HomeMy WebLinkAboutCouncil Agenda Packet 08-14-17
AGENDA
CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING
August 14, 2017 7:00 p.m.
Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City of Wheat Ridge. Call Sara Spaulding, Public Information Officer, at 303-235-2877 at least one week in advance of a
meeting if you are interested in participating and need inclusion assistance. CALL TO ORDER PLEDGE OF ALLEGIANCE
ROLL CALL OF MEMBERS APPROVAL OF Council Minutes of June 26, 2017 and Study Notes of July 17, 2017 and Special Study Session Notes of July 24, 2017
PROCLAMATIONS AND CEREMONIES
• Second Opportunity for Public Input on the 2018 Budget
CITIZENS’ RIGHT TO SPEAK a. Citizens, who wish, may speak on any matter not on the Agenda for a maximum of 3 minutes and sign the Public Comment Roster.
b. Citizens who wish to speak on Agenda Items, please sign the GENERAL AGENDA ROSTER or appropriate PUBLIC HEARING ROSTER before the item is called to be heard.
c. Citizens who wish to speak on Study Session Agenda Items, please sign the STUDY
SESSION AGENDA ROSTER. APPROVAL OF AGENDA
1. CONSENT AGENDA a) Resolution 28-2017 – Approving Action by Jefferson County Open Space to Subordinate the Reverter Clause on the Recreation Center Property at 4005 Kipling to permit a Drainage Easement
CITY COUNCIL AGENDA: August 14, 2017 Page -2-
Consent Agenda cont. b) Motion to approve the award of RFP-17-21 Insurance Broker Services to Insurance Management Associates, Inc. (IMA) of Colorado on a Commission-Based
Agreement and to approve a one-year term with the option to renew for four
additional one-year periods. c) Resolution 27-2017 – amending the Fiscal year 2017 General Fund Budget to reflect the approval of a Supplemental Budget Appropriation in the amount of $841,330 for On-Call Building Permit Inspections, Plan Review and other Support Services and
Related Costs
PUBLIC HEARINGS AND ORDINANCES ON SECOND READING 2. Council Bill 15-2017 – granting a Permanent Drainage Easement to Equinox Properties,
LLC, for the purpose of constructing a Stormwater Structure on City-Owned Property ORDINANCES ON FIRST READING 3. Council Bill 16-2017 – approving the rezoning of property located at 6025 W. 40th
Avenue from Commercial-One (C-1) to Residential-One (R-1C) (Case No. WZ-17-
05/Shadow Homes) 4. Council Bill 17-2017 – amending Section 5-41 of the Wheat Ridge Code of Laws concerning Building Permit Fees
CITY MANAGER’S MATTERS CITY ATTORNEY’S MATTERS
ELECTED OFFICIALS’ MATTERS ADJOURNMENT
ITEM NO: DATE: August 14, 2017 REQUEST FOR CITY COUNCIL ACTION
TITLE: SECOND OPPORTUNITY FOR PUBLIC INPUT ON THE 2018 BUDGET
PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS
QUASI-JUDICIAL: YES NO _______________________________ _______________________________
Administrative Services Director City Manager
ISSUE: The process for the development of the 2018 Budget is underway. An important phase of this
process is offering the public opportunities to provide input to City Council prior to the presentation of the 2018 Proposed Budget. This is the second of two public input meetings. The 2018 Budget is scheduled to be presented to the Mayor and City Council on Monday, October 2, 2017. Following review and direction from City Council, the City will hold a public hearing and consider adoption of the proposed 2018 Budget on Monday, October 9, 2017. Staff includes a
summary of all feedback received from these public meetings in the presentation of the proposed budget to City Council. FINANCIAL IMPACT: There is no financial impact on this item.
BACKGROUND: Each year, the City invites the public to provide input on the budget prior to the time it is presented to City Council. This community engagement practice is in line with best practices used by local governments across the country and endorsed by the Government Finance
Officers’ Association (GFOA). Staff includes a summary of all feedback received from these public input meetings in the presentation of the proposed budget to City Council.
Council Action Form - Second Public Input Opportunity on the 2018 Budget
August 14, 2017
Page 2 The proposed budget will be available online on the City website prior to the September 18th
meeting. The public is invited to provide input on the proposed 2018 Budget at the October 2nd
and October 9th meetings. RECOMMENDATIONS: No recommendation on this item is necessary.
RECOMMENDED MOTION: No formal action by City Council is necessary at this time. REPORT PREPARED/REVIEWED BY: Carly Lorentz, Assistant to the City Manager
Heather Geyer, Administrative Services Director Patrick Goff, City Manager
ITEM NO: DATE: August 14, 2017 REQUEST FOR CITY COUNCIL ACTION
TITLE: RESOLUTION NO. 28-2017 – A RESOLUTION APPROVING
ACTION BY JEFFERSON COUNTY OPEN SPACE TO
SUBORDINATE THE REVERTER CLAUSE ON THE RECREATION CENTER PROPERTY AT 4005 KIPLING TO PERMIT A DRAINAGE EASEMENT PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO
_______________________________ ______________________________
Parks and Recreation Director City Manager ISSUE: The City of Wheat Ridge has granted a permanent easement to Equinox Properties, LLC for the
purpose of constructing a storm water structure on City-owned property. Because this is a utility easement and not a park and recreation use, it requires the release of the Jefferson County Open Space reverter clause currently held on the property title by Jefferson County. PRIOR ACTION: No prior action by City Council has occurred at this location related to this issue.
FINANCIAL IMPACT: There is no financial impact to the City or Recreation Center. BACKGROUND: When open space funds are used to purchase property and Jefferson County participates in the acquisition by contributing additional county funds, a reverter clause or real estate encumbrance is placed on the property to ensure that it will always be used for the original park and recreation purpose intended. If the property is not used for park and recreational purposes, the ownership
reverts back to Jefferson County. When a request is proposed for use other than parks and
Council Action Form – Recreation Center Drainage Easement
August 14, 2017
Page 2 recreation purposes the City Council is required by Jefferson County to approve the
subordination of the reverter to allow a different use.
RECOMMENDATIONS: Staff recommends approval of the resolution subordinating the reverter for the purpose of constructing a storm water drainage structure.
RECOMMENDED MOTION: “I move to approve Resolution No. 28-2017, a resolution approving action by Jefferson County Open Space to subordinate the reverter clause on the Recreation Center property at 4005 Kipling to permit a drainage easement.
Or, “I move to postpone indefinitely Resolution No. 28-2017, a resolution approving action by Jefferson County Open Space to permit a drainage easement for the following reason(s)
____________________.”
REPORT PREPARED/REVIEWED BY: Joyce Manwaring, Parks and Recreation Director Patrick Goff, City Manager
ATTACHMENTS: 1. Resolution No. 28-2017
CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 28 Series of 2017
TITLE: A RESOLUTION APPROVING ACTION BY JEFFERSON COUNTY OPEN SPACE TO SUBORDINATE THE REVERTER CLAUSE ON THE RECREATION CENTER PROPERTY AT 4005 KIPLING TO PERMIT A DRAINAGE EASEMENT
WHEREAS, the Wheat Ridge Recreation Center property was acquired through the use
of Jefferson County Open space funds; and WHEREAS, as a condition of use of those funds, a reverter clause was placed on the Recreation Center Property to require the same to revert to the County should the property be
used for other than recreation, park and open space purposes; and
WHEREAS, certain incidental uses of properties acquired with Open Space funds are permitted by the County to the extent the same do not undermine the recreation, open space and park purpose; and
WHEREAS, the City has approved the development and renovation of an adjacent property; and WHEREAS, the City supports the use of the Recreation Center land for a storm water
structure; and
WHEREAS, the installation of this equipment will not interfere with the recreation use of the Recreation Center property; and
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows: Section 1. Subordination approved.
The City Council hereby approves the subordination of the reverter clause pertaining to the
Recreation Center property at 4005 Kipling Street Section 2. Effective date. This resolution shall be effective immediately upon adoption.
DONE AND RESOLVED THIS DAY August 14, 2017.
_____________________ Joyce Jay, Mayor
ATTEST: ____________________________ Janelle Shaver, City Clerk
Attachment 1
ITEM NO:
DATE: August 14, 2017
REQUEST FOR CITY COUNCIL ACTION
TITLE: MOTION TO APPROVE THE AWARD OF RFP-17-21 INSURANCE BROKER SERVICES TO INSURANCE MANAGEMENT ASSOCIATES, INC. (IMA) OF COLORADO ON A COMMISSION-BASED AGREEMENT AND TO APPROVE A ONE-YEAR TERM WITH THE OPTION TO RENEW FOR FOUR ADDITIONAL ONE-YEAR PERIODS
PUBLIC HEARING ORDINANCES FOR 1ST READING
BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO
_______________________________ ______________________________ Administrative Services Director City Manager
ISSUE: The City contracts with a brokerage firm to provide employee insurance benefits which include the following services: review benefit contracts, solicit and negotiate rates for benefit plans in coordination with Human Resources, provide updated information and changes in regulations
concerning benefits provided to public employees, evaluate and underwrite data for any changes in benefit plans, counsel, advise and make recommendations to the Administrative Services Department/Human Resources concerning various applicable issues, and act as liaison to insurers when service problems occur. Commissions are generated from the insurance premiums paid by the City and its employees. The contract with the current brokerage firm expires in August, 2017.
PRIOR ACTION: Insurance Management Associates, Inc. (IMA) has provided these services to the City for the past sixteen years based on a best value award recommendation resulting from competitive
Council Action Form – Insurance Broker Award
August 14, 2017
Page 2 solicitations. Council last approved award of RFP-12-07 Insurance Broker Services to Insurance Management Associates, Inc. (IMA) on June 25, 2012. Options to renew have been exercised on
an annual basis since that date.
FINANCIAL IMPACT: The City’s insurance broker works on behalf of the City to negotiate the best rates for staff insurance benefits. Financial impact cannot be defined because this is a commission-based
agreement and commissions are generated from the premiums paid by the City and its
employees; however, total commissions are estimated at less than $82,000 for fiscal year 2017. BACKGROUND: In accordance with procurement and contracting best-practices and current bid guidelines, the
City initiated an RFP process. Six brokerage firms submitted written proposals. After careful
screening of the proposals by the evaluation committee, one firm unanimously received the highest individual scores based on the proposed evaluation criteria. The committee selected the incumbent vendor, IMA, thus no interview was conducted.
IMA has proven to be very innovative, has provided state-of-the art services, and customized
technologies not offered by other brokers in the insurance industry. Their negotiations for us have often resulted in single-digit renewal increases for the City, atypical in the recent benefits market. In addition, IMA provides two areas of expertise (Wellness Program guidance and Health Care Reform preparation) that other firms do not provide or charge additional fees for services.
RECOMMENDATIONS: Staff recommends retaining the broker services of IMA of Colorado with an effective date of August 17, 2017, with an option to review for four additional one-year periods. RECOMMENDED MOTION:
“I move to award RFP-17-21 Insurance Broker Services to Insurance Management Associates, Inc. of Colorado on a commission-based agreement for a one-year term with the option to renew for four additional one-year periods.
Or,
“I move to deny the award of RFP-17-21 Insurance Broker Services to Insurance Management Associates, Inc. of Colorado on a commission-based agreement for a one-year term with the option to renew for four additional one-year periods for the following reason(s) ____________.”
REPORT PREPARED/REVIEWED BY: Tamara Dixon, Human Resources Manager Heather Geyer, Administrative Services Director Jennifer Nellis, Purchasing Agent
ATTACHMENTS: 1. Bid Tabulation Sheet
"" .. '4' •City of_?VVlieatRl_.dge
PROJECT: RFP-17-21
PROJECT NAME: INSURANCE BROKER SERVICES
DUE DATE/TIME: THURSDAY, JULY 13, 2017 BY TIME 1:00 P.M. LOCAL TIME
VENDOR Holmes Murphy IMA, Inc.
LOCATION Greenwood Village, CO Denver, CO
PROPOSER ACKNOWLEDGMENT FORM Yes Yes
ACKNOWLEDGEMENT OF ADDENDA (1) Yes Yes
ILLEGAL ALIEN COMPLIANCE Yes Yes
NON-DISCRIMINATION ASSURANCE Yes Yes
NON-COLLUSION AFFADAVIT Yes Yes
VENDOR QUALIFICATION FORM Yes Yes
REFERENCE AUTHORIZATION AND RELEASE Yes Yes
EXPERIENCE AND QUALIFICATIONS Yes Yes
TECHNICAL APPROACH Yes Yes
REFERENCES AND LOCATION Yes Yes
SCHEDULE OF RATES Yes Yes
Page 1 of 2
REQUESTED BY: TAMARA DIXON -HUMAN RESOURCES DIVISION
rs -ftl// OPENED BY: JENNIFER NELLIS, PURCHASING AGENT
� WITNESSED BY: CINDY RAIOLO, PURCHASING TECHNICIAN
Gallagher Benefit
Services, Inc. Moreton and Company Segal Consulting
Centennial, CO Denver, CO Greenwood Village, CO
Yes Yes Yes
Yes Yes Yes
Yes Yes Yes
Yes Yes Yes
Yes Yes Yes
Yes Yes Yes
Yes Yes Yes
Yes Yes Yes
Yes Yes Yes
Yes Yes Yes
Yes Yes Yes
Attachment 1
PROJECT: RFP-17-21
PROJECT NAME: INSURANCE BROKER SERVICES
DUE DATE/TIME: THURSDAY, JULY 13, 2017 BY TIME 1:00 P.M. LOCAL TIME
Hays Companies of
VENDOR Denver
LOCATION Denver, CO
. "
PROPOSER ACKNOWLEDGMENT FORM Yes
ACKNOWLEDGEMENT OF ADDENDA (1) Yes
ILLEGAL ALIEN COMPLIANCE Yes
NON-DISCRIMINATION ASSURANCE Yes
NON-COLLUSION AFFADAVIT Yes
VENDOR QUALIFICATION FORM Yes
REFERENCE AUTHORIZATION AND RELEASE Yes
EXPERIENCE AND QUALIFICATIONS Yes
TECHNICAL APPROACH Yes
REFERENCES AND LOCATION Yes
SCHEDULE OF RATES Yes
Page 2 of 2
""
REQUESTED BY: TAMARA DIXON -HUMAN RESOURCES DIVISION "4-/>1 OPENED BY: JENNIFER NELLIS, PURCHASING AGENTCY WITNESSED BY: CINDY RAIOLO, PURCHASING TECHNICIAN
-·"·
ITEM NO: ___ DATE: August 14, 2017 REQUEST FOR CITY COUNCIL ACTION
TITLE: RESOLUTION NO. 27-2017 – A RESOLUTION AMENDING THE FISCAL YEAR 2017 GENERAL FUND BUDGET TO
REFLECT THE APPROVAL OF A SUPPLEMENTAL
BUDGET APPROPRIATION IN THE AMOUNT OF $841,330
FOR ON-CALL BUILDING PERMIT INSPECTIONS, PLAN
REVIEW AND OTHER SUPPORT SERVICES AND RELATED COSTS PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING
RESOLUTIONS
QUASI-JUDICIAL: YES NO
______________________________ ______________________________
Community Development Director City Manager ISSUE: On May 8, 2017, the City of Wheat Ridge experienced an extremely damaging hailstorm, and as a
result, the workload for the City’s building division has increased exponentially. Prior to the storm,
the City had processed approximately 500 building permits, a typical volume for that time of year. Since the storm the building division has processed more than 4,000 residential, re-roof permits alone. Prior to the storm, building inspection volume was averaging 20 to 30 inspections per day. Currently, staff is averaging 140 to 175+ inspections per day.
Prior to the storm, the City had two full time building permit technicians (one position was temporarily vacant) and two full time building inspectors (one position was temporarily vacant). To respond to the permit processing and inspection volumes, the City has augmented staff resources through the City’s contract inspection firm, Charles Abbott and Associates (CAA). CAA is based in
Mission Viejo, California, but recently opened a Colorado office in Broomfield. CAA is providing
4-6 inspectors and 2-4 permit technicians on a daily basis to help meet our work volume. A budget supplemental is needed to pay for these additional costs, and other ancillary expenses.
Council Action Form - On-call building division contract services
August 14, 2017
Page 2 PRIOR ACTION: During the annual budget adoption process for 2017, City Council approved $34,000 in the budget
for building division contract services. In a typical year, these funds are used to provide on-call
staffing during staff absences for vacations, training, illness, etc. FINANCIAL IMPACT: Initially, staff transferred funds that were available in other accounts, based on staff vacancies,
knowing that a much larger budget supplemental would soon be needed. The intervening time has
allowed staff to better understand the scope of the staff resources (and associated funding) that will likely be necessary. Prior to the hiring CAA, the contract inspection firm was Code Consultants International, and they
billed the City $12,180 for their work through April 18, 2017. Since the storm, CAA has thus far
billed $112,853.75. For reference, CAA’s June billing totaled $94,780. July’s bill will exceed $100,000. The adopted budget in Building Division Account 01-122-700-704 (Contract Services) was
$34,000. In June, staff transferred $28,720 in salary savings into the 01-122-700-704 account,
resulting in an adjusted budget of $62,720. Expenses through June 30 for all contract services are $128,050, so a budget supplemental of $65,330 is needed to cover actual costs through June 30. For the balance of July through December of 2017, staff is estimating $700,000 of additional
contract building division staff resources for permit technicians, plan reviews and field inspections.
This is based on an estimate of $150,000 per month for July through October and $50,000 per month for November and December. This estimate is based on actual costs for the week of July 24th.
This line item account also pays for credit card fees associated with building permits, which were
budgeted at $18,000. As a result of storm-related permit volume, these fees are also estimated to increase to a total of $90,000 for all of 2017. Following is a summary of the breakdown of the budget supplemental request:
$ 65,330 – balance of June contract staffing costs $ 72,000 – additional credit card processing costs $ 4,000 – additional budget for office supplies + $ 700,000 – additional contract labor (CAA) for the balance of the year
$ 841,330 – TOTAL budget supplemental request
Since the May 8 storm, and as of August 7, 2017, approximately $1,800,000 has been generated in fees and use taxes for residential re-roof permits. Conservatively, staff is estimating approximately 6000 residential re-roof permits in total will be processed and paid for in 2017. Though it is difficult
to predict, staff anticipates the work of completing all necessary roof repairs will likely continue
into 2018; however not likely at the same volume. Based on a typical building permit charge (fee and use tax) of $400, staff estimates total revenue of $2,400,000 in 2017.
Council Action Form - On-call building division contract services
August 14, 2017
Page 3 This supplemental budget appropriation will not decrease the City’s undesignated reserve below the minimum 17% policy.
BACKGROUND: The City of Wheat Ridge was at the center of the damaging May 8 hailstorm, which at times had hailstones as large as baseballs. This storm is on track to be the costliest weather-related storm event in Colorado’s history. For budgeting purposes, staff has estimated a total of 7,000
residential re-roof permits will be issued over the course of 2017 and 2018; although, those
figures could easily go higher based on the volume of permit applications received to date. To respond to the permit application and inspection volume, staff has brought on between 4 and 6 additional inspectors, between 2 and 4 additional building permit technicians, and plan
reviewers as needed. The City continues to offer next day inspections, though the ability for
permit holders to request an inspection time window has been temporarily suspended. The City’s on-call inspection firm, Charles Abbott and Associates is providing the additional staff resources. CAA is relatively new to the City. They were the successful bidder earlier this year through a
competitive RFP process and started with the City on April 18 by letter of engagement. Due to
the rapid departure of the previous contract building inspection firm, it was necessary to enter into this temporary agreement prior to City Council’s award of a formal contract (pending). CAA has numerous offices throughout the country and has brought in staff from as far away as California, Nevada and Georgia.
RECOMMENDATIONS: Staff recommends approval of the resolution in order to provide for a supplemental budget appropriation in the amount of $841,330 for the purpose of amending the fiscal year 2017 budget to reflect the need for additional building division staff resources to respond to the permit and
inspection volume associated with the May storm.
RECOMMENDED MOTION: “I move to approve Resolution No. 27-2017, a resolution amending the fiscal year 2017 General Fund budget to reflect the approval of a supplemental budget appropriation in the amount of
$841,330 for on-call building permit inspections, plan review and other support services and
related costs.” Or,
“I move to table indefinitely Resolution No. 27-2017, a resolution amending the fiscal year 2017
General Fund budget to reflect the approval of a supplemental budget appropriation in the amount of $841,330 for on-call building permit inspections, plan review and other support services and related costs for the following reason(s) _______________________________.” REPORT PREPARED/REVIEWED BY:
Kenneth Johnstone, Community Development Director Patrick Goff, City Manager
Council Action Form - On-call building division contract services
August 14, 2017
Page 4 ATTACHMENTS: 1. Resolution No. 27 -2017
CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 27
Series of 2017
TITLE: A RESOLUTION AMENDING THE FISCAL YEAR 2017 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF
$841,330 FOR ON-CALL BUILDING PERMIT INSPECTIONS, PLAN REVIEW AND OTHER SUPPORT SERVICES AND RELATED COSTS WHEREAS, the City regularly contracts with an outside firm to provide intermittent building inspections, plan review and other building division related services;
and WHEREAS, Charles Abbott Associates was selected by staff as the top firm to provide said services through RFQ-17-09 in the spring of 2017; and
WHEREAS, a hailstorm on May 8, 2017, has resulted in a significant increase in
the amount of contract building permit-related services required by the City to address the associated building permit and inspection volume; and WHEREAS, said storm has also resulted in increases in credit card processing
fees and other office supply expenses; and WHEREAS, the requested funding is available in the General Fund undesignated reserves.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge,
Colorado as follows: Section 1. A transfer of $72,000 for additional credit card processing fees to account 01-122-700-704
Section 2. A transfer of $765,330 for on-call building permit inspections, plan
reviews and other support services to account 01-122-700-704 Section 3. A transfer of $4,000 for office supplies to account 01-120-600-651 DONE AND RESOLVED this 14th day of August 2017.
Joyce Jay, Mayor ATTEST:
Janelle Shaver, City Clerk
Attachment 1
ITEM NO: DATE: August 14, 2017 REQUEST FOR CITY COUNCIL ACTION
TITLE: COUNCIL BILL 15-2017 - AN ORDINANCE GRANTING A
PERMANENT DRAINAGE EASEMENT TO EQUINOX
PROPERTIES, LLC FOR THE PURPOSE OF CONSTRUCTING A STORMWATER STRUCTURE ON CITY-OWNED PROPERTY PUBLIC HEARING ORDINANCES FOR 1ST READING (07/24/2017) BIDS/MOTIONS ORDINANCES FOR 2ND READING (08/14/2017)
RESOLUTIONS
QUASI-JUDICIAL: YES NO
______________________________ ______________________________
Director of Parks and Recreation City Manager ISSUE: Equinox Properties, LLC is expanding and conducting improvements to the Circle K located at
3805 Kipling Street. As part of these improvements a new storm water/drainage structure is
required. This structure is located in Lena Gulch on city-owned property, just south of the Recreation Center at 4005 Kipling Street. PRIOR ACTION: Equinox Properties, LLC applied to the Jefferson County Open Space Department for a subordination of the reverter clause for a utility easement on park property. Jefferson County approved the easement request contingent on the granting of a permanent easement by City Council.
Earlier this month, the City approved Equinox Subdivision Filing No. 1, an administrative subdivision plat which has been recorded with the Jefferson County Clerk and Recorder. The plat and easement allow for redevelopment of the existing Circle K and creates a new development lot.
Council Action Form – Easement for Circle K Improvements
August 14, 2017
Page 2 FINANCIAL IMPACT: There is no direct financial impact to the City.
BACKGROUND: When open space funds are used to purchase property, and Jefferson County participates in the acquisition by contributing additional county funds, a reverter clause or real estate encumbrance
is placed on the property to ensure that the property always be used for the original park and
recreation purpose intended. If the property is not used for park and recreation purposes, such as a utility easement, Jefferson County Open Space removes the reverter clause on the portion of the property required. In this specific case the reverter clause has been removed in the area required for the storm water structure and staff is requesting City Council approve a permanent
easement on City Park and Recreation property.
RECOMMENDATIONS: Staff recommends a permanent easement be approved by the City Council.
RECOMMENDED MOTION:
“I move to approve Council Bill 15-2017, an ordinance approving a permanent drainage easement to Equinox Properties, LLC for the purpose of constructing a storm water structure on city-owned property on second reading and that it take effect 15 days after final publication.”
Or,
“I move to postpone indefinitely Council Bill 15-2017, an ordinance approving a permanent drainage easement to Equinox Properties, LLC for the purpose of constructing a storm water structure on city-owned property for the following reason(s)
_______________________________.”
REPORT PREPARED BY: Lauren Mikulak, Senior Planner Joyce Manwaring, Parks and Recreation Director
Patrick Goff, City Manager
ATTACHMENTS: 1. Council Bill No. 15-2017 (with Exhibit) 2. Easement Map
3. Subdivision Plat
CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER FITZGERALD
COUNCIL BILL NO. 15 ORDINANCE NO. _________ Series 2017 TITLE: AN ORDINANCE GRANTING A PERMANENT DRAINAGE EASEMENT TO
EQUINOX PROPERTIES, LLC, FOR THE PURPOSE OF CONSTRUCTING A STORMWATER STRUCTURE ON CITY-OWNED PROPERTY
WHEREAS, the City of Wheat Ridge is a home rule municipality having all powers conferred by Article XX of the Colorado Constitution; and
WHEREAS, the Council is authorized by Section 16.5 of the Charter to dispose
of real property held by the City, by ordinance; and
WHEREAS, the Council wishes to grant a permanent drainage easement across real property owned by the City in the vicinity of 38th Avenue and Kipling Street.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WHEAT RIDGE, COLORADO: Section 1. Easement approved. The Council hereby approves the grant of a permanent drainage easement across City-owned property, in the form attached hereto
as Exhibit 1 and fully incorporated by this reference. The Mayor and City Clerk are
authorized and directed to execute the same. 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. Section 3. Effective Date. This Ordinance shall take effect 15 days after final
publication, as provided by Section 5.11 of the Charter.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of 7 to 0 on this 24th day of July, 2017, 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 August 14, 2017 at 7:00 p.m., in the Council Chambers, 7500 West 29th
Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of ___ to ___, this 14th day of August, 2017.
Attachment 1
SIGNED by the Mayor on this _____ day of ____________, 2017.
_________________________ Joyce Jay, Mayor ATTEST:
_________________________ Janelle Shaver, City Clerk
Approved as to Form _________________________
Gerald E. Dahl, City Attorney
First Publication: July 27, 2017 Second Publication: Wheat Ridge Transcript
Effective Date:
Published: Wheat Ridge Transcript and www.ci.wheatridge.co.us
Exhibit 1 Form of easement
[attached]
PERMANENT EASEMENT
Location: 3805 Kipling St.
Wheat Ridge, Colorado 80033
KNOW ALL MEN BY THESE PRESENTS, that the (:ity of Wheat Ridge, hereinafter called the
"Grantor" for and in consideration of the sum of TEN and 00/100 DOLLARS ($10.00) and other valuable consideration, the receipt and sufficiency of which are hereby confessed and acknowledged,
does hereby give and grant to Equinox Properties, LLC, whose address is 1873 S. Bellaire St., Denver, County of Jefferson, State of Colorado, 80222, hereinafter called "Grantee" a PERMANENT EASEMENT on, along, over and across the following described premises to-wit:
A tract ofland lying in the SE� of Section 21, Township 3 South, Range 69 West of the 6th
Principal Meridian, City of Wheat Ridge, County of Jefferson, State of Colorado, described as:
-See Exhibit A (2 pages) hereunto attached and incorporated by this reference -
NOTE: All bearings are relative to one another and are based on the South line of the SE �of said Section 21 as shown on the City of Wheat Ridge Control Diagram which bears
S89° 12'50" W, being monumented on the Southeast Comer by a 3114'' AL cap LS13212 and the Southwest Comer of said SE 1h Section by a 3114'' AL cap LS13212, T.3S., R.69W. of the 6thP.M.
For the purpose of: The construction and maintenance of a drainage conveyance facility and any
drainage related-items lying within the bounds of the area described herein.
Subject to the following terms and conditions: To the extent permitted by law, and without waiving any immunities, protections, or defenses available at common law or under statute, including, without limitation, the Colorado Governmental Immunities Act, Section 24-10-101, et seq., C.R.S., the Grantee, individually and for itself only, agrees to hold harmless the Grantor from and against any suit, claim, attorney's fees, loss or damage, including personal injury or loss
of life, which may occur as a result of negligent construction or maintenance of said drainage improvement work by and/or for the Grantee on the property subject to this easement.
Said tract contains 1,736 square feet (0.0399 acres), more or less.
Also known by street and number as: 3805 Kipling St, Wheat Ridge, CO 80033.
And the Grantor hereby covenants with the Grantee that Grantor has good title to the aforedescribed premises; and that Grantor has good and lawful right to grant this easement.
IN WITNESS WHEREOF, the undersigned has hereunto set its hand this _day of A.D.,2017.
City of Wheat Ridge
By: _____
STATE OF COLORADO
COUNTY OF JEFFERSON
) ) SS.
)
The foregoing instrument was acknowledged before me this __ day of , 2017, by
______ _, as of City of Wheat Ridge.
My commission expires , . Witness my hand and official seal.
SEAL Notary Public otarv' s Address
Exhibit 1
EXHIBIT A SECTION 21, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH P.M. CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO
SHEET 1 OF 2
LEGAL DESCRIPTION
A PARCEL OF LAND LOCATED IN THE SOUTHEAST 1/4 OF SECTION 21, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO, DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 21, FROM WHICH THE SOUTH 1/4 CORNER OF SAID SECTION 21 BEARS S89"12'50"W WHICH IS THE BASIS OF BEARINGS FOR ALL BEARINGS STATED HEREIN; THENCE N37"49'05"W, A DISTANCE OF 450.28 FEET TO THE TRUE POINT OF BEGINNING;
THENCE N15"40'53"W, A DISTANCE OF 113.31 FEET; THENCE S74"19'07"W, A DISTANCE OF 15.00 FEET; THENCE S15'40'53"E, A DISTANCE OF 118.15 FEET;
THENCE N56"26'03"E, A DISTANCE OF 15. 76 FEET TO THE TRUE POINT OF BEGINNING.
THE DESCRIBED PARCEL CONTAINS 1,736 SQUARE FEET OR 0.0399 ACRES, MORE OR LESS.
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prepared by: ROBERT J. RUBINO RUBINO SURVEYING 3312 AIRPORT ROAD BOULDER, CO 80301 (303)464-9515 FAX (303)464-7792E-MAIL: rubinosurveying@ool.com
DRAWN BY: BR I APPROVED BY: RJR I
ROBERT J. RUBINO, P.L.S. 14142
16135EASEMENT.DWG
DATE: APRIL 9. 2017 ] JOB NO. 16135
EXHIBIT A
SECTION 21, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH P.M. CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO
S74"19'07"W 15.00'
SHEET 2 OF 2
DESCRIBED PARCEL
/ �
1,736 SQ. FT./0.0399 ACRES
0; 4'> o. 0' ·' \u\
% I I
/ '\_E 1/4 COR SEC 21 T3S R69W, FOUND 3. 25" BRASS CAP IN RANGE BOX
1-w w
PLS 15212
1 1
�;-TRUE POINT OF BEGINNING
N56'26'03"E '\_
s:: 0:::
� I tr; ; 0 b z 0 -z _J 15.76'
�
EXISTING PROPERTY LINE
Sl /4 COR SEC 21
3" ALU CAP IN RANGE BOX
� 1-v:<; l1'.s�"(,9.V O"' -� '\'.�<9. {'
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� T.3S R69W, FOUND /
T3S R69W, FOUND
PLS 13212 . (BASIS OF BEARINGS) � -----S89'12'50"W
/
POINT OF COMMENCEMENT SE COR SEC 21
3" ALU CAP IN RANGE BOX PLS ILLEGIBLE
WEST 38TH AVE
30 0
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30
RUBINO SURVEYING 3312 �RPORT ROAD BOULDER, CO 80301
Scale 1" =30 ft
(303)464-9515 FAX (303)464-7792E-MAIL: rubinosurveying@aal.com
DRAWN BY: BR APPROVED BY: RJR
ROBERT J. RUBINO, P.L.S. 14142
16135EASEMENT.DWG
DATE: APRIL 9, 2017 JOB NO. 161 35
39TH AVE
38TH AVE
KI
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Legend
Equinox Subdivision
Geographic Information Systems
Data Source: City of Wheat Ridge
State Plane Coordinate Projection Colorado Central ZoneDatum: NAD83 ±
0 40 80 120 160
Feet
DISCLAIMER NOTICE:
This is a pictorial representation of geographic and demographic information. Relianceupon the accuracy, reliability and authority of this information is solely requestor’sresponsibility. The City of Wheat Ridge, in Jefferson County, Colorado - a politicalsubdivision of the State of Colorado, has compiled for its use certain computerizedinformation. This information is available to assist in identifying general areas of concernonly. The computerized information provided should only be relied upon with corroborationof the methods, assumptions, and results by a qualified independent source. The user ofthis information shall indemnify and hold free the City of Wheat Ridge from any and allliabilities, damages, lawsuits, and causes of action that result as a consequence of hisreliance on information provided herein.
Subject Easement
Lot 2
Tract A
Lot 1
Attachment 2
OWNER'S CERTIFICATE:
WE, CIRCLE K STORES INC., AND EQUINOX PROPERTIES, LLC, BEING THE OWNERS OF THE REAL
PROPERTY OF 3.0551 ACRES DESCRIBED AS FOLLOWS;
PARCEL 1:
THAT PART OF THE EAST 1/2 EAST 1/2 SOUTHEAST 1/4 SOUTHEAST 1/4 OF SECTION 21, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF JEFFERSON, STATE OF COLORADO, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SAID SECTION; RUNNING THENCE NORTH ALONG EAST LINE OF SAID SECTION 762 FEET TO A POINT; RUNNING THENCE IN A SOUTHWESTERLY DIRECTION
IN A STRAIGHT LINE TO A POINT ON WEST LINE OF SAID E1/2E1/2SE1/4SE1/4 OF SAID SECTION, WHICH POINT IS 600 FEET NORTH OF SOUTH LINE OF SAID SECTION;
RUNNING THENCE ALONG WEST LINE OF SAID E1/2E1/2SE1/4SE1/4 TO SOUTH LINE OF SAID SECTION; RUNNING THENCE EAST ALONG SOUTH LINE OF SAID SECTION TO THE TRUE POINT OF BEGINNING.
EXCEPT THAT PORTION DEEDED TO STANDARD OIL COMPANY, RECORDED OCTOBER 23, 1956 IN BOOK 1026 AT PAGE 160, OF THE RECORDS OF JEFFERSON COUNTY;
AND EXCEPT THAT PORTION DEEDED TO THE AMERICAN OIL COMPANY, RECORDED JUNE 10, 1968 IN BOOK 2024 AT PAGE 347;
AND EXCEPT RIGHT OF WAY FOR WEST 38TH AVENUE, AND RIGHT OF WAY FOR KIPLING STREET WHICH HAVE PREVIOUSLY BEEN DEDICATED TO THE COUNTY OF JEFFERSON, STA TE OF COLORADO;
AND EXCEPT THAT PORTION CONVEYED TO THE CITY OF WHEAT RIDGE BY QUIT CLAIM DEED RECORDED MARCH 29, 1989 AT RECEPTION NO. 89026317;
AND EXCEPT THOSE PORTIONS CONVEYED TO THE CITY OF WHEAT RIDGE BY WARRANTY DEEDS RECORDED JULY 23, 1999 AT RECEPTION NO. F0913893 AND F0913895;
AND EXCEPT THAT PORTION CONVEYED TO THE CITY OF WHEAT RIDGE BY DEED RECORDED MAY 7, 1980 AT RECEPTION NO. 80035262;
AND EXCEPT ANY PORTION LOCATED WITHIN THE CONSOLIDATION PLAT AMOCO STATION NO. 5215 RECORDED APRIL 25, 1989 AT RECEPTION NO. 89034911.
PARCEL 2:
A TRACT OF LAND LYING IN THE SOUTHEAST 1/4 OF SECTION 21, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO, DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF WEST 1/2 OF THE EAST 1/2 OF SOUTHEAST 1/4 OF
THE SOUTHEAST 1/4 OF SAID SECTION 21;
THENCE NORTHERLY ALONG THE EAST LINE OF THE SAID WEST 1/2 A DISTANCE OF 30 FEET TO THE TRUE POINT OF BEGINNING; SAID POINT LYING ON THE NORTH RIGHT OF WAY LINE OF WEST 38TH AVENUE; THENCE NORTHERLY ALONG THE EAST LINE OF THE SAID WEST 1/2 A DISTANCE OF 296.4 FEET;
THENCE ON A DEFLECTION LEFT 99'30', A DISTANCE OF 20.28 FEET TO A POINT WHICH LIES 20
FEET WEST OF THE EAST LINE OF THE SAID WEST 1 /2;
THENCE SOUTHERLY PARALLEL TO THE SAID EAST LINE OF THE WEST 1/2 A DISTANCE OF 293.0 FEET MORE OR LESS TO A POINT ON THE NORTHERLY RIGHT OF WAY LINE OF WEST 38TH AVENUE;
THENCE EASTERLY A DISTANCE OF 20 FEET ALONG THE SAID NORTHERLY RIGHT WAY LINE OF WEST 38TH AVENUE TO THE TRUE POINT OF BEGINNING.
PARCEL 3:
LOT 1, CONSOLIDATION PLAT AMOCO STATION NO. 5215 RECORDED APRIL 25, 1989 AT RECEPTION NO. 89034911, COUNTY OF JEFFERSON, STATE OF COLORADO.
THE SUBJECT PROPERTY BEING MORE PARTICULARLY DESCRIBED AS:
A PARCEL OF LAND LOCATED IN THE SOUTHEAST 1/4 OF SECTION 21, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO, DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 21, FROM WHICH THE SOUTH 1 /4
CORNER OF SAID SECTION 21 BEARS S89'12'50"W WHICH IS THE BASIS OF BEARINGS FOR ALL
BEARINGS STATED HEREIN; THENCE N38'49'34"W, A DISTANCE OF 75.09 FEET TO THE WESTERLY ROW LINE OF KIPLING STREET AND THE TRUE POINT OF BEGINNING;
THENCE N00'04' 42"W ALONG SAID WESTERLY LINE, A DISTANCE OF 185.87 FEET;
THENCE S89'12'50"W ALONG SAID WESTERLY LINE, A DISTANCE OF 8.00 FEET;
THENCE N00'04' 42"W ALONG SAID WESTERLY LINE, A DISTANCE OF 315.31 FEET;
THENCE NORTHWESTERLY ALONG A CURVE CONCAVE TO THE SOUTHWEST (SAID CURVE HAVING A
RADIUS OF 22.00 FEET, A DELTA ANGLE OF 117'05'08", A CHORD BEARING N58'37'16"W, 37.53
FEET), AN ARC LENGTH OF 44.96 FEET;
THENCE SOUTHWESTERLY ALONG A CURVE CONCAVE TO THE SOUTHEAST (SAID CURVE HAVING A
RADIUS OF 117.00 FEET, A DEL TA ANGLE OF 18'09'15", A CHORD BEARING S53'45'33"W, 36. 92
FEET), AN ARC LENGTH OF 37.07 FEET;
THENCE S44'40'55"W, A DISTANCE OF 31.76 FEET;
THENCE N45'19'05"W, A DISTANCE OF 55.10 FEET;
THENCE S47'55'18"W, A DISTANCE OF 23.93 FEET;
THENCE S28'55'18"W, A DISTANCE OF 34.00 FEET;
THENCE S00'24'42"E, A DISTANCE OF 61.00 FEET;
THENCE S51"35'18"W, A DISTANCE OF 35.00 FEET;
THENCE S17'05'18"W, A DISTANCE OF 86.00 FEET;
THENCE S56'26'03"W, A DISTANCE OF 64.31 FEET;
THENCE S80'25'18"W, A DISTANCE OF 13.00 FEET;
THENCE S00'06'34"E, A DISTANCE OF 3.30 FEET;
THENCE S80'23'26"W, A DISTANCE OF 19.18 FEET THE EASTERLY LINE OF THE WHEAT RIDGE GROUP SUBDIVISION;
THENCE S00'06'34"E ALONG SAID EASTERLY LINE, A DISTANCE OF 293.29 FEET TO THE NORTHERLY ROW LINE OF WEST 38TH AVENUE;
THENCE N89'12'50"E ALONG SAID NORTHERLY LINE, A DISTANCE OF 145.27 FEET;
THENCE N00'04'42"W ALONG SAID NORTHERLY LINE, A DISTANCE OF 0.50 FEET;
THENCE N89'12'50"E ALONG SAID NORTHERLY LINE, A DISTANCE OF 129.37 FEET;
THENCE NORTHEASTERLY ALONG A CURVE CONCAVE TO THE NORTHWEST (SAID CURVE HAVING A
RADIUS OF 29.00 FEET, A DELTA ANGLE OF 89'17'32", A CHORD BEARING N44'34'04"E, 40.76
FEET), AN ARC LENGTH OF 45.19 FEET TO THE TRUE POINT OF BEGINNING.
AND HAVE LAID OUT, SUBDIVIDED AND PLATTED SAID LAND AS PER THE DRAWING HEREON CONTAINED UNDER THE NAME UNDER THE NAME AND STYLE OF EQUINOX SUBDIVISION FILING NO. 1, A SUBDIVISION OF A PART OF THE CITY OF WHEAT RIDGE, COLORADO AND BY THESE PRESENTS
DO DEDICATE TO THE CITY OF WHEAT RIDGE AND THOSE MUNICIPALLY OWNED AND/OR MUNICIPALLY FRANCHISED UTILITIES AND SERVICES THOSE PORTIONS OF SAID REAL PROPERTY SHOWN AS EASEMENTS FOR THE CONSTRUCTION, INSTALLATION, OPERATION, MAINTENANCE, REPAIR AND REPLACEMENT FOR ALL SERVICES. THIS INCLUDES BUT IS NOT LIMITED TO TELEPHONE AND ELECTRIC LINES, GAS LINES, WATER AND SANITARY SEWER LINES, HYDRANTS, STORM WATER SYSTEMS AND PIPES, DETENTION PONDS, STREET LIGHTS AND ALL APPURTENANCES THERETO.
EQUINOX SUBDIVISION FILING NO. 1
A PORTION OF THE SE 1/ 4 OF SECTION 21, TOWNSHIP 3 SOUTH,
RANGE 69 WEST OF THE 6TH P.M., CITY OF WHEAT RIDGE,
COUNTY OF JEFFERSON, STATE OF COLORADO
SHEET 1 OF 2
I
CLEAR CREEK
W36THAVE.
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VICINITY MAP
NOTTO SCALE
W41STAVE.
W38THAVE.
W37THAVE.
W36THA
OWNER: CIRCLE K STORES INC., A TEXAS CORPORATION (LOT 1)
BY: ______________________ , AS: REAL ESTATE DIRECTOR TIM PETERS
STATE OF
COUNTY OF ______ _
)
) ss
)
ENA GULCH
THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS BY TIM PETERS, AS REAL ESTA TE DIRECTOR. ____ DAY OF _____ , A.O. 20
WITNESS MY HAND AND OFFICIAL SEAL. MY COMMISSION EXPIRES:
NOTARY PUBLIC
OWNER: EQUINOX PROPERTIES, LLC, A COLORADO LIMITED LIABILITY COMPANY (LOT 2 AND TRACT A)
BY: ___________________ , AS: MANAGING MEMBER CRAIG S. KINARD
STATE OF COLORADO
COUNTY OF JEFFERSON
)
) ss
)
THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS BY CRAIG S. KINARD, AS MANAGING MEMBER.
WITNESS MY HAND AND OFFICIAL SEAL. MY COMMISSION EXPIRES:
NOTARY PUBLIC
EASEMENT NOTES:
____ DAY OF _____ , A.O. 20
1.PURSUANT TO THAT CERTAIN RECIPROCAL EASEMENT AGREEMENT BY AND BETWEEN THE OWNERSHEREOF RECORDED WITH THE CLERK AND RECORDER OF THE COUNTY OF JEFFERSON, STATE OFCOLORADO, AT RECEPTION NO. --------------------THE STORMWA TER QUALITY AREA SHOWNAS TRACT A SHALL BE CONSTRUCTED AND MAINTAINED BY THE OWNER AND SUBSEQUENT OWNERS,HEIRS, SUCCESSORS AND ASSIGNS. IN THE EVENT THAT SUCH CONSTRUCTION AND MAINTENANCE IS NOTPERFORMED BY SAID OWNER, THE CITY OF WHEAT RIDGE SHALL HAVE THE RIGHT TO ENTER SUCH AREAAND PERFORM NECESSARY WORK, THE COST OF WHICH SAID OWNER, HEIRS, SUCCESSORS, AND ASSIGNSAGREES TO PAY. NO BUILDING OR STRUCTURE WILL BE CONSTRUCTED IN THE DETENTION AREA AND NOCHANGES OR ALTERATIONS AFFECTING THE HYDRAULICCHARACTERISTICS OF THE DETENTION AREA WILL BE MADE WITHOUT THE APPROVAL OF THE DIRECTOROF PUBLIC WORKS. TRACT A IS FULLY ENCUMBERED BY A DRAINAGE EASEMENT TO THE BENEFIT OF THECITY OF WHEAT RIDGE.
2.PURSUANT TO THAT CERTAIN RECIPROCAL EASEMENT AGREEMENT BY AND BETWEEN THE OWNERSHEREOF RECORDED WITH THE CLERK AND RECORDER OF THE COUNTY OF JEFFERSON, STATE OF
COLORADO, AT RECEPTION NO. --------------------THE OWNER(S) OF LOT 1 AND 2 ANDTRACT A, AND HIS SUCCESSORS AND ASSIGNS, GRANTS LIMITED RIGHTS AND PRIVILEGES TO ACCESSAND UTILITIES AND TO FREE MOVEMENT THROUGH THOSE AREAS INDICATED AS ACCESS AND UTILITYEASEMENTS, AS ILLUSTRATED UPON THIS PLAT. SUCH GRANT OF EASEMENT SHALL BE LIMITED TO THEOWNERS, TENANTS, CUSTOMERS, AND GUESTS OF THE OWNERS, AND SHALL FURTHERMORE GRANTACCESS TO AND FREE MOVEMENT THROUGH SAID EASEMENTS TO THOSE ENTERING SAID EASEMENTS
FROM SIMILARLY RECORDED EASEMENTS FROM ADJACENT PROPERTIES AND/OR FROM ABUTTING PUBLICSTREETS. NOTWITHSTANDING THE PREVIOUS LIMITATIONS, ACCESS EASEMENTS SHALL ALSO BE FOR THEPURPOSE OF EMERGENCY ACCESS AND VEHICLES AND SHALL BE KEPT FREE FROM OBSTRUCTION.
3.TEMPORARY CONSTRUCTION AND PERMANENT STORM WATER EASEMENTS WILL BE OBTAINED BY
SEPARATE DOCUMENT FROM JEFFERSON COUNTY AND/OR THE CITY OF WHEAT RIDGE FOR THE AREAADJACENT TO AND OUTSIDE OF THE SUBDIVISION BOUNDARY AS PLATTED HEREIN ..
GENERAL NOTES:
1.NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANYDEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAYANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROMTHE DATE OF THE CERTIFICATE SHOWN HEREON.
2.THIS SURVEY DOES NOT CONSTITUTE A TITLE SEARCH BY RUBINO SURVEYING TO DETERMINE OWNERSHIP OREASEMENTS OF RECORD, RIGHT OF WAY OR TITLE OF RECORD. RUBINO SURVEYING RELIED UPON LAND TITLEGUARANTEE COMPANY, COMMITMENT NO. ABN70490394, EFFECTIVE APRIL 13, 2016.
3.THE BASIS OF BEARINGS IS THE SOUTH LINE OF THE SOUTHEAST 1 /4 OF SECTION 21 ASSUMED TO BEAR
S89'12'5o"w PER THE CURRENT CITY DATUM BETWEEN MONUMENTS FOUND AND DESCRIBED HEREON. THEBASIS OF BEARINGS ALONG WITH NOTES 8, 9, 10 AND 11 WERE SUPPLIED FROM THE CITY AND THE DA TADESCRIBED THEREIN WAS NOT VERIFIED BY THIS SURVEY. THIS SURVEY IS CONSISTENT WITH THE CURRENTCITY DATUM AS SUPPLIED BY THE CITY.
4.THE LINEAL UNITS SHOWN HEREON ARE BASED ON THE US SURVEY FOOT.
5.ALL EASEMENTS SHOWN ON THE "EXISTING CONDITIONS" PORTION OF THIS PLAT ARE HEREBY REMOVED,TERMINATED AND EXTINGUISHED BY THIS PLAT.
6.UNLESS OTHERWISE NOTED, ALL EXISTING LOT LINES SHALL BE REMOVED UPON RECORDATION OF THISPLAT.
7.THIS PLAT WILL NOT BE APPROVED AT PUBLIC HEARING AND RIGHT-OF-WAY DEDICATION WILL OCCUR BYSEPARATE INSTRUMENT.
8.ALL DISTANCES ON THIS PLAT ARE SHOWN USING (GROUND) MODIFIED STATE PLANE MEASUREMENTS (U.S.
SURVEY FEET ROUNDED TO THE NEAREST 0.01') CONSISTENT WITH THE CURRENT CITY DATUM, AND THEFOLLOWING DA TUM INFORMATION IS SHOWN ON THE FINAL AS PROPOSED CONDITIONS:
A.THE CURRENT CITY DATUM COORDINATE SYSTEM IS A GROUND-BASED MODIFIED FORM OF THE NAD83/92STATE PLANE COORDINATE SYSTEM, COLORADO CENTRAL ZONE 502.
B.VERTICAL DATUM USED IS THE NORTH AMERICAN VERTICAL DATUM OF 1988 (NAVD88).
C.GROUND TO GRID SCALE FACTOR IS 0.9974780300, SCALED FROM BASE POINT PHAC 1 (PERMANENT HIGH
ACCURACY CONTROL POINT #1) HAVING THE FOLLOWING NAD83/92 STA TE PLANE COORDINATES:PHAC 1: NORTHING 1701258. 75, EASTING 3118217.58, ELEVATION: 5471.62.
9.THE GEODETIC POINT COORDINATE DATA SHOWN HEREIN HAS BEEN DERIVED FROM THE NAD 83 HARNSTATE PLANE COLORADO FIPS 0502 COORDINATE SYSTEM, HAS A HORIZONTAL ACCURACY CLASSIFICATION OF0.07 U.S. SURVEY FEET AT THE 95% CONFIDENCE LEVEL, AS DEFINED IN THE GEOSPATIAL POSITIONING
ACCURACY STANDARDS OF THE FEDERAL GEODETIC CONTROL SUBCOMMITTEE FGDC-STD-007.2-1998)
10.CITY MONUMENT #15409 NORTHING: 705773.73, EASTING: 110511.46
11.CITY MONUMENT #15309 NORTHING: 705737.48, EASTING: 107869.65
SURVEYOR'S CERTIFICATE:
I, ROBERT J. RUBINO, DO HEREBY CERTIFY THAT THE SURVEY OF THE BOUNDARY OF EQUINOX SUBDIVISION FILING NO. 1, WAS MADE BY ME OR UNDER MY DIRECT SUPERVISION AND TO THE BEST OF MY KNOWLEDGE, INFORMATION AND BELIEF, IN ACCORDANCE WITH ALL APPLICABLE COLORADO STATUTES, CURRENT REVISED EDITION AS AMENDED, THE ACCOMPANYING PLAT ACCURATELY REPRESENTS SAID SURVEY
ROBERT J. RUBINO, PLS 14142
CITY CERTIFICATION:
APPROVED THIS WHEAT RIDGE.
ATTEST
CITY CLERK
_____ DAY OF
COMMUNITY DEVELOPMENT DIRECTOR
DIRECTOR OF PUBLIC WORKS
_________ BY THE CITY OF
MAYOR
COUNTY CLERK AND RECORDERS CERTIFICATE:
STATE OF COLORADO )
) ss
COUNTY OF JEFFERSON )
I HEREBY CERTIFY THAT THIS PLAT WAS FILED IN THE OFFICE OF THE COUNTY CLERK AND RECORDER OF JEFFERSON
COUNTY AT GOLDEN, COLORADO, AT ____ O'CLOCK_.M. ON THE ____ DAY OF ______ , ______ A.O., IN BOOK ____ , PAGE ______ , RECEPTION NO. ___________________ _
JEFFERSON COUNTY CLERK AND RECORDER
BY: ____________ _ DEPUTY
CASE HISTORY
MS-16-05 WCP-16-02
16135PLAT DATE OF REVISION: 6 27 17
prepared by: RUBINO SURVEYING 3312 AIRPORT ROAD BOULDER, COLORADO (303)464-9515 80301
EXISTING CONDITIONS
I
PARCEL OF LAND DEDICATED TO THE CITY OF WHEAT RIDGE REC NO. 80035262
LOT 1WHEAT RIDGE RECREATION CENTER SUBDIVISION ZONING C-1
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--PARCEL OF LAND DEDICATED TO THE CITY OF WHEAT RIDGE
\·· REC NO. F0913893
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S48°08'4�"w /R=22_00,23.93 0=111·05'08" L=44.96' CH= N58'23' 48"W
544•54 '24 "W 31. 76'
37.53' ___ ,
R=117.00' 0=18°46'99" L=37.07' CH=S53'59'01 "W 36.92'
EQUINOX SUBDIVISION FILING NO. 1
A PORTION OF THE SE 1/ 4 OF SECTION 21, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH P.M., CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO
SHEET 2 OF 2
·�E 1/4 COR SEC 21T3S R69W, FOUND 3.25" BRASS CAP IN RANGE BOX PLS 15212 LINE TABLE LINE LENGTH BEARING Ll 4.00 S36'00'59"E
AREA TABULATION LOT 1 LOT 2 TRACT A ROW DEDICATED
71,074 SQ. FT.
44,924 SQ. FT. 9,550 SQ. FT. 7,330 SQ. FT.
CURVE C1 C2 C3
LENGTH
17.90 36.78
18.54
CURVE TABLE RADIUS
113. 00
18.00
117. 00
DELTA 9'04'37"
117'05'08" 9'04'38"
CHORD DIRECTION N58'17'51"E S58'23' 48"E S49'13'14"W
PROPOSED CONDITIONS
CHORD
17.88 30. 71
18.52
PARCEL OF LAND DEDICATED TO THE
--STATE HIGHWAY DEPARTMENT PROJ U044-1(3) PARCEL NO 148 BOOK 2070 PAGE 582
TOTAL 132,878 SQ. FT./ 3.0505 ACRES
CITY OF WHEAT RIDGE
\·· .REC NO. F0913893
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L=37.07' R=22.qO ' " CH=S53'45'33"W O= 11 7 Op 08
S47°55'18"W 23.93'
36.92' L=44.96 I CH=N58'37'16"W 37.53' I ( B�:::::::--(
PARCEL OF LAND DEDICATED TO THE CITY OF WHEAT RIDGE REC NO. 80035262
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ROW DEDICATION (BY SEPARATE INSTRUMENT)
LOT 2
44,924 SQ. FT./1.0313 ACRES (EQUINOX PROPERTIES, LLC)
LOT LINE HEREBY CREATED BY THIS PLAT
N89'12'50"E 136.42' S00'4 7'1 O"E
17.50'
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Ol � .. � N89'12'50"E 136.42' "° 37.20' � C'-1 l--��-----:-::-,-;;-:,-------�2:e:54"".°'-21,_· ---------:;;-;:;-;-;;:"--'----::-1 t-rJ N89"12'50"E 291.42' "°
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Attachment 3
ITEM NO: DATE: August 14, 2017 REQUEST FOR CITY COUNCIL ACTION
TITLE: COUNCIL BILL NO. 16-2017 – AN ORDINANCE APPROVING THE REZONING OF PROPERTY LOCATED AT 6025 WEST
40TH AVENUE FROM COMMERCIAL-ONE (C-1) TO
RESIDENTIAL-ONE C (R-1C) (CASE NO. WZ-17-05/SHADOW
HOMES) PUBLIC HEARING ORDINANCES FOR 1ST READING (8/14/2017)
BIDS/MOTIONS ORDINANCES FOR 2ND READING (9/11/2017) RESOLUTIONS QUASI-JUDICIAL: YES NO
_______________________________ _____________________________________ Community Development Director City Manager ISSUE:
The applicant is requesting approval of a zone change from Commercial-One (C-1) to Residential-One C (R-1C) for property located at 6025 W. 40th Avenue. The proposed rezoning area includes two parcels, with a total size of approximately one-third of
an acre. The purpose of the zone change is to bring the property, and its historical use as a residence, into compliance with the zoning regulations. The zone change will also allow for the future construction of an additional home, pending approval of this zone change and an administrative subdivision review.
PRIOR ACTION: Planning Commission heard the request at a public hearing on August 3, 2017, and recommended approval. The staff report and meeting minutes from the Planning Commission meeting will be included with the ordinance for second reading. FINANCIAL IMPACT:
The proposed zone change is not expected to have a direct financial impact on the City. Fees of $865.25 were collected for the review and processing of Case No. WZ-17-05.
Council Action Form – Shadow Homes Rezoning
August 14, 2017
Page 2 BACKGROUND: The property is located at 6025 W. 40th Avenue, just west of Harlan Street, in the northeast
quadrant of the City. The property is currently zoned Commercial-One (C-1) which allows a wide range of commercial uses, such as office, general business, retail sales, and service establishments, which are oriented towards the community or entire region.
The primary structure on the property was built in 1942 and has served as a residence as far back
as City records indicate. Many other properties in the area are zoned commercially, but utilized residentially. These properties were built primarily during two time periods: late 1890s thru early 1900s and the early 1950s. Both periods are prior to the incorporation of the City of Wheat Ridge, and one is prior to the adoption of the original zoning code by Jefferson County in 1941. The
inconsistent zoning is also found in the reverse; a commercial use in the same area is zoned
residential, and was constructed in 1943. This pattern demonstrates the disconnect between land use and zoning that has existed in this isolated part of the City for decades. Surrounding Land Uses
The subject property is zoned Commercial-One (C-1), and surrounding properties, have a mix of
commercial and residential zoning, although predominately residential. To the south and east, is a large area of Residential-Three (R-3) zoned properties, consisting of single-family, duplex, and multi-family development. The neighboring property to the east is currently vacant and zoned Residential-One C (R-1C), the same zone district proposed for the subject property. To the west,
the neighboring property is a single family home zoned C-1, and further west is an area of
Residential-Two (R-2) zoned properties. To the north are more C-1 zoned properties, which are largely utilized for single-family, duplex, and multi-family uses. Current and Proposed Zoning
The proposed zone district, R-1C, is a small-lot, single-family residential zone district. Other
limited uses, such as schools, churches, government buildings, and group homes, are permitted with a Special Use Permit but would require a lot size far larger than the subject parcel. The current zoning, C-1, allows for a wide range of commercial uses, such as offices, general business, retail sales, auto service and other service establishments which are oriented towards the
community or entire region.
A zone change from C-1 to R-1C will bring the property into conformance with its historic and continued use as a residential property. It should be noted that in the C-1 zone district, residential uses are permitted on a very limited basis per section 26-626 of the city code. Existing residential
uses may continue, but new residential uses must be accessory to a commercial use.
The rezoning would allow an additional single-family home to be built, if the zone change is approved by City Council and if an administrative subdivision is approved. The zone change will also provide assurances that the property will not be scraped for a commercial use, as is currently
allowed under the C-1 zoning.
RECOMMENDED MOTION: “I move to approve Council Bill No. 16-2017 an ordinance approving the rezoning of property located at 6025 West 40th Avenue from Commercial-One (C-1) to Residential-One C (R-1C) on
Council Action Form – Shadow Homes Rezoning
August 14, 2017
Page 3 first reading, order it published, public hearing set for Monday, September 11, 2017, at 7 p.m. in
City Council Chambers, and that it take effect 15 days after final publication.”
REPORT PREPARED/REVIEWED BY: Zack Wallace, Planner II Kenneth Johnstone, Community Development Director
Patrick Goff, City Manager
ATTACHMENTS: 1. Council Bill No. 16-2017
ATTACHMENT 1
CITY OF WHEAT RIDGE INTRODUCED BY COUNCIL MEMBER ___________
COUNCIL BILL NO. 16 ORDINANCE NO. _________ Series of 2017 TITLE: AN ORDINANCE APPROVING THE REZONING OF PROPERTY
LOCATED AT 6025 WEST 40TH AVENUE FROM COMMERCIAL-ONE (C-1) TO RESIDENTIAL-ONE C (R-1C) (CASE NO. WZ-17-05 / SHADOW HOMES) WHEREAS, Chapter 26 of the Wheat Ridge Code of Laws establishes
procedures for the City’s review and approval of requests for land use cases; and, WHEREAS, Shadow Homes has submitted a land use application for approval of a zone change to the Residential-One C (R-1C) zone district for property located at 6025 West 40th Avenue; and,
WHEREAS, the City of Wheat Ridge has adopted a comprehensive plan—
Envision Wheat Ridge—which supports opportunities for home ownership and encourages investment in established neighborhoods; and,
WHEREAS, the zone change will align the land use and zoning on the property
and prevent commercial uses in an otherwise established residential neighborhood; and, WHEREAS, the City of Wheat Ridge Planning Commission held a public hearing
on August 3, 2017 and voted to recommend approval of rezoning the property to Residential-One C (R-1C), NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO:
Section 1. Upon application by Shadow Homes for approval of a zone change ordinance from Commercial-One (C-1) to Residential-One C (R-1C) for property located at 6025 W. 40th Avenue, and pursuant to the findings made based on testimony and evidence presented at a public hearing before the Wheat Ridge
City Council, a zone change is approved for the following described land:
Parcel A: That part of the North 1/2 of the NE 1/4 of the S 1/4 of the SW 1/4 of Section 24, Township 3 South, Range 69, West of the 6th P.M., described as follows:
Beginning at the SE corner of the above tract, thence due North 75 feet; thence
at right angles due West 297 feet; thence at right angles due South 75 feet; thence at right angles due East 297 feet to the true point of beginning; except that portion of the above property described in deed recorded in Book 830 at
page 554 in the records of the office of the Clerk and Recorder of Jefferson County, County of Jefferson, State of Colorado.
Parcel B: That part of the North 1/2 of the NE 1/4 of the S 1/4 of the SW 1/4 of Section 24, Township 3, Range 69, West of the 6th P.M., described as follows: Beginning at a point on the North line of said tract, 297 feet West of the NE corner of said
tract; thence South 180 feet to the True Point of Beginning; thence East 25 feet;
thence South 75 feet; thence West 25 feet; thence North 75 feet to the true point of beginning, County of Jefferson, State of Colorado. Parcel C:
That part of the North 1/2 of the NE 1/4 of the S 1/4 of the SW 1/4 of Section 24,
Township 3, Range 69, West of the 6th P.M., described as follows: described as follows, to wit: That portion of the Lot five beginning at a point on the North line of the above described tract, 214 feet West and 180 South of the NE corner of said above described tracts which is the true point of beginning: thence South 75 feet
to a point; thence at right angles West 58 feet to a point; thence at right angles
North 765 feet to a point; thence at right angles East 58 feet to the true point of beginning, County of Jefferson, State of Colorado Section 2. Vested Property Rights. Approval of this zone change does not
create a vested property right. Vested property rights may only arise and accrue
pursuant to the provisions of Section 26-121 of the Code of Laws of the City of Wheat Ridge. Section 3. Safety Clause. The City of Wheat Ridge hereby finds, determines,
and declares that this ordinance is promulgated under the general police power
of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the ordinance bears a rational relation to the
proper legislative object sought to be attained. Section 4. Severability; Conflicting Ordinance Repealed. If any section, subsection or clause of the ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses
shall not be affected thereby. All other ordinances or parts of ordinances in
conflict with the provisions of this Ordinance are hereby repealed. Section 5. Effective Date. This Ordinance shall take effect 15 days after final publication, as provided by Section 5.11 of the Charter.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of __ to __ on this 14th day of August, 2017, ordered it published with Public Hearing and consideration on final passage set for Monday, September 11, 2017 at 7:00 o’clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado, and
that it takes effect 15 days after final publication.
Attachment 1
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by
a vote of _____ to _____, this _____ day of ___________, 2017.
SIGNED by the Mayor on this _______ day of _______________, 2017.
______________________________________
Joyce Jay, Mayor ATTEST:
_______________________________________ Janelle Shaver, City Clerk
Approved as to Form
_______________________________________ Gerald Dahl, City Attorney
1st publication:
2nd publication: Wheat Ridge Transcript: Effective Date:
ITEM NO: DATE: August 14, 2017 REQUEST FOR CITY COUNCIL ACTION
TITLE: COUNCIL BILL NO. 17-2017 – AN ORDINANCE AMENDING SECTION 5-41 OF THE WHEAT RIDGE CODE OF LAWS
CONCERNING BUILDING PERMIT FEES PUBLIC HEARING ORDINANCES FOR 1ST READING (08/14/2017) BIDS/MOTIONS ORDINANCES FOR 2ND READING (08/28/2017) RESOLUTIONS QUASI-JUDICIAL: YES NO
______________________________ ______________________________ City Treasurer City Manager
______________________________ Administrative Services Director ISSUE: An amendment to Section 5-41 of the Building Code is recommended in order to provide clarification on the definition of project valuation. As a result of a protest filed in 2017 with the City Treasurer, staff reviewed the administrative practices used in determining project valuation.
Staff and the City Treasurer proposed amending the current code language to provide greater
clarity for the business community.
PRIOR ACTION: Staff presented the recommended code amendment to City Council at the July 17, 2017, Study Session. Council provided staff with consensus to bring the code amendment forward.
FINANCIAL IMPACT:
None
Council Action Form – Amendment to Section 5-41 Building Permit Fees
August 14, 2017
Page 2 BACKGROUND: A contractor submitted a use tax refund request to the Tax Division for a completed construction
project. Following the long-standing practice established at the direction of a former Community Development Director, Tax Division staff audited the project and valued the completed project based on its contract (or purchase) value. As the refund request was processed, it was discovered that the Building Division uses a different method of project valuation when building plans are
first filed and building permits are issued. The Building Division uses the cost-of-construction
valuation established by the International Construction Code. Either method of valuation can be used, as long as the City’s internal practices and information provided to the public are consistent.
The Tax Division staff conducted a survey of other Colorado cities and found that, out of the 17
respondents, only Greenwood Village and Denver use contract/purchase price to value construction projects. Most jurisdictions use the cost-of-construction valuation method. After considering the data, staff, the City attorney and the treasurer reached a consensus that the
cost-of-construction valuation is consistent with common practice among other cities in
Colorado and is a business-friendly approach. It was also determined that a Code amendment that defines “valuation” and “total value” would provide clarity concerning the City’s valuation method and hopefully avoid future inconsistencies.
Staff and the treasurer recommend amending Section 5-41 of the Code to include a definition of
the terms “valuation” and “total cost” as a matter of clarity, and that cost-of-construction, as set forth in the ICC, be used at the time a construction project permit is issued. RECOMMENDATIONS: Staff recommends approval.
RECOMMENDED MOTION: “I move to approve Council Bill No. 17-2017, an ordinance amending Section 5-41 of the Wheat Ridge Code of Laws concerning building permit fees on first reading, order it published, public
hearing set for Monday, August 28, 2017, at 7 p.m. in the City Council Chambers, and that it
takes effect 15 days after final publication.” Or,
“I move to deny Council Bill No. 17-2017, an ordinance amending Section 5-41 of the Wheat
Ridge Code of Laws concerning building permit fees(s) for the following reason(s) ________ _______________________________________.” REPORT PREPARED/REVIEWED BY: Heather Geyer, Administrative Services Director
Jerry DiTullio, City Treasurer Patrick Goff, City Manager
Council Action Form – Amendment to Section 5-41 Building Permit Fees
August 14, 2017
Page 3 ATTACHMENTS: 1. Ordinance No. 17-2017
2. Building Valuation Data, February 2017
1
CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER ___________
Council Bill No. 17 Ordinance No. _________ Series 2017 TITLE: AN ORDINANCE AMENDING SECTION 5-41 OF THE WHEAT
RIDGE CODE OF LAWS CONCERNING BUILDING PERMIT FEES WHEREAS, the City of Wheat Ridge, Colorado (the “City”), is a Colorado home rule municipality, duly organized and existing pursuant to Section 6 of Article XX of the Colorado Constitution; and
WHEREAS, pursuant to its home rule authority and C.R.S. § 31-15-601, the City, acting through its City Council (the “Council”), possesses the authority to adopt building and fire regulations; and
WHEREAS, pursuant to this authority, the City previously adopted building
and fire regulations, including an administrative and enforcement process related
thereto, codified as Chapter 5 of the Wheat Ridge Code of Laws (“Code”); and WHEREAS, Section 5-41 of the Code addresses building permit fees, which are typically calculated by reference to project “valuation” or “cost”; and
WHEREAS, the Council desires to clarify and codify the manner in which building project valuation and cost shall be calculated by the City, for purposes of permit fee assessment.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Section 5-41 of the Code, concerning building permit fees, is hereby amended as follows:
Sec. 5-41. Fees. (a) All fees related to public works building permit review and processing under this chapter shall be established by Council
resolution. Building permit fees shall not include cost of land or public
improvements associated with purchase of land for construction of the structure. (b) The government of the United States of America, the state of
Colorado and its political subdivisions, the city and all agencies and
departments thereof shall be exempt from the payment of fees for work performed on buildings, structures or utilities owned wholly by such
Attachment 1
2
agencies or departments and devoted exclusively to governmental use.
(c) The fee for a supplementary permit to cover any additional valuation not included in the original permit shall be the difference between the fee paid for the original permit and the fee which would have been required had the original permit included the entire
valuation. (D) PERMIT FEES IMPOSED UNDER THIS CHAPTER THAT RELATE TO “VALUATION,” “TOTAL COST” OR SIMILAR REFERENCE TO THE MONETARY VALUE OF A PROJECT SHALL
BE CALCULATED BY REFERENCE TO THE MOST RECENT
BUILDING VALUATION DATA (BVD) PROMULGATED AND PUBLISHED BY THE INTERNATIONAL CODE COUNCIL (ICC). THE BVD REPRESENTS AVERAGE COSTS-OF-CONSTRUCTION BASED ON TYPICAL CONSTRUCTION METHODS FOR EACH
OCCUPANCY GROUP AND TYPE OF CONSTRUCTION. 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. Section 3. Safety Clause. The City Council hereby finds, determines,
and declares that this Ordinance is promulgated under the general police power
of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the
proper legislative object sought to be attained.
Section 4. Effective Date. This Ordinance shall take effect fifteen (15) days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of ___
to ___ on this 14th day of August, 2017, 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 August 28, 2017, at 7:00 p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado.
READ, PUBLIC HEARING CONDUCTED, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of ___ to ___, this _____ day of ______________, 2017.
3
SIGNED by the Mayor on this _____ day of ____________, 2017.
_________________________ Joyce Jay, Mayor
ATTEST: _________________________
Janelle Shaver, City Clerk
Approved as to Form
_________________________ Gerald E. Dahl, City Attorney First Publication:
Second Publication:
Wheat Ridge Transcript Effective Date:
Building Valuation Data – FEBRUARY 2017
The International Code Council is pleased to provide the following Building Valuation Data (BVD) for its members. The BVD will be updated at six-month intervals, with the next update in August 2017. ICC strongly recommends that all jurisdictions and other interested parties actively evaluate and assess the impact of this BVD table before utilizing it in their current code enforcement related activities.
The BVD table provides the “average” construction costs per square foot, which can be used in determining permit fees for a jurisdiction. Permit fee schedules are addressed in Section 109.2 of the 2015 International Building Code (IBC) whereas Section 109.3 addresses building permit valuations. The permit fees can be established by using the BVD table and a Permit Fee Multiplier, which is based on the total construction value within the jurisdiction for the past year. The Square Foot Construction Cost table presents factors that reflect relative value of one construction classification/occupancy group to another so that more expensive construction is assessed greater permit fees than less expensive construction.
ICC has developed this data to aid jurisdictions in determining permit fees. It is important to note that while this BVD table does determine an estimated value of a building (i.e., Gross Area x Square Foot Construction Cost), this data is only intended to assist jurisdictions in determining their permit fees. This data table is not intended to be used as an estimating guide because the data only reflects average costs and is not representative of specific construction.
This degree of precision is sufficient for the intended purpose, which is to help establish permit fees so as to fund code compliance activities. This BVD table provides jurisdictions with a simplified way to determine the estimated value of a building that does not rely on the permit applicant to determine the cost of construction. Therefore, the bidding process for a particular job and other associated factors do not affect the value of a building for determining the permit fee. Whether a specific project is bid at a cost above or below the computed value of construction does not affect the permit fee because the cost of related code enforcement activities is not directly affected by the bid process and results.
Building Valuation
The following building valuation data represents average valuations for most buildings. In conjunction with IBC Section 109.3, this data is offered as an aid for the building official to determine if the permit valuation is underestimated. Again it should be noted that, when using this data, these are “average” costs based on typical construction methods for each occupancy group and type of construction. The average costs include foundation work, structural and nonstructural
building components, electrical, plumbing, mechanical and interior finish material. The data is a national average and does not take into account any regional cost differences. As
such, the use of Regional Cost Modifiers is subject to the authority having jurisdiction.
Permit Fee Multiplier
Determine the Permit Fee Multiplier:
1.Based on historical records, determine the total annualconstruction value which has occurred within thejurisdiction for the past year.2.Determine the percentage (%) of the building
department budget expected to be provided bybuilding permit revenue.3.
Example
The building department operates on a $300,000 budget, and it expects to cover 75 percent of that from building permit fees. The total annual construction value which occurred within the
jurisdiction in the previous year is $30,000,000.
Permit Fee
The permit fee is determined using the building gross area, the Square Foot Construction Cost and the Permit Fee Multiplier.
Permit Fee = Gross Area x Square Foot Construction Cost X Permit Fee Multiplier
Example
Type of Construction: IIB Area: 1st story = 8,000 sq. ft. 2nd story = 8,000 sq. ft. Height: 2 stories Permit Fee Multiplier = 0.0075
Use Group: B 1.Gross area:Business = 2 stories x 8,000 sq. ft. = 16,000 sq. ft.2.Square Foot Construction Cost:B/IIB = $161.91/sq. ft.3.Permit Fee:Business = 16,000 sq. ft. x $161.91/sq. ft x 0.0075= $19,429
Bldg. Dept. Budget x (%)
Total Annual Construction Value
Permit Fee Multiplier =
$300,000 x 75%
$30,000,000 Permit Fee Multiplier = = 0.0075
Attachment 2
Important Points
• The BVD is not intended to apply to alterations or repairs to existing buildings. Because the scope of alterations or repairs to an existing building varies so greatly, the Square Foot Construction Costs table does not reflect accurate values for that purpose. However, the Square Foot Construction Costs table can be used to determine the cost of an addition that is basically a stand-alone building which happens to be attached to an existing building. In the case of such additions, the only alterations to the existing building would involve the attachment of the addition to the existing building and the openings between the addition and the existing building.
• For purposes of establishing the Permit Fee Multiplier, the estimated total annual construction value for a
given time period (1 year) is the sum of each building’s value (Gross Area x Square Foot Construction Cost)
for that time period (e.g., 1 year).
• The Square Foot Construction Cost does not include the price of the land on which the building is built. The Square Foot Construction Cost takes into account everything from foundation work to the roof structure and coverings but does not include the price of the land. The cost of the land does not affect the cost of related code enforcement activities and is not included in the Square Foot Construction Cost.
Square Foot Construction Costs a, b, c
Group (2015 International Building Code) IA IB IIA IIB IIIA IIIB IV VA VB
A-1 Assembly, theaters, with stage 229.26 221.37 216.01 207.16 194.94 189.29 200.61 178.00 171.48
A-1 Assembly, theaters, without stage 210.11 202.22 196.86 188.01 175.94 170.29 181.46 158.99 152.48
A-2 Assembly, nightclubs 179.28 174.08 169.68 162.81 153.48 149.24 157.08 138.97 134.26
A-2 Assembly, restaurants, bars, banquet halls 178.28 173.08 167.68 161.81 151.48 148.24 156.08 136.97 133.26
A-3 Assembly, churches 212.12 204.22 198.87 190.01 178.14 172.49 183.47 161.20 154.68
A-3 Assembly, general, community halls, libraries, museums 176.94 169.04 162.69 154.83 141.96 137.30 148.28 125.01 119.50
A-4 Assembly, arenas 209.11 201.22 194.86 187.01 173.94 169.29 180.46 156.99 151.48
B Business 182.98 176.21 170.40 161.91 147.69 142.14 155.55 129.66 123.97
E Educational 194.27 187.38 182.00 173.88 162.37 154.12 167.88 141.89 137.57
F-1 Factory and industrial, moderate hazard 109.64 104.60 98.57 94.77 85.03 81.17 90.78 71.30 66.75
F-2 Factory and industrial, low hazard 108.64 103.60 98.57 93.77 85.03 80.17 89.78 71.30 65.75
H-1 High Hazard, explosives 102.63 97.58 92.55 87.75 79.22 74.36 83.76 65.48 N.P.
H234 High Hazard 102.63 97.58 92.55 87.75 79.22 74.36 83.76 65.48 59.94
H-5 HPM 182.98 176.21 170.40 161.91 147.69 142.14 155.55 129.66 123.97
I-1 Institutional, supervised environment 183.95 177.72 172.57 165.30 152.29 148.15 165.39 136.43 132.19
I-2 Institutional, hospitals 307.93 301.16 295.35 286.86 271.68 N.P. 280.50 253.65 N.P.
I-2 Institutional, nursing homes 213.36 206.59 200.78 192.29 179.07 N.P. 185.93 161.04 N.P.
I-3 Institutional, restrained 208.19 201.43 195.62 187.12 174.39 167.85 180.76 156.37 148.68
I-4 Institutional, day care facilities 183.95 177.72 172.57 165.30 152.29 148.15 165.39 136.43 132.19
M Mercantile 133.57 128.37 122.97 117.10 107.27 104.03 111.38 92.75 89.05
R-1 Residential, hotels 185.63 179.39 174.24 166.97 153.72 149.58 167.06 137.86 133.61
R-2 Residential, multiple family 155.74 149.50 144.35 137.09 124.57 120.43 137.17 108.71 104.47
R-3 Residential, one- and two-family d 145.23 141.28 137.64 134.18 129.27 125.87 131.94 120.96 113.85
R-4 Residential, care/assisted living facilities 183.95 177.72 172.57 165.30 152.29 148.15 165.39 136.43 132.19
S-1 Storage, moderate hazard 101.63 96.58 90.55 86.75 77.22 73.36 82.76 63.48 58.94
S-2 Storage, low hazard 100.63 95.58 90.55 85.75 77.22 72.36 81.76 63.48 57.94
U Utility, miscellaneous 78.63 74.24 69.76 66.20 59.84 55.88 63.23 47.31 45.09
a. Private Garages use Utility, miscellaneous b. For shell only buildings deduct 20 percent c. N.P. = not permitted d. Unfinished basements (Group R-3) = $21.00 per sq. ft.