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HomeMy WebLinkAboutCouncil Agenda Packet 01-08-18 AGENDA CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING January 8, 2018 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 November 13, 2017, November 27, 2017 and December 11, 2017: Study Notes of November 20, 2017 and December 4, 2017 PROCLAMATIONS AND CEREMONIES Wheat Ridge High School Poms 4A State Champions 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) Motion to approve payment to Faris Machinery Company of Commerce City, CO, for one 2018 Elgin Pelican Mechanical Street Sweeper with options in a total amount not to exceed $199,705 b) Resolution 07-2018 – granting approval to the Longs Peak Metropolitan District to include additional parcels within its boundaries and to provide service to those parcels CITY COUNCIL AGENDA: January 8, 2018 Page -2- CONCENT AGENDA cont c) Resolution 05-2018 – a Resolution of the Wheat ridge City Council expressing support for the Dream Act of 2017 d) Resolution 04-2018 – approving an Intergovernmental Agreement between the City of Wheat Ridge and the City of Lakewood concerning Forensic Crime Lab and Analyst Services in the amount of $71,200 e) Resolution 06-2018 – approving the 2018 Police Recruit Training Agreement to provide Law Enforcement Academy Training for six Wheat Ridge Police Recruits at the Combined Regional Academy PUBLIC HEARINGS AND ORDINANCES ON SECOND READING 2. Resolution 01-2018– approving a sixty-three lot Subdivision Plat for property zoned Mixed Use Neighborhood (MU-N) at 11818 W. 52nd Avenue (Case No. WS-17- 01/Hance Ranch) 3. Resolution 02-2018 – approving a six-lot Subdivision Plat for property zoned Residential-Two (R-2) at 2850 and 2880 Teller Street (Case No. WS-17-02/Teller Street) 4. Council Bill 20-2017: (Ordinance 1632) – approving a Radio Tower Space License Agreement between the City of Wheat Ridge and DMR Networks, Inc. 5. Resolution 03-2018 – approving a Special Use Permit to allow a major automotive repair facility on property zoned Commercial-One (C-1) located at 11072 W. 44th Ave. and 4380 Pierson Street (Case No. Sup-17-04/Subapros) ORDINANCES ON FIRST READING 6. Council Bill 01-2018 – approving the rezoning of property located on the west side of interstate-70, between approximately 34th Avenue and Clear Creek from Planned Commercial Development (PCD) to Planned Mixed Use Development (PMUD) (Case No. WZ-16-07/Clear Creek Crossing) 7. Council Bill 02-1018 – extending the Temporary Moratorium of the submission, acceptance, processing, and approval of applications and requests for a permit, license land use approval or other approval for a Freestanding Emergency Room Facility 8. Council Bill 03-2018 – amending Chapter 7 of the Wheat Ridge Code of Laws regarding Elections to ensure consistency and compatibility with the Colorado Municipal Election Laws CITY MANAGER’S MATTERS CITY ATTORNEY’S MATTERS ELECTED OFFICIALS’ MATTERS ADJOURN to Special Study Session ITEM NO: DATE: January 8, 2018 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO APPROVE PAYMENT TO FARIS MACHINERY COMPANY OF COMMERCE CITY, COLORADO, FOR ONE 2018 ELGIN PELICAN MECHANICAL STREET SWEEPER WITH OPTIONS IN A TOTAL AMOUNT NOT TO EXCEED $199,705. PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO _______________________________ _____________________________ Public Works Director City Manager ISSUE: Purchase of a 2017 Elgin Pelican-NP, 3-wheel mechanical street sweeper, to replace the existing, high use and obsolete 1999 Elgin Pelican 3-wheel mechanical street sweeper, The total cost of the sweeper with options, including preparation for use, is not to exceed $199,705. PRIOR ACTION: None FINANCIAL IMPACT: Funding for the purchase of the new street sweeper, including options and markings, is available in account 01-303-800-807, Fleet Replacement of the approved 2018 budget. The total cost of the street sweeper is $199,705. The City will be receiving a $75,000 grant, which was awarded to the City in October of 2016 by the Regional Air Quality Council (RAQC), to be used exclusively towards the purchase of the new mechanical street sweeper requested. Council Action Form – Street Sweeper January 8, 2018 Page 2 BACKGROUND: After contacting the two available mechanical street sweeper supply companies located in the Denver area, it was determined the City would best be served by using the National Joint Powers Alliance (NJPA), a cooperative service which performs national research to obtain the best prices. The City of Wheat Ridge has an account with NJPA and has benefitted from utilizing the national agreements on other occasions. Additionally, NJPA satisfies competitive bid process requirements of the City, and is endorsed by the State of Colorado’s purchasing office. Staff also researched other national cooperative organizations and did not find other, comparable awards for a 3-wheel mechanical sweeper given the size, versatility, maneuverability and budgetary requirements. By utilizing NJPA, the appropriately sized 3-wheel street sweeper can be provided by Faris Machinery, a dealer located in Commerce City, Colorado. The existing, obsolete 3-wheel mechanical sweeper will be taken to auction. The existing 3-wheel street sweeper, unit 264 is a 1999 Elgin 3-wheel mechanical sweeper, Pelican model. The original total purchase price was $87,940. The current hour meter reading is approximately 8,500 hours. The City’s current replacement policy for this type of equipment is 10,000 hours and/or 10 years of service. The City vehicle and replacement policy, revised by the City Council in 2011, was utilized to determine replacement eligibility. This policy essentially provides replacement guidelines that consider long-term effective service life and costs for budgeting purposes. Among the guidelines considered are age, high/rising maintenance and repair costs, operating costs, excessive down- time of equipment, parts or service no longer available, poor utilization, updated legal considerations, etc. RECOMMENDATIONS: Staff recommends the purchase of the following vehicle this year: 1. One (1) new model year 2018 Elgin Pelican 3-wheel mechanical street sweeper from Faris Machinery of Commerce City, Colorado, to replace one (1) existing, high use and obsolete Elgin Pelican 3-wheel mechanical street sweeper, unit 264 in the Operations division of the Public Works department. RECOMMENDED MOTION: “I move to approve payment to Faris Machinery Company of Commerce City, Colorado for one 2018 Elgin Pelican 3-wheel street sweeper with options in a total amount not to exceed $199,705.” Or, Council Action Form – Street Sweeper January 8, 2018 Page 3 “I move to deny approval of payment to Faris Machinery Company of Commerce City, Colorado for one 2018 Elgin Pelican 3-wheel street sweeper with options in a total amount not to exceed $199,705 for the following reason(s): _________________________________.” REPORT PREPARED/REVIEWED BY: Greg Knudson, Operations Manager Scott Brink, Public Works Director Jennifer Nellis, Purchasing Agent Patrick Goff, City Manager ATTACHMENT: 1. Faris Machinery Company Quotation ~ 1 ~ November 28, 2017 Mr. Greg Knudson City of Wheat Ridge 11220 West 45th Ave. Wheat Ridge, CO 80033 Dear Greg: We are pleased to quote prices on the following Elgin Pelican NP Street Sweeper based on the NJPA contract #022014-FSC. The unit is equipped as follows: Part Number Description Price 1120847 Elgin Pelican NP Street Sweeper with dual side brooms, high dump hopper, 74 hp John Deere diesel engine, painted white. Additional Equipment to Include: $193,500.00 Air cleaner, two-stage, dry type with restriction indicator Air conditioner Alternator, 120 amp. Anti- siphon water fill Automatic engine shutdown (oil pressure/engine temperature) Automatic pickup in reverse B20 biodiesel compatible Back up alarm, electric Battery, maintenance free Brakes, power Broom, main, hydraulically suspended Broom, main, in cab pressure control Broom, main, prefab, disposable Broom, side broom, hydraulically suspended Broom, side broom, in cab pressure control Bumper pads, front jack Coolant recovery system Doors, see through glass, prop-able Electronic Throttle Engine, hour meter Gauges & Warning lights: engine oil temperature engine oil pressure fuel level ATTACHMENT 1 ~ 2 ~ speedometer & odometer w/trip set Fenders, over front wheels Flushing system for hopper/conveyor Fuel tank, 35 gallons Fuel Water separator with indicator light Heater, pressurizer with filtered air, defroster Hose, hydrant fill, 16’ 8” with coupling Light, spotlight, adjustable, one per side broom Lights, 2 combinations, tail/stop lights Lights, headlights, multiple beam Lights, low water light Low Hydraulic Warning Main broom controls in cab Manuals, operator and parts Mirror, inside rear view Mirrors, outside, front mounted 6” fish eyes Mirrors, outside, front post mounted, west coast type, one each side Parking brake with interlock Rear Camera & in cab monitor Return to sweep feature Seat Belts (both sides for dual) Seats, extra wide cordura suspension seats with arm rests Signals, self-canceling directional with hazard switch Sprung guide wheel, heavy duty Steering wheel, tilt and telescoping Sun visors Tachometer, diesel engine Tires, tubeless radials Tow loops, four Water tank, fill gauge Water tank, molded polyethylene: 220-gallon total nominal capacity Wheels, dual guide Wheels painted grey Window, opening front opera Windshield washer Windshield wipers with intermittent setting Windshield, tinted 0701443 Pelican Operator’s Book N/C 0702261 Pelican Parts Book N/C 0702020 Elgin Safety Book N/C 0702453 Elgin Pelican Service Book $95.00 1120820 Lower Conveyor Roller Flush $495.00 1101320 Two LED Strobe Lights w/Protectors & Flashers $2.215.00 1106698 Greaseable Carbide Dirt Shoes $1,310.00 1101017 Heated Remote Controlled Mirrors $1,240.00 ~ 3 ~ 1101065 Dual Heavy-Duty Limb Guards $2,160.00 1101244 AM/FM/CD Audio System $575.00 1089502 Left Hand Side Broom Tilt w/Indicator $1,875.00 1089503 Right Hand Side Broom Tilt w/Indicator $1,875.00 1088301 Right Hand Bostrom Air Ride Hi-Back Seat $980.00 1089549 Right Hand Lockable Tool Box w/Hose Basket $1,030.00 1101273 LED Stop/Tail/Turn Lights $345.00 FRT-101-010 Freight to Colorado $4,145.00 Total Price FOB Wheat Ridge, Colorado $211,840.00 Less NJPA Discount (6,355.20) Less Faris Machinery Preferred Customer Discount (5,779.80) Total Price FOB Wheat Ridge, CO $199,705.00 Additional Options to Consider: 1103124 Midwest Auto Lube System $6,855.00 1087545 Conveyor Stall Alarm $685.00 1087564 Special Strobe Lights in Battery Box Cover PM-10 Water System $1,110.00 $3,990.00 Special RAL Green Paint $1,265.00 Special Non RAL Green Paint $3,715.00 EW-NP-NA-2PL 2-Year Parts and Labor Warranty $3,115.00 EW-NP-NA-3PL 3-Year Parts and Labor Warranty $4,590.00 Note: All additional options are at the NJPA contract price. Terms: Net 30 days after receipt of the invoice. Delivery: 12 to 14 weeks after receipt of the order. Trade-In: None. Prices are firm until January 12, 2018. Thank you for the opportunity of quoting this equipment. Sincerely FARIS MACHINERY COMPANY ____________________________ Greg Kuch District Manager ~ 4 ~ ITEM NO: DATE: January 8, 2018 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION 07-2018 – A RESOLUTION GRANTING APPROVAL TO THE LONGS PEAK METROPOLITAN DISTRICT TO INCLUDE ADDITIONAL PARCELS WITHIN ITS BOUNDARIES AND TO PROVIDE SERVICE TO THOSE PARCELS PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO ____________________________ __________________________ City Attorney City Manager ISSUE: The City received a request from the Longs Peak Metropolitan District to provide written approval to allow the District to include property previously owned by Jefferson County into the District boundaries and to provide service to that property. Section 3 of the December 11, 2006 IGA between the City and the District requires the District to include within its boundaries any property that it will serve and also requires City approval of any change in boundaries. PRIOR ACTION: City Council approved the Longs Peak Metropolitan District Service Plan on March 13, 2006. BACKGROUND: On December 20, 2004, the City approved an Annexation and Development Agreement for property located west of Interstate 70, south of State Highway 58, north of West 32nd Avenue and east of Eldridge Street among Cabela’s Retail Inc. and Coors Brewing Company. At that time, the Property was expected to be used for business and commercial purposes, including an approximately 200,000 square foot Cabela’s retail store. Council Action Form – Longs Peak Service Plan January 8, 2018 Page 2 Seter & Vander Wall, P.C., representing the owners of this property, filed the Longs Peak Metropolitan District Service Plan with the City on February 21, 2006. Metropolitan districts in Colorado are common tools for financing the public infrastructure portion of large development projects. All special districts in Colorado organized under Title 32 of the Colorado Revised Statutes (C.R.S.) are required to file a service plan with the city council of the municipality in which the district is proposed. The purpose of the District is to provide public infrastructure improvements within and without the Property. The District will acquire and/or design, finance, construct and install public improvements for the use and benefit of the citizens of Wheat Ridge, the District’s taxpayers and owners of the Property, and the public at large, accomplishing these purposes through the issuance and repayment of sales tax and public improvement fee bonds. The approved Service Plan describes and sets forth those powers and authorities the District shall have as allowed by Colorado law. The exercise of such powers, however, will at all times be governed by and subject to the terms of the City IGA. State law allows local governments to exert significant control over the organization and operation of special districts. The service plan approval process is the key to exercising that control. The Cabela’s project did not move forward and Evergreen Devco, Inc. acquired the property owned by Cabela’s in December 2016 with the intent of developing a mixed-use commercial and residential development, including a hospital campus as a major employment anchor. Evergreen also acquired adjacent parcels from Jefferson County after Foothills (Table Mountain) Animal Shelter was decommissioned and moved. These parcels were not originally included in the Longs Peak Metropolitan District Service Plan area and the District is now requesting approval from the City to include these additional parcels within its boundaries and to provide service to those parcels. FINANCIAL IMPACT: The is no direct financial impact to the City of Wheat Ridge authorizing the Longs Peak Metropolitan District to include additional parcels into its boundaries and to provide service to those parcels. RECOMMENDATIONS: Staff recommends approval of this Resolution. RECOMMENDED MOTION: “I move to approve Resolution 07-2018, a resolution granting approval to the Longs Peak Metropolitan District to include additional parcels within its boundaries and to provide service to those parcels.” Or, “I move to table indefinitely Resolution 07-2018, a resolution granting approval to the Longs Peak Metropolitan District to include additional parcels within its boundaries and to provide service to those parcels for the following reason(s) _____________.” _________________________________________ Council Action Form – Longs Peak Service Plan January 8, 2018 Page 3 REPORT PREPARED BY: Patrick Goff, City Manager Jerry Dahl, City Attorney ATTACHMENTS: 1. Resolution 07-2018 2. IGA dated December 11, 2006 CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 07 Series of 2018 TITLE: A RESOLUTION GRANTING APPROVAL TO THE LONGS PEAK METROPOLITAN DISTRICT TO INCLUDE ADDITIONAL PARCELS WITHIN ITS BOUNDARIES AND TO PROVIDE SERVICE TO THOSE PARCELS WHEREAS, The Wheat Ridge City Council approved the service plan for the Longs Peak Metropolitan District on March 13, 2006, and; WHEREAS, the District has requested that the City Council approve an amendment to that plan to permit the district to include additional parcels of real property within its boundaries and to provide service to those parcels; and; WHEREAS, the City Council finds and determines there will be no financial impact to the City as a result of this service plan and boundary change. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows: The amendment to the service plan of the Longs Peak Metropolitan District by the addition of certain parcels of real property within the boundaries of the District and the district’s provision of service to those parcels, in the location shown on the attached Exhibit A, is hereby approved. DONE AND RESOLVED this 8th day of January, 2018. _________________________________ Bud Starker, Mayor ATTEST: _________________________________ Janelle Shaver, City Clerk ATTACHMENT 1 EXHIBIT A Depiction of boundary addition [Attached] Pursuant to Section 3.2 of the Intergovernmental Agreement between the City of Wheat Ridge (“City”) and the Longs Peak Metropolitan District (“District”) dated December 11, 2006, as amended, the City hereby provides its written approval for the District to include into its boundaries and/or provide services to the following parcels (“Parcels”): 1. Parcel ID 39-194-04-006 2. Parcel ID 39-194-04-007 3. Parcel ID 39-203-01-009 4. Parcel ID 39-203-01-008 5. Parcel ID 39-203-01-010 In addition, the City approves an expansion of the District’s Service Area to include the “Addition to Service Area Boundary” as more or less depicted on the map attached to this correspondence as Exhibit A. I N T E R G O V E R N M E N T A L A G R E E M E N T B e t w e e n T H E C I T Y O F W H E A T R I D G E , C O L O R A D O a n d L O N G S P E A K M E T R O P O L I T A N D I S T R I C T T H I S A G R E E M E N T i s e f f e c t i v e t h e 1 1 d a y o f D e c e m b e r , 2 0 0 6 , b y a n d b e t w e e n t h e C I T Y O F W H E A T R I D G E , a h o m e r u l e c i t y o f t h e S t a t e o f C o l o r a d o ( t h e “ C i t y ” ) , a n d L O N G S P E A K M E T R O P O L I T A N D I S T R I C T , a q u a s i - m u n i c i p a l c o r p o r a t i o n a n d p o l i t i c a l s u b d i v i s i o n o f t h e S t a t e o f C o l o r a d o ( t h e “ D i s t r i c t ” ) . T h e C i t y a n d t h e D i s t r i c t a r e c o l l e c t i v e l y r e f e r r e d t o a s t h e P a r t i e s . R E C I T A L S W H E R E A S , t h e D i s t r i c t w a s o r g a n i z e d t o f u r n i s h p u b l i c i n f r a s t r u c t u r e i m p r o v e m e n t s , f a c i l i t i e s a n d s e r v i c e s i n c o n n e c t i o n w i t h t h e d e v e l o p m e n t o f p r o p e r t y a n n e x e d t o t h e C i t y a s t h e “ C a b e l a ’ s / C o o r s / S a l t e r P r o p e r t y A n n e x a t i o n ” ( t h e “ A n n e x a t i o n ” ) u n d e r a n A n n e x a t i o n a n d D e v e l o p m e n t A g r e e m e n t d a t e d D e c e m b e r 2 0 , 2 0 0 4 a m o n g t h e C i t y , C a b e l a ’ s R e t a i l I n c . , a N e b r a s k a c o r p o r a t i o n ( “ C a b e l a ’ s ” ) a n d C o o r s B r e w i n g C o m p a n y , a C o l o r a d o c o r p o r a t i o n ( “ C o o r s ” ) , a n d a m e n d m e n t s t h e r e t o ( c o l l e c t i v e l y t h e “ A n n e x a t i o n A g r e e m e n t ” ) ; a n d W H E R E A S , t h e D i s t r i c t i s a u t h o r i z e d t o e x e r c i s e p o w e r s i n t h e D i s t r i c t ’ s S e r v i c e P l a n a p p r o v e d b y t h e C i t y o n M a r c h 1 3 , 2 0 0 6 ( t h e “ S e r v i c e P l a n ” ) a n d w i t h i n i t s l e g a l b o u n d a r i e s a s n o w o r h e r e a f t e r c o n s t i t u t e d ; a n d W H E R E A S , t h e C i t y a n d t h e D i s t r i c t h a v e d e t e r m i n e d i t t o b e i n t h e b e s t i n t e r e s t s o f t h e i r t a x p a y e r s , r e s i d e n t s a n d p r o p e r t y o w n e r s t o e n t e r i n t o t h i s I n t e r g o v e r n m e n t a l A g r e e m e n t ( “ A g r e e m e n t ” ) , w h i c h i s r e f e r r e d t o i n t h e S e r v i c e P l a n a s t h e “ C i t y I G A , ” t o p r o m o t e t h e c o o r d i n a t e d d e v e l o p m e n t o f t h e A n n e x a t i o n p r o p e r t y a s r e f e r e n c e d i n t h e S e r v i c e P l a n ; N O W , T H E R E F O R E , i n c o n s i d e r a t i o n o f t h e c o v e n a n t s a n d m u t u a l a g r e e m e n t s h e r e i n c o n t a i n e d , a n d f o r o t h e r g o o d a n d v a l u a b l e c o n s i d e r a t i o n , t h e r e c e i p t a n d s u f f i c i e n c y o f w h i c h a r e h e r e b y a c k n o w l e d g e d , t h e P a r t i e s a g r e e : C O V E N A N T S A N D A G R E E M E N T S 1 . C i t y L a n d U s e P o w e r s E x c l u s i v e . T h e C i t y s h a l l h a v e a n d e x e r c i s e s o l e a n d e x c l u s i v e j u r i s d i c t i o n o v e r l a n d u s e a n d b u i l d i n g r e g u l a t i o n ( e . g . , z o n i n g , s u b d i v i s i o n , b u i l d i n g p e r m i t d e c i s i o n s ) w i t h i n t h e b o u n d a r i e s o f t h e D i s t r i c t s u b j e c t t o t h e p r o v i s i o n s o f t h e A n n e x a t i o n A g r e e m e n t . T h e D i s t r i c t s h a l l t a k e n o a c t i o n c o n t r a r y t o s u c h d e c i s i o n s o r o r d e r s o f t h e C i t y . D i s t r i c t p r o j e c t s s h a l l b e s u b j e c t t o C i t y r e g u l a t o r y a u t h o r i t y a s p r o v i d e d b y s t a t e l a w , t h e W h e a t R i d g e C h a r t e r a n d C o d e o f L a w s , a n d c o v e n a n t s , c o n d i t i o n s a n d r e s t r i c t i o n s i m p o s e d b y t h e o w n e r s o f t h e p r o p e r t y i n c l u d e d i n t h e A n n e x a t i o n . 2 . D e f i n i t i o n s . W o r d s a n d p h r a s e s n o t o t h e r w i s e d e f i n e d h e r e i n s h a l l h a v e t h e m e a n i n g a s c r i b e d t o t h e m i n t h e W h e a t R i d g e C o d e o f L a w s . T h e f o l l o w i n g w o r d s a n d p h r a s e s s h a l l h a v e t h e m e a n i n g s s e t f o r t h b e l o w : A T T A C H M E N T 2 “ A c t ” m e a n s t h e S p e c i a l D i s t r i c t A c t , C o l o r a d o R e v i s e d S t a t u t e s 3 2 - 1 - 1 0 1 , e t s e q . “ B o n d I n d e n t u r e s ” a r e t h e a g r e e m e n t s e n t e r e d i n t o b y t h e D i s t r i c t a n d a T r u s t e e p r o v i d i n g t e r m s f o r t h e i s s u a n c e a n d r e p a y m e n t o f t h e B o n d s i n a c c o r d a n c e w i t h t h e t e r m s s e t f o r t h i n t h i s A g r e e m e n t . “ B o n d s ” m e a n s t h e b o n d s i s s u e d b y t h e D i s t r i c t i n a c c o r d a n c e w i t h t h e t e r m s o f t h e A c t , c o n s i s t i n g o f b o t h T a x - F r e e B o n d s , t o t h e g r e a t e s t e x t e n t p o s s i b l e , a n d T a x a b l e B o n d s . “ C D O T ” m e a n s t h e C o l o r a d o D e p a r t m e n t o f T r a n s p o r t a t i o n . “ C a b e l a ’ s ” m e a n s C a b e l a ’ s R e t a i l , I n c . , a N e b r a s k a c o r p o r a t i o n , a n d i t s s u c c e s s o r s o r a s s i g n s . “ C a b e l a ’ s P r o j e c t ” m e a n s , c o l l e c t i v e l y , t h e c o n s t r u c t i o n a n d o p e r a t i o n o f t h e C a b e l a ’ s S t o r e a n d o t h e r b u i l d i n g s a n d f a c i l i t i e s w i t h i n t h e D i s t r i c t d e s i g n e d t o a t t r a c t r e t a i l e r s t o t h e C i t y ( t h e “ R e t a i l C e n t e r ” ) . T h e t e r m “ C a b e l a ’ s P r o j e c t ” i n c l u d e s p a r c e l s o f l a n d o w n e d b y C o o r s w i t h i n t h e P r o p e r t y t h a t m a y b e d e v e l o p e d i n t h e f u t u r e ( c o l l e c t i v e l y t h e “ C o o r s P a r c e l s ” ) . T h e C a b e l a ’ s S t o r e , t h e R e t a i l C e n t e r a n d t h e C o o r s P a r c e l s c o n s t i t u t e t h e “ C a b e l a ’ s P r o j e c t , ” a l l a s s h o w n o n E x h i b i t 1 . “ C a b e l a ’ s S t o r e ” m e a n s a n a p p r o x i m a t e l y 2 0 0 , 0 0 0 s q u a r e f o o t r e t a i l f a c i l i t y o n t h e P r o p e r t y t o b e c o n s t r u c t e d , o w n e d a n d o p e r a t e d b y C a b e l a ’ s , a n d b y t h e D i s t r i c t a s t o a n y P u b l i c F a c i l i t i e s l o c a t e d t h e r e i n . T h e t e r m “ C a b e l a ’ s S t o r e ” d o e s n o t i n c l u d e r e l a t e d p a r k i n g f a c i l i t i e s . “ C o o r s ” m e a n s C o o r s B r e w i n g C o m p a n y , a C o l o r a d o c o r p o r a t i o n . “ P r o p e r t y ” m e a n s t h e a r e a i n c l u d e d w i t h i n t h e l e g a l b o u n d a r i e s o f t h e D i s t r i c t , a s s h o w n o n E x h i b i t 1 . “ P u b l i c F a c i l i t i e s ” a r e o n l y t h o s e p o r t i o n s o f t h e P r o p e r t y a n d t h e C a b e l a ’ s S t o r e t h a t a r e o w n e d b y t h e D i s t r i c t a n d a r e a v a i l a b l e a n d u s e d p r i m a r i l y b y t h e D i s t r i c t a n d t h e p u b l i c a s m u s e u m a n d / o r p u b l i c m e e t i n g s p a c e s . P a r k i n g f a c i l i t i e s , o p e n s p a c e , t r a i l s , b i c y c l e a n d p e d e s t r i a n a r e a s a n d w a y s a r e n o t P u b l i c F a c i l i t i e s . “ P u b l i c I m p r o v e m e n t F e e ” h a s t h e m e a n i n g a s c r i b e d t o i t i n S e c t i o n 7 . “ P u b l i c I m p r o v e m e n t F e e B o n d s ” h a s t h e m e a n i n g a s c r i b e d t o i t i n S e c t i o n 7 . “ P u b l i c I m p r o v e m e n t F e e I m p r o v e m e n t s ” a r e t h o s e P u b l i c I m p r o v e m e n t s l i s t e d o n E x h i b i t 5 , w h i c h i s d e s c r i b e d i n S e c t i o n 4 . 1 . “ P u b l i c I m p r o v e m e n t s ” a r e a l l o f t h e f a c i l i t i e s l i s t e d o n t h e a t t a c h e d E x h i b i t 3 a n d i n c l u d e t h e P u b l i c I n f r a s t r u c t u r e , t h e P u b l i c R o a d w a y I m p r o v e m e n t s a n d t h e P u b l i c F a c i l i t i e s . “ P u b l i c I n f r a s t r u c t u r e ” i n c l u d e s p a r k a n d r e c r e a t i o n f a c i l i t i e s , w a t e r , s a n i t a t i o n a n d u t i l i t y l i n e s a n d f a c i l i t i e s , p a r k i n g f a c i l i t i e s , d r a i n a g e i m p r o v e m e n t s a n d o t h e r P u b l i c I m p r o v e m e n t s t h a t a r e n o t i n c l u d e d w i t h i n P u b l i c R o a d w a y I m p r o v e m e n t s o r P u b l i c F a c i l i t i e s . “ P u b l i c R o a d w a y I m p r o v e m e n t s ” i n c l u d e a n y a c c e s s i n t e r c h a n g e s , r a m p i m p r o v e m e n t s , r o a d 2 w i d e n i n g a n d o t h e r r o a d s o r s t r e e t s d e e m e d r e a s o n a b l y n e c e s s a r y t o i m p r o v e p u b l i c a c c e s s t o t h e P r o p e r t y a n d t h e i r d e s i g n a n d c o n s t r u c t i o n . “ S a l e s T a x B o n d s ” h a s t h e m e a n i n g a s c r i b e d t o i t i n S e c t i o n 6 . “ S a l e s T a x I m p r o v e m e n t s ” m e a n s t h o s e P u b l i c I m p r o v e m e n t s l i s t e d o n E x h i b i t 4 , w h i c h i s m o r e f u l l y d e s c r i b e d i n S e c t i o n 4 . 1 . “ S h a r e d S a l e s T a x ” h a s t h e m e a n i n g a s c r i b e d t o i t i n S e c t i o n 6 . 1 . “ T a x a b l e B o n d s ” m e a n s t h e p o r t i o n o f t h e B o n d s t o b e u s e d f o r a c q u i s i t i o n a n d / o r c o n s t r u c t i o n o f P u b l i c I m p r o v e m e n t s t h a t d o n o t q u a l i f y f o r f u n d i n g b y f e d e r a l t a x - e x e m p t o b l i g a t i o n s u n d e r t h e I n t e r n a l R e v e n u e C o d e . T h e T a x a b l e B o n d s w i l l h a v e a m a t u r i t y n o t t o e x c e e d f o r t y ( 4 0 ) y e a r s , a n d w i l l b e a r i n t e r e s t a t a r a t e o r r a t e s c o n s i s t e n t w i t h t h e l i m i t s s e t f o r t h i n t h i s A g r e e m e n t . “ T a x - F r e e B o n d s ” m e a n s t h e p o r t i o n o f t h e B o n d s t o b e u s e d f o r a c q u i s i t i o n a n d / o r c o n s t r u c t i o n o f P u b l i c I m p r o v e m e n t s t h a t q u a l i f y f o r f u n d i n g b y f e d e r a l t a x - e x e m p t o b l i g a t i o n s u n d e r t h e I n t e r n a l R e v e n u e C o d e . T h e T a x - F r e e B o n d s w i l l h a v e a m a t u r i t y n o t t o e x c e e d t w e n t y - f i v e ( 2 5 ) y e a r s a n d s h a l l b e a r i n t e r e s t a t a r a t e o r r a t e s c o n s i s t e n t w i t h t h e l i m i t s s e t f o r t h i n t h i s A g r e e m e n t . “ T r u s t e e ” m e a n s t h e t r u s t e e a p p o i n t e d t o s e r v e i n s u c h r o l e i n a c c o r d a n c e w i t h t h e B o n d I n d e n t u r e s . “ W h e a t R i d g e C o d e o f L a w s ” m e a n s t h e m u n i c i p a l c o d e a n d o r d i n a n c e s o f t h e C i t y o f W h e a t R i d g e , C o l o r a d o a s a d o p t e d a n d a s a m e n d e d f r o m t i m e t o t i m e b y t h e C o u n c i l . 3 . C h a n g e i n B o u n d a r i e s : S e r v i c e A r e a . 3 . 1 T h e D i s t r i c t m a y i n c l u d e a d d i t i o n a l p r o p e r t y w i t h i n i t s l e g a l b o u n d a r i e s i f s u c h p r o p e r t y i s l o c a t e d w i t h i n t h e S e r v i c e A r e a s h o w n o n t h e m a p a t t a c h e d a s E x h i b i t 2 , a s t h e s a m e m a y b e a m e n d e d i n w r i t i n g b y b o t h P a r t i e s f r o m t i m e t o t i m e , w i t h o u t f u r t h e r a p p r o v a l o r c o n s e n t o f t h e C i t y , p r o v i d e d t h a t s u c h p r o p e r t y i s a l s o w i t h i n t h e c o r p o r a t e l i m i t s o f t h e C i t y . 3 . 2 S u b j e c t t o a p p l i c a b l e p r o v i s i o n s o f s t a t e l a w , i f a n y p e r s o n o w n i n g p r o p e r t y i n t h e S e r v i c e A r e a p e t i t i o n s t h e C i t y f o r a n n e x a t i o n o f s u c h p r o p e r t y , t h e C i t y s h a l l m a k e i t c o n d i t i o n s o f t h e a n n e x a t i o n t h a t : ( i ) t h e p e t i t i o n e r s w i l l , w i t h i n s i x t y ( 6 0 ) d a y s a f t e r t h e e f f e c t i v e d a t e o f t h e a n n e x a t i o n , p e t i t i o n t h e D i s t r i c t f o r i n c l u s i o n i n t o t h e l e g a l b o u n d a r i e s o f t h e D i s t r i c t o f a n y a n n e x e d p r o p e r t y t h a t i s n o t i n c l u d e d i n t h e D i s t r i c t a t t h e t i m e o f a n n e x a t i o n , ( i i ) t h a t t h e p r o p e r t y t o b e a n n e x e d s h a l l b e m a d e s u b j e c t t o t h e P u b l i c I m p r o v e m e n t F e e , a n d ( i i i ) t h a t t h e p r o p e r t y t o b e a n n e x e d s h a l l b e m a d e s u b j e c t t o a l l p r e e x i s t i n g d e b t o f t h e D i s t r i c t . T h e D i s t r i c t w i l l i n t h e e x e r c i s e o f i t s s o u n d d i s c r e t i o n u s e r e a s o n a b l e e f f o r t s c o n s i s t e n t w i t h l a w t o i n c l u d e s u c h p r o p e r t y w i t h i n i t s l e g a l b o u n d a r i e s . T h e i n c l u s i o n o f p r o p e r t y i n t o t h e l e g a l 3 b o u n d a r i e s o f t h e D i s t r i c t , w h i c h p r o p e r t y i s t h e n w i t h i n t h e C i t y b u t n o t w i t h i n t h e S e r v i c e A r e a , t h e e x c l u s i o n o f p r o p e r t y f r o m t h e D i s t r i c t , a n d t h e f u r n i s h i n g o f D i s t r i c t s e r v i c e s o u t s i d e i t s l e g a l b o u n d a r i e s s h a l l b e s u b j e c t t o t h e p r i o r w r i t t e n a p p r o v a l o f t h e C i t y . I n n o e v e n t s h a l l t h e D i s t r i c t i n c l u d e i n t o i t s l e g a l b o u n d a r i e s a n y p r o p e r t y n o t l o c a t e d w i t h i n t h e c o r p o r a t e l i m i t s o f t h e C i t y a t t h e t i m e o f i n c l u s i o n . 3 . 3 A n y c h a n g e i n t h e l e g a l b o u n d a r i e s o f t h e D i s t r i c t t h a t i s c o n s i s t e n t w i t h t h i s S e c t i o n 3 s h a l l n o t c o n s t i t u t e a m a t e r i a l m o d i f i c a t i o n o f t h e S e r v i c e P l a n . 4 . C o n s t r u c t i o n o f P u b l i c I m p r o v e m e n t s . 4 . 1 T h e D i s t r i c t s h a l l a c q u i r e , c o n s t r u c t a n d / o r i n s t a l l a l l o f t h e P u b l i c I m p r o v e m e n t s l i s t e d o n E x h i b i t 4 a t t a c h e d h e r e t o ( t h e “ S a l e s T a x I m p r o v e m e n t s ” ) . T h e D i s t r i c t m a y i n i t s d i s c r e t i o n a c q u i r e , c o n s t r u c t a n d i n s t a l l a n y o r a l l o f t h e P u b l i c I m p r o v e m e n t s s h o w n o n E x h i b i t 5 a t t a c h e d h e r e t o ( t h e “ P u b l i c I m p r o v e m e n t F e e I m p r o v e m e n t s ” ) . T h e D i s t r i c t w i l l d e s i g n a n d b i d c o n s t r u c t i o n c o n t r a c t s f o r , a n d a c c o u n t s e p a r a t e l y f o r a l l c o s t s o f d e s i g n , c o n s t r u c t i o n a n d / o r a c q u i s i t i o n a n d / o r i n s t a l l a t i o n o f S a l e s T a x I m p r o v e m e n t s . T h e D i s t r i c t s h a l l p r o v i d e t h e C i t y w i t h a l l i n v o i c e s a n d s u p p o r t i n g i n f o r m a t i o n , c o n t e m p o r a n e o u s l y w i t h p a y m e n t o f i n v o i c e s f o r t h e S a l e s T a x I m p r o v e m e n t s , t o e n a b l e t h e C i t y t o v e r i f y a l l c o s t s r e l a t e d t o s u c h i m p r o v e m e n t s . 4 . 2 T h e P a r t i e s w i l l w o r k i n g o o d f a i t h w i t h e a c h o t h e r t o e n s u r e t h a t a l l o f t h e P u b l i c I m p r o v e m e n t s a r e a c q u i r e d a n d / o r c o n s t r u c t e d i n a m a n n e r a n d t i m i n g s e q u e n c e t h a t : ( i ) u t i l i z e s r e s o u r c e s i n a l o g i c a l a n d e f f i c i e n t m a n n e r , ( i i ) r n m i m i z e s d e l a y s o n o t h e r p o r t i o n s o f t h e C a b e l a ’ s P r o j e c t , ( i i i ) c o m p l i e s w i t h a l l n e c e s s a r y r e q u i r e m e n t s o f g o v e r n m e n t a l e n t i t i e s w i t h j u r i s d i c t i o n o v e r t h e v a r i o u s a s p e c t s o f t h e P u b l i c I m p r o v e m e n t s ; a n d ( i v ) a l l o w s t h e P a r t i e s t o f u l f i l l t h e i r r e s p e c t i v e o b l i g a t i o n s i n a t i m e l y m a n n e r u n d e r t h i s A g r e e m e n t . 4 . 3 T h e P a r t i e s s h a l l e x e r c i s e t h e i r r e g u l a t o r y p o w e r s t o t h e f u l l e s t e x t e n t p r o v i d e d b y l a w t o r e q u i r e o w n e r s o f P r o p e r t y t o d e d i c a t e a t n o c o s t t o t h e C i t y , t h e D i s t r i c t , o r a n y o t h e r O p e r a t i n g A g e n c y a s d e f m e d i n S e c t i o n 5 b e l o w , a s a p p r o p r i a t e , t h o s e p r o p e r t y i n t e r e s t s o w n e d b y t h e m w h i c h a r e n e c e s s a r y t o a c c o m m o d a t e P u b l i c I m p r o v e m e n t s r e a s o n a b l y r e q u i r e d t o s e r v e s u c h P r o p e r t y . T h e P a r t i e s s h a l l t a k e a n y a c t i o n s d e e m e d r e a s o n a b l y n e c e s s a r y t o c o n s t r u c t t h e P u b l i c R o a d w a y I m p r o v e m e n t s , i n c l u d i n g b u t n o t l i m i t e d t o t h e e x e r c i s e o f p o w e r s o f e m i n e n t d o m a i n o r c o n d e m n a t i o n ( w i t h i n t h e l i m i t s i m p o s e d b y l a w ) f o r r i g h t - o f - w a y o r e a s e m e n t s . T h e D i s t r i c t w i l l r e i m b u r s e t h e C i t y f o r a n y a n d a l l c o s t s i n c u r r e d o r e x p e n d e d b y t h e C i t y i n c o n n e c t i o n w i t h t h e a c q u i s i t i o n o f p r o p e r t y i n t e r e s t s n e c e s s a r y f o r P u b l i c I m p r o v e m e n t s , w h e t h e r b y e m i n e n t d o m a i n o r o t h e r w i s e , i n c l u d i n g p r o c e s s c o s t s a n d c o n s i d e r a t i o n p a i d f o r p r o p e r t y i n t e r e s t s . R e i m b u r s e m e n t s h a l l b e m a d e i n f u l l w i t h i n s i x t y ( 6 0 ) d a y s a f t e r s u b m i t t a l o f t h e C i t y ’ s i n v o i c e f o r s u c h e x p e n s e s , o r u p o n t h e i n i t i a l i s s u e o f a n y B o n d s , w h i c h e v e r o c c u r s l a t e r . S u c h c o s t s s h a l l b e m a d e a p a r t o f t h e c o s t s o f c o n s t r u c t i o n f u n d e d b y t h e B o n d s . C o n c u r r e n t l y w i t h s u c h r e i m b u r s e m e n t , t h e C i t y w i l l t r a n s f e r a n d a s s i g n t o t h e e n t i t y o r a g e n c y t h a t w i l l o w n , o p e r a t e a n d m a i n t a i n t h e s a m e a s s e t f o r t h o n E x h i b i t 6 ( t h e “ O p e r a t i n g A g e n c y ” ) , t h e p r o p e r t y i n t e r e s t s a c q u i r e d b y i t f o r w h i c h p r o p e r t y i n t e r e s t s t h e r e i m b u r s e m e n t i s m a d e . 4 4 . 4 T h e D i s t r i c t ’ s e x e r c i s e o f i t s d i s c r e t i o n t o a c q u i r e , c o n s t r u c t a n d / o r i n s t a l l a n y o r a l l P u b l i c I m p r o v e m e n t F e e I m p r o v e m e n t s s h o w n o n E x h i b i t 5 s h a l l b e s u b j e c t t o t h e p r o v i s i o n s o f t h i s S e c t i o n 4 . 4 . T h e m a x i m u m c a p i t a l e x p e n d i t u r e b y t h e D i s t r i c t f o r t h e c o n s t r u c t i o n o f P u b l i c F a c i l i t i e s w i l l b e : ( i ) o n e h u n d r e d p e r c e n t ( 1 0 0 % ) o f t h e c o s t o f P u b l i c F a c i l i t i e s t h a t c a n b e p r i c e d a s i n d i v i d u a l e x p e n s e i t e m s ; a n d ( i i ) a p r o - r a t a s h a r e o f t h e c o s t o f P u b l i c F a c i l i t i e s t h a t a r e p a r t o f t h e c o n d o m i n i u m r e g i m e a s d e c l a r e d o n t h e P r o p e r t y , w h e r e b y t h e D i s t r i c t w o u l d p a y a p e r c e n t a g e o f s u c h c o s t s i n a n a m o u n t e q u a l t o t h e D i s t r i c t ’ s p e r c e n t a g e o w n e r s h i p o f s a i d i t e m s i n t h e c o n d o m i n i u m r e g i m e ( w h i c h m a y v a r y , d e p e n d i n g u p o n t h e i t e m s i n q u e s t i o n ) . T h e P u b l i c F a c i l i t i e s s h a l l b e a v a i l a b l e f o r u s e b y a l l r e s i d e n t s o f t h e C i t y a n d m e m b e r s o f t h e g e n e r a l p u b l i c , a s t h e D i s t r i c t r e a s o n a b l y d e t e r m i n e s , s u b j e c t t o r e a s o n a b l e f e e s o r c h a r g e s , i f a n y , a s m a y b e i m p o s e d b y t h e D i s t r i c t f r o m t i m e t o t i m e . T h e P u b l i c F a c i l i t i e s w i t h i n t h e C a b e l a ’ s S t o r e s h a l l b e d e s i g n a t e d a s a s e p a r a t e c o n d o m i n i u m u n i t a n d s h a l l b e d e e d e d t o a n d s h a l l b e o w n e d , o p e r a t e d a n d m a i n t a i n e d b y t h e D i s t r i c t . I t i s a n t i c i p a t e d t h a t t h e P u b l i c F a c i l i t i e s w i f i b e e x e m p t f r o m i c i v a l o r e m t a x a t i o n b y v i r t u e o f o w n e r s h i p b y t h e D i s t r i c t . A n y m a n a g e m e n t a g r e e m e n t b e t w e e n t h e D i s t r i c t a n d C a b e l a ’ s f o r t h e P u b l i c F a c i l i t i e s s h a l l b e s u b j e c t t o p r i o r r e v i e w b y t h e C i t y . 4 t h A v e n u e U n d e r p a s s . T h e 4 0 t h A v e n u e U n d e r p a s s i s a P u b l i c I m p r o v e m e n t a n d a p p e a r s i n t h e l i s t o f P u b l i c I m p r o v e m e n t s o n E x h i b i t 4 , a s o n e o f t h e “ S a l e s T a x I m p r o v e m e n t s . ” N o t w i t h s t a n d i n g a n y p r o v i s i o n o f t h i s A g r e e m e n t t o t h e c o n t r a r y , t h e c o s t o f d e s i g n c o n s t r u c t i o n , c o n s t r u c t i o n i n s p e c t i o n a n d c o n t i n g e n c y f o r t h e 4 O ’ A v e n u e U n d e r p a s s s h a l l b e p a i d i n t h e m a n n e r s e t f o r t h i n t h e I n t e r g o v e r n m e n t a l A g r e e m e n t b e t w e e n t h e D i s t r i c t a n d t h e C o l o r a d o D e p a r t m e n t o f T r a n s p o r t a t i o n w i t h r e s p e c t t o s u c h c o n s t r u c t i o n . 4 . 6 I m p r o v e m e n t s t o 4 4 t h a n d Y o u n g f i e l d a n d 3 2 ’ ’ A v e n u e . ( a ) Y o u n g f i e 1 d / 4 4 t A v e n u e . T h e C i t y s h a l l c o n s t r u c t a n d c o m p l e t e i m p r o v e m e n t s t o 4 4 t h A v e n u e / Y o u n g f i e l d , u s i n g C i t y f u n d s , p r i o r t o t h e i s s u a n c e o f t h e C e r t i f i c a t e o f O c c u p a n c y f o r t h e C a b e l a ’ s S t o r e . T h e s e i m p r o v e m e n t s s h a l l i n c l u d e w i d e n i n g Y o u n g f i e l d S t r e e t t o f o u r ( 4 ) l a n e s f r o m 3 8 t 1 A v e n u e t o 4 4 t h A v e n u e , i n c l u d i n g l a n e i m p r o v e m e n t s o n 4 4 ’ ’ A v e n u e f r o m Y o u n g f i e l d S t r e e t t o W a r d R o a d t o p r o v i d e a d o u b l e l e f t t u r n s o u t h b o u n d a t Y o u n g f i e l d . ( b ) 3 2 ’ A v e n u e . T h e C i t y s h a l l c o n t r i b u t e T h r e e M i l l i o n T w o H u n d r e d S i x t y E i g h t T h o u s a n d D o l l a r s ( $ 3 , 2 6 8 , 0 0 0 ) t o t h e c o s t o f c o n s t r u c t i o n o f t h e i m p r o v e m e n t s t o 3 2 A v e n u e , w i t h i n t h i r t y ( 3 0 ) d a y s o f r e c e i p t b y t h e C i t y o f a c o n t r a c t o r ’ s i n v o i c e f r o m t h e M e t r o p o l i t a n D i s t r i c t f o r t h e s a m e . 4 . 7 R e i m b u r s e m e n t o f C D O T D e s i g n . T h e p a r t i e s a c k n o w l e d g e t h a t C D O T w i l l p a r t i c i p a t e i n t h e c o s t o f d e s i g n o f c e r t a i n P u b l i c I m p r o v e m e n t s . T h e D i s t r i c t s h a l l r e i m b u r s e t h e C i t y f o r a n y p o r t i o n o f t h o s e c o s t s p a i d t o C D O T b y t h e C i t y . 4 . 8 O t h e r P u b l i c I m p r o v e m e n t s . T h e D i s t r i c t w i l l n o t , w i t h o u t t h e p r i o r w r i t t e n a p p r o v a l o f t h e C i t y C o u n c i l , i n i t s s o l e a n d u n f e t t e r e d d i s c r e t i o n , u n d e r t a k e t h e a c q u i s i t i o n o r c o n s t r u c t i o n o f a d d i t i o n a l i m p r o v e m e n t s n o t l i s t e d o n E x h i b i t 3 o r t a k e a n y o t h e r a c t i o n t h a t w o u l d o r m i g h t r e a s o n a b l y h a v e a c l a i m u p o n t h e S h a r e d S a l e s T a x o r P u b l i c I m p r o v e m e n t F e e r e v e n u e s , o r t h a t m a y p r o l o n g t h e t i m e w i t h i n w h i c h B o n d s d e p e n d e n t u p o n s u c h r e v e n u e s w i l l b e p a i d . 5 5 . S t a n d a r d s a n d D e d i c a t i o n f o r O p e r a t i o n a n d M a i n t e n a n c e . T h e D i s t r i c t w i l l d e d i c a t e a l l P u b l i c I m p r o v e m e n t s t o t h e e n t i t y o r a g e n c y t h a t w i l l o w n , o p e r a t e a n d m a i n t a i n t h e m ( t h e “ O p e r a t i n g A g e n c y ” ) , a s p r o v i d e d o n E x h i b i t 6 , u p o n c o m p l e t i o n o f e a c h s u c h i m p r o v e m e n t . A l l P u b l i c I m p r o v e m e n t s s h a l l b e c o n s t r u c t e d p u r s u a n t t o t h e s t a n d a r d s a n d s p e c i f i c a t i o n s o f t h e C i t y . T h e D i s t r i c t s h a l l c o n s t r u c t o r i n s u r e c o n s t r u c t i o n o f P u b l i c I m p r o v e m e n t s i n a c c o r d a n c e w i t h t h e s t a n d a r d s o f t h e O p e r a t i n g A g e n c y t o w h i c h t h e y a r e t o b e d e d i c a t e d o r c o n v e y e d . T h e r e q u i r e m e n t s a n d p r o c e s s f o r d e d i c a t i o n o f e a c h P u b l i c I m p r o v e m e n t s h a l l b e g o v e r n e d b y a p p l i c a b l e r u l e s a n d r e g u l a t i o n s o f t h e r e l e v a n t O p e r a t i n g A g e n c y . A l l p u b l i c s t r e e t i m p r o v e m e n t s s h a l l b e s u b j e c t t o t h e o p e r a t i o n a l c o n t r o l a n d j u r i s d i c t i o n o f t h e C i t y a s p u b l i c s t r e e t s a n d s h a l l b e f u l l y a v a i l a b l e a n d a c c e s s i b l e t o a l l m e m b e r s o f t h e p u b l i c , s u b j e c t t o t h e o r d i n a n c e s a n d r e g u l a t i o n s o f t h e C i t y a p p l i c a b l e g e n e r a l l y t o s i m i l a r f a c i l i t i e s t h r o u g h o u t i t s c o r p o r a t e l i m i t s e v e n i f t h e y a r e o w n e d a n d m a i n t a i n e d b y t h e D i s t r i c t . C a b e l a ’ s a n d t h e D i s t r i c t m a y e n t e r i n t o a m a n a g e m e n t a g r e e m e n t u n d e r w h i c h C a b e l a ’ s w i l l a s s u m e c e r t a i n r e s p o n s i b i l i t i e s f o r m a i n t e n a n c e , o p e r a t i o n a n d i m p r o v e m e n t o f t h e P u b l i c F a c i l i t i e s . 6 . S h a r e d S a l e s T a x ; S a l e s T a x B o n d s , S h a r e d U s e T a x . 6 . 1 A s o f J a n u a r y 1 , 2 0 0 6 , t h e C i t y a s s e s s e s a s a l e s t a x a t a r a t e o f t h r e e p e r c e n t ( 3 % ) p u r s u a n t t o t h e p r o v i s i o n s o f C h a p t e r 2 2 o f t h e W h e a t R i d g e C o d e o f L a w s . T h e C i t y ’ s t o t a l s a l e s t a x r e v e n u e s w i l l i n c r e a s e a s a r e s u l t o f t h e d e v e l o p m e n t o f t h e P r o p e r t y . T h e C i t y w i f i s h a r e w i t h t h e D i s t r i c t a p o r t i o n o f t h e s a l e s t a x r e v e n u e s f r o m r e t a i l s a l e s o c c u r r i n g w i t h i n t h e D i s t r i c t ’ s b o u n d a r i e s f o r t h e p u r p o s e o f p a y i n g d e b t s e r v i c e o n t h e S a l e s T a x B o n d s i s s u e d f o r t h e S a l e s T a x I m p r o v e m e n t s l i s t e d i n E x h i b i t 4 . T h e a m o u n t t o b e s h a r e d s h a l l b e t h a t p o r t i o n o f t h e C i t y ’ s s a l e s t a x g e n e r a t e d f r o m r e t a i l s a l e s w i t h i n t h e D i s t r i c t ’ s b o u n d a r i e s a t a r a t e o f o n e a n d t w o - t e n t h s p e r c e n t ( l . 2 / o ) o f t h e a m o u n t o f s u c h r e t a i l s a l e s ( t h e “ S h a r e d S a l e s T a x ” ) f o r a t e r m w h i c h s h a l l c o m m e n c e o n t h e d a t e t h e f i r s t S a l e s T a x B o n d s a r e i s s u e d a n d e x p i r e o n t h e e a r l i e r t o o c c u r o f : Q ) p a y m e n t o f a l l p r i n c i p a l a n d i n t e r e s t o n B o n d s i s s u e d b y t h e D i s t r i c t t o p a y f o r t h e S a l e s T a x I m p r o v e m e n t s ( t h e “ S a l e s T a x B o n d s ” ) o r ( i i ) o n t h e l a s t d a y o f t h e y e a r w h i c h i s t w e n t y - f i v e ( 2 5 ) y e a r s a f t e r t h e d a t e t h e f i r s t S a l e s T a x B o n d s a r e i s s u e d . I n n o e v e n t s h a l l t h e t e r m o f S h a r e d S a l e s T a x e x t e n d l a t e r t h a n t w e n t y - f i v e ( 2 5 ) y e a r s a f t e r t h e d a t e o f t h e f i r s t p a y m e n t o n S a l e s T a x B o n d s . T h e t e r m o f t h e S h a r e d S a l e s T a x e s t a b l i s h e d h e r e b y i s a b s o l u t e a n d s h a l l n o t b e e x t e n d e d f o r a n y r e a s o n , i n c l u d i n g w i t h o u t l i m i t a t i o n e x t e n s i o n o f t h e t e r m o f , o r d e f a u l t i n t h e p a y m e n t o f p r i n c i p a l o r i n t e r e s t o n a n y S a l e s T a x B o n d s . 6 . 2 T h e C i t y ’ s s a l e s t a x r a t e w i t h i n t h e b o u n d a r i e s o f t h e D i s t r i c t s h a l l n o t b e r e d u c e d f o r a n y r e a s o n t o a r a t e l e s s t h a n t h e r a t e o f t h e S h a r e d S a l e s T a x ( l . 2 % ) . 6 . 3 T h e C i t y w i l l a c c o u n t s e p a r a t e l y f o r a l l o f t h e S h a r e d S a l e s T a x u p o n r e c e i p t a n d r e m i t c o l l e c t e d S h a r e d S a l e s T a x t o t h e D i s t r i c t w i t h i n t h i r t y ( 3 0 ) d a y s a f t e r r e c e i p t b y t h e C i t y . A l l r e m i t t a n c e s s h a l l b e m a d e o n l y f r o m t h e S h a r e d S a l e s T a x a c t u a l l y c o l l e c t e d . E x c e p t a s p r o v i d e d i n S e c t i o n 6 . 1 3 ( S h a r e d U s e T a x ) , t h e C i t y s h a l l h a v e n o o b l i g a t i o n t o m a k e p a y m e n t s t o t h e D i s t r i c t f r o m a n y o t h e r r e v e n u e s o u r c e . T h e C i t y ’ s o b l i g a t i o n s u n d e r t h i s S e c t i o n s h a l l b e l i m i t e d t o r e m i t t i n g t h e S h a r e d S a l e s T a x c o l l e c t e d b y i t . T h e C i t y s h a l l n o t h a v e a n y o b l i g a t i o n t o t h e S a l e s 6 T a x B o n d h o l d e r s f o r t h e c o l l e c t i o n o f S h a r e d S a l e s T a x R e v e n u e s , o r f o r p a y m e n t o f t h e S a l e s T a x B o n d s . 6 . 4 T h e C i t y w i l l e n f o r c e a n d c o l l e c t s a l e s t a x e s t o b e s h a r e d p u r s u a n t t o t h i s S e c t i o n t o t h e s a m e e x t e n t i t d o e s s o o u t s i d e t h e D i s t r i c t ’ s b o u n d a r i e s . 6 . 5 W i t h i n o n e h u n d r e d t w e n t y ( 1 2 0 ) d a y s a f t e r t h e e n d o f e a c h C i t y f i s c a l y e a r , t h e C i t y s h a l l d e l i v e r t o t h e D i s t r i c t a s t a t i s t i c a l r e p o r t o f a l l s a l e s t a x e s r e c e i v e d i n s u c h f i s c a l y e a r f r o m t h e s a l e s w i t h i n t h e D i s t r i c t , c l a s s i f i e d t o p r e v e n t t h e i d e n t i f i c a t i o n o f a p a r t i c u l a r r e t u r n o r r e p o r t u n l e s s a w a i v e r o f c o n f i d e n t i a l i t y h a s b e e n o b t a i n e d f r o m a n y i d e n t i f i e d r e t a i l e r . 6 . 6 T h e D i s t r i c t s h a l l h a v e t h e r i g h t t o a u d i t o r c o n t e s t , a t i t s s o l e e x p e n s e , t h e C i t y ’ s c o m p u t a t i o n o f S h a r e d S a l e s T a x . H o w e v e r , u n d e r n o c i r c u m s t a n c e s s h a l l t h e C i t y o r i t s r e p r e s e n t a t i v e b e u n d e r a n y o b l i g a t i o n i n c o n n e c t i o n w i t h s u c h a u d i t t o d i s c l o s e i n d i v i d u a l s a l e s t a x r e t u r n s o r r e p o r t s o r a n y i n f o r m a t i o n o r d o c u m e n t s f r o m w h i c h i n d i v i d u a l s a l e s t a x e s c o u l d b e a s c e r t a i n e d o r d e t e r m i n e d , a s t h e P a r t i e s r e c o g n i z e t h a t s u c h i n d i v i d u a l i z e d i n f o r m a t i o n i s c o n f i d e n t i a l a n d c a n n o t b e d i s c l o s e d u n l e s s a w a i v e r o f c o n f i d e n t i a l i t y h a s b e e n o b t a i n e d f r o m a n y i d e n t i f i e d r e t a i l e r . E x c e p t i n t h e c a s e o f c o n t e s t s f o r w h i c h t h e D i s t r i c t h a s a l l e g e d b r e a c h o f t h i s A g r e e m e n t , a u d i t s s h a l l n o t o c c u r m o r e t h a n o n c e a n n u a l l y a t t h e t i m e t h e C i t y s u b j e c t s i t s r e c o r d s t o a u d i t s r e q u i r e d b y s t a t e l a w . I n c a s e s o f c o n t e s t f o r w h i c h t h e D i s t r i c t h a s a l l e g e d b r e a c h o f t h i s A g r e e m e n t , t h e D i s t r i c t m a y c o n d u c t a n a d d i t i o n a l a u d i t a t i t s e x p e n s e . 6 . 7 W i t h i n o n e h u n d r e d t w e n t y ( 1 2 0 ) d a y s a f t e r t h e e n d o f e a c h f i s c a l y e a r t h e D i s t r i c t s h a l l p r o v i d e t h e C i t y w i t h a f u l l a n d c o m p l e t e a c c o u n t i n g o f t h e e x p e n d i t u r e o f a l l f u n d s r e c e i v e d b y t h e D i s t r i c t u n d e r t h e p r o v i s i o n s o f t h i s S e c t i o n 6 a n d S e c t i o n 7 b e l o w d u r i n g t h e p r e v i o u s f i s c a l y e a r , i n s u f f i c i e n t d e t a i l t o e n a b l e t h e C i t y t o c o n f i r m t h a t a l l e x p e n d i t u r e s w e r e m a d e f o r t h e p u r p o s e s a u t h o r i z e d b y t h i s A g r e e m e n t . 6 . 8 A n y p a y m e n t s b y t h e C i t y u n d e r t h i s S e c t i o n a r e s u b j e c t t o a n n u a l a p p r o p r i a t i o n b y t h e C i t y a c t i n g i n i t s s o l e a n d e x c l u s i v e d i s c r e t i o n ; p r o v i d e d , h o w e v e r , t h a t i t i s t h e p r e s e n t i n t e n t a n d e x p e c t a t i o n o f t h e P a r t i e s t h a t t h e C i t y w i l l i n f a c t m a k e a l l o f t h e p a y m e n t s c o n t e m p l a t e d b y t h i s A g r e e m e n t . T h e C i t y M a n a g e r o r a n y o t h e r o f f i c e r o r e m p l o y e e o f t h e C i t y c h a r g e d w i t h t h e r e s p o n s i b i l i t y f o r f o r m u l a t i n g t h e p r o p o s e d b u d g e t o f t h e C i t y i s h e r e b y d i r e c t e d t o i n c l u d e i n t h e b u d g e t p r o p o s a l s u b m i t t e d t o t h e C i t y C o u n c i l i n e a c h y e a r t h i s A g r e e m e n t i s i n e f f e c t , a m o u n t s s u f f i c i e n t t o p a y t h e S h a r e d S a l e s T a x e s t o t h e D i s t r i c t , t o t h e f u l l e x t e n t t h a t t h e C i t y s h a l l h a v e r e c e i v e d s u c h a m o u n t s o r r e a s o n a b l y a n t i c i p a t e s r e c e i v i n g s u c h a m o u n t s p a y a b l e u n d e r t h i s A g r e e m e n t . I f t h e C i t y d o e s n o t b u d g e t a n d a p p r o p r i a t e s u f f i c i e n t f u n d s f o r a n y p a y m e n t , t h e C i t y s h a l l p r o v i d e p r o m p t w r i t t e n n o t i c e t h e r e o f t o t h e D i s t r i c t . 6 . 9 A s o f t h e d a t e o f t h i s A g r e e m e n t , t h e P a r t i e s b e l i e v e t h a t t h e S a l e s T a x I m p r o v e m e n t s w i l l c o s t T w e n t y T w o M i l l i o n D o l l a r s ( $ 2 2 , 0 0 0 , 0 0 0 ) . A c c o r d i n g l y , t h e D i s t r i c t s h a l l b e a u t h o r i z e d t o i s s u e S a l e s T a x B o n d s i n a n a m o u n t u p t o : T w e n t y T w o M i l l i o n T w o H u n d r e d F i f t y T h o u s a n d D o l l a r s ( $ 2 2 , 2 5 0 , 0 0 0 ) b a s e d o n t h e c u r r e n t c o s t s s e t f o r t h i n E x h i b i t 4 w i t h o u t a n y f u r t h e r a p p r o v a l r e q u i r e d b y t h e C i t y o n s u c h a m o u n t ; a n d ( i i ) u p t o a n a d d i t i o n a l O n e M i l l i o n T w o H u n d r e d F i f t y T h o u s a n d D o l l a r s ( $ 1 , 2 5 0 , 0 0 0 ) ( f o r a t o t a l o f T w e n t y T h r e e M i l l i o n F i v e H u n d r e d T h o u s a n d D o l l a r s ( $ 2 3 , 5 0 0 , 0 0 0 ) o f S a l e s 7 T a x B o n d s ) i f t h e C i t y C o u n c i l f i r s t a p p r o v e s a r e s o l u t i o n t o a u t h o r i z e s u c h a d d i t i o n a l d e b t , w h i c h a c t i o n s h a l l n o t b e d e e m e d a m a t e r i a l m o d i f i c a t i o n o f t h e S e r v i c e P l a n . I s s u a n c e o f S a l e s T a x B o n d s i n a n a g g r e g a t e a m o u n t i n e x c e s s o f T w e n t y T h r e e M i l l i o n F i v e 1 - l u n d r e d T h o u s a n d D o l l a r s ( $ 2 3 , 5 0 0 , 0 0 0 ) s h a l l b e a m a t e r i a l m o d i f i c a t i o n o f t h e S e r v i c e P l a n a n d s h a l l n o t b e u n d e r t a k e n u n l e s s a n d u n t i l s u c h m o d i f i c a t i o n i s a p p r o v e d b y t h e C i t y C o u n c i l p u r s u a n t t o 3 2 - i - 2 0 7 , C . R . S . 6 . 1 0 A l l S a l e s T a x B o n d s s h a l l b e T a x - F r e e B o n d s a n d s h a l l b e i s s u e d u p o n t e r m s , i n c l u d i n g i n t e r e s t r a t e s a n d u n d e n v r i t e r d i s c o u n t , t h a t a r e c o n s i s t e n t w i t h a n d r e f l e c t m a r k e t r a t e s a n d c o n d i t i o n s f o r b o n d s s i m i l a r i n c h a r a c t e r t o t h e S a l e s T a x B o n d s t h e n b e i n g i s s u e d , a t t h e t i m e o f t h e i r i s s u e , a n d t h e t e r m t h e r e o f s h a l l n o t e x c e e d t w e n t y - f i v e ( 2 5 ) y e a r s f r o m t h e d a t e t h e f i r s t B o n d s a r e i s s u e d . 6 . 1 1 T h e p r o c e e d s o f t h e S a l e s T a x B o n d s , n e t o f c o s t s o f i s s u a n c e a n d u n d e n v r i t e r ’ s d i s c o u n t , s h a l l b e u s e d s o l e l y a n d e x c l u s i v e l y t o f u n d t h e a c q u i s i t i o n a n d c o n s t r u c t i o n o f t h e S a l e s T a x I m p r o v e m e n t s d e s c r i b e d o n E x h i b i t 4 . S h a r e d S a l e s T a x s h a l l b e u s e d s o l e l y a n d e x c l u s i v e l y t o p a y p r i n c i p a l a n d i n t e r e s t o n t h e S a l e s T a x B o n d s . T h e D i s t r i c t m a y u s e p r o p e r t y t a x e s a n d o t h e r r e v e n u e s l e g a l l y a v a i l a b l e t o i t , t o p a y S a l e s T a x B o n d s a n d m a y i s s u e g e n e r a l o b l i g a t i o n b o n d s o r a n y o t h e r l a w f u l f o r m o f i n d e b t e d n e s s i n l i e u o f o r i n a d d i t i o n t o S a l e s T a x B o n d s t o f u n d S a l e s T a x I m p r o v e m e n t s . 6 . 1 2 N o t h i n g h e r e i n s h a l l b e c o n s t r u e d t o l i m i t t h e r i g h t o f t h e D i s t r i c t t o i m p o s e o r c o l l e c t , o r c a u s e t o b e i m p o s e d o r c o l l e c t e d , p u b l i c i m p r o v e m e n t f e e s , t a x e s , a s s e s s m e n t s o r s i m i l a r c h a r g e s f o r t h e p u r p o s e o f p r o v i d i n g , o p e r a t i n g o r m a i n t a i n i n g D i s t r i c t f a c i l i t i e s o r s e r v i c e s t o s e r v e t h e P r o p e r t y . 6 . 1 3 S h a r e d U s e T a x . ( a ) A s o f J a n u a r y 1 , 2 0 0 6 , t h e C i t y a s s e s s e s a u s e t a x a t a r a t e o f t h r e e p e r c e n t ( 3 % ) p u r s u a n t t o t h e p r o v i s i o n s o f C h a p t e r 2 2 o f t h e W h e a t R i d g e C o d e o f L a w s . T h e C i t y ’ s t o t a l u s e t a x r e v e n u e s w i l l i n c r e a s e a s a r e s u l t o f t h e d e v e l o p m e n t o f t h e P r o p e r t y . T h e C i t y w i l l s h a r e w i t h t h e D i s t r i c t f i f t y p e r c e n t ( 5 O % ) o f t h e u s e t a x r e v e n u e s r e c e i v e d f r o m t h e i m p o s i t i o n o f s a i d t a x o n b u i l d i n g m a t e r i a l s a n d s u p p l i e s u s e d w i t h i n t h e D i s t r i c t ’ s b o u n d a r i e s ( “ S h a r e d U s e T a x ” ) . S a i d S h a r e d U s e T a x r e v e n u e s s h a l l b e u s e d o n l y f o r t h e p u r p o s e o f p a y i n g d e b t s e r v i c e o n t h e S a l e s T a x B o n d s i s s u e d f o r t h e S a l e s T a x I m p r o v e m e n t s l i s t e d i n E x h i b i t 4 . T h e t e r m o f t h e C i t y ’ s o b l i g a t i o n t o m a k e p a y m e n t o f t h e S h a r e d U s e T a x u n d e r t h i s S e c t i o n 6 . 1 3 s h a l l c o m m e n c e o n t h e d a t e t h e f i r s t S a l e s T a x B o n d s a r e i s s u e d a n d e x p i r e e i g h t ( 8 ) y e a r s t h e r e a f t e r . T h e t e r m o f t h e S h a r e d U s e T a x e s t a b l i s h e d h e r e b y i s a b s o l u t e a n d s h a l l n o t b e e x t e n d e d f o r a n y r e a s o n , i n c l u d i n g w i t h o u t l i m i t a t i o n e x t e n s i o n o f t h e t e r m o f o r d e f a u l t i n t h e p a y m e n t o f p r i n c i p a l o r i n t e r e s t o n a n y S a l e s T a x B o n d s . b ) T h e C i t y ’ s u s e t a x r a t e w i t h i n t h e b o u n d a r i e s o f t h e D i s t r i c t s h a l l n o t b e r e d u c e d f o r a n y r e a s o n t o a r a t e l e s s t h a n t h e r a t e o f t h e S h a r e d S a l e s T a x ( 1 . 2 % ) . ( c ) T h e C i t y w i l l a c c o u n t s e p a r a t e l y f o r a l l o f t h e S h a r e d U s e T a x u p o n r e c e i p t a n d r e m i t c o l l e c t e d S h a r e d U s e T a x t o t h e D i s t r i c t w i t h i n t h i r t y ( 3 0 ) d a y s a f t e r r e c e i p t b y t h e C i t y . A l l 8 r e m i t t a n c e s s h a l l b e m a d e o n l y f r o m t h e S h a r e d U s e T a x a c t u a l l y c o l l e c t e d . T h e C i t y ’ s o b l i g a t i o n s u n d e r t h i s S e c t i o n 6 . 1 3 s h a l l b e l i m i t e d t o r e m i t t i n g t h e S h a r e d U s e T a x c o l l e c t e d b y i t . T h e C i t y s h a l l n o t h a v e a n y o b l i g a t i o n t o t h e S a l e s T a x B o n d h o l d e r s f o r t h e c o l l e c t i o n o f S h a r e d U s e T a x r e v e n u e s , o r f o r p a y m e n t o f t h e S a l e s T a x B o n d s . ( d ) T h e C i t y w i l l e n f o r c e a n d c o l l e c t u s e t a x e s t o b e s h a r e d p u r s u a n t t o t h i s S e c t i o n 6 . 1 3 t o t h e s a m e e x t e n t i t d o e s s o o u t s i d e t h e D i s t r i c t ’ s b o u n d a r i e s . ( e ) W i t h i n o n e h u n d r e d t w e n t y ( 1 2 0 ) d a y s a f t e r t h e e n d o f e a c h C i t y f i s c a l y e a r , t h e C i t y s h a l l d e l i v e r t o t h e D i s t r i c t a s t a t i s t i c a l r e p o r t o f a l l u s e t a x e s r e c e i v e d i n s u c h f i s c a l y e a r f r o m i m p o s i t i o n o f t h e u s e t a x u p o n b u i l d i n g m a t e r i a l s a n d s u p p l i e s w i t h i n t h e D i s t r i c t , c l a s s i f i e d t o p r e v e n t t h e i d e n t i f i c a t i o n o f a p a r t i c u l a r r e t u r n o r r e p o r t u n l e s s a w a i v e r o f c o n f i d e n t i a l i t y h a s b e e n o b t a i n e d f r o m a n y i d e n t i f i e d t a x p a y e r . ( f ) T h e D i s t r i c t s h a l l h a v e t h e r i g h t t o a u d i t o r c o n t e s t , a t i t s s o l e e x p e n s e , t h e C i t y ’ s c o m p u t a t i o n o f S h a r e d U s e T a x . H o w e v e r , u n d e r n o c i r c u m s t a n c e s s h a l l t h e C i t y o r i t s r e p r e s e n t a t i v e b e u n d e r a n y o b l i g a t i o n i n c o n n e c t i o n w i t h s u c h a u d i t t o d i s c l o s e i n d i v i d u a l u s e t a x r e t u r n s o r r e p o r t s o r a n y i n f o r m a t i o n o r d o c u m e n t s f r o m w h i c h i n d i v i d u a l u s e t a x e s c o u l d b e a s c e r t a i n e d o r d e t e r m i n e d , a s t h e P a r t i e s r e c o g n i z e t h a t s u c h i n d i v i d u a l i z e d i n f o r m a t i o n i s c o n f i d e n t i a l a n d c a n n o t b e d i s c l o s e d u n l e s s a w a i v e r o f c o n f i d e n t i a l i t y h a s b e e n o b t a i n e d f r o m a n y i d e n t i f i e d t a x p a y e r . E x c e p t i n t h e c a s e o f c o n t e s t s f o r w h i c h t h e D i s t r i c t h a s a l l e g e d b r e a c h o f t h i s A g r e e m e n t , a u d i t s s h a l l n o t o c c u r m o r e t h a n o n c e a n n u a l l y a t t h e t i m e t h e C i t y s u b j e c t s i t s r e c o r d s t o a u d i t s r e q u i r e d b y s t a t e l a w . I n c a s e s o f c o n t e s t f o r w h i c h t h e D i s t r i c t h a s a l l e g e d b r e a c h o f t h i s A g r e e m e n t , t h e D i s t r i c t m a y c o n d u c t a n a d d i t i o n a l a u d i t a t i t s e x p e n s e . ( g ) A n y p a y m e n t s b y t h e C i t y u n d e r t h i s S e c t i o n 6 . 1 3 a r e s u b j e c t t o a n n u a l a p p r o p r i a t i o n b y t h e C i t y a c t i n g i n i t s s o l e a n d e x c l u s i v e d i s c r e t i o n ; p r o v i d e d , h o w e v e r , t h a t i t i s t h e p r e s e n t i n t e n t a n d e x p e c t a t i o n o f t h e P a r t i e s t h a t t h e C i t y w i l l i n f a c t m a k e a l l o f t h e p a y m e n t s c o n t e m p l a t e d b y t h i s S e c t i o n 6 . 1 3 . T h e C i t y M a n a g e r o r a n y o t h e r o f f i c e r o r e m p l o y e e o f t h e C i t y c h a r g e d w i t h t h e r e s p o n s i b i l i t y f o r f o r m u l a t i n g t h e p r o p o s e d b u d g e t o f t h e C i t y i s h e r e b y d i r e c t e d t o i n c l u d e i n t h e b u d g e t p r o p o s a l s u b m i t t e d t o t h e C i t y C o u n c i l i n e a c h y e a r t h i s A g r e e m e n t i s i n e f f e c t , a m o u n t s s u f f i c i e n t t o p a y t h e S h a r e d U s e T a x e s t o t h e D i s t r i c t , t o t h e f u l l e x t e n t t h a t t h e C i t y s h a l l h a v e r e c e i v e d s u c h a m o u n t s o r r e a s o n a b l y a n t i c i p a t e s r e c e i v i n g s u c h a m o u n t s p a y a b l e u n d e r t h i s S e c t i o n 6 . 1 3 . I f t h e C i t y d o e s n o t b u d g e t a n d a p p r o p r i a t e s u f f i c i e n t f u n d s f o r a n y p a y m e n t , t h e C i t y s h a l l p r o v i d e p r o m p t w r i t t e n n o t i c e t h e r e o f t o t h e D i s t r i c t . 7 . P u b l i c I m p r o v e m e n t F e e s ; P u b l i c I m p r o v e m e n t F e e B o n d s . 7 . 1 T h e o w n e r s o f t h e P r o p e r t y ( t h e “ O w n e r s ” ) h a v e i m p o s e d o r w i l l i m p o s e b y c o v e n a n t o r l e a s e a p u b l i c i m p r o v e m e n t f e e , p a y a b l e t o t h e D i s t r i c t , o f o n e a n d f o u r - t e n t h s p e r c e n t ( 1 . 4 % ) o n t h e a m o u n t o f a l l s a l e s o r o t h e r t r a n s a c t i o n s o c c u r r i n g w i t h i n t h e b o u n d a r i e s o f t h e D i s t r i c t t h a t a r e s u b j e c t t o t h e C i t y S a l e s T a x w h i l e t h e S a l e s T a x B o n d s a r e o u t s t a n d i n g ( t h e “ P u b l i c I m p r o v e m e n t F e e ” ) , a n d o n e a n d s i x - t e n t h s p e r c e n t ( l . 6 % ) o n t h e a m o u n t o f a l l s a l e s o r o t h e r t r a n s a c t i o n s o c c u r r i n g w i t h i n t h e b o u n d a r i e s o f t h e D i s t r i c t t h a t a r e s u b j e c t t o t h e C i t y S a l e s T a x t h e r e a f t e r d u r i n g t h e r e m a i n i n g t e r m o f t h e P u b l i c I m p r o v e m e n t F e e . T h e C i t y ’ s S a l e s T a x w i l l b e c h a r g e d o n t h e c o m b i n e d t o t a l o f t h e s u b j e c t s a l e s t r a n s a c t i o n a n d t h e P u b l i c I m p r o v e m e n t F e e p a y a b l e w i t h r e s p e c t t o s u c h t r a n s a c t i o n . 9 7 . 2 S u b j e c t t o t h e p r o v i s i o n s o f S e c t i o n 8 . 2 b e l o w , t h e P u b l i c I m p r o v e m e n t F e e m a y b e i m p o s e d f o r a t e r m n o t t o e x c e e d f o r t y ( 4 0 ) y e a r s f r o m t h e d a t e o f i s s u a n c e o f t h e f i r s t P u b l i c I m p r o v e m e n t F e e B o n d s . 7 . 3 C o n c u r r e n t l y w i t h t h i s A g r e e m e n t , t h e D i s t r i c t a n d t h e C i t y h a v e e n t e r e d i n t o a P I F C o l l e c t i n g A g e n t A g r e e m e n t p u r s u a n t t o w h i c h t h e D i s t r i c t h a s a p p o i n t e d t h e C i t y a s i t s a g e n t ( “ C o l l e c t i o n A g e n t ” ) t o c o l l e c t t h e P u b l i c I m p r o v e m e n t F e e . A s C o l l e c t i o n A g e n t , t h e C i t y s h a l l c o l l e c t P u b l i c I m p r o v e m e n t F e e r e v e n u e s i n t h e s a m e m a n n e r a s t h e C i t y ’ s S a l e s T a x i s c o l l e c t e d w i t h i n t h e b o u n d a r i e s o f t h e D i s t r i c t . T h e C i t y w i l l n o t b e r e s p o n s i b l e f o r c o l l e c t i o n o f u n p a i d P u b l i c I m p r o v e m e n t F e e r e v e n u e s o r f o r e n f o r c i n g t h e P u b l i c I m p r o v e m e n t F e e c o v e n a n t s . T h e C i t y ’ s r e s p o n s i b i l i t y s h a l l b e l i m i t e d t o r e m i t t i n g P u b l i c I m p r o v e m e n t F e e r e v e n u e a c t u a l l y c o l l e c t e d b y i t t o t h e D i s t r i c t o r t h e T r u s t e e a n d a d v i s i n g t h e D i s t r i c t o f t h e f a i l u r e o f a n y p e r s o n t o p a y s u c h f e e . T h e C i t y s h a l l b e e n t i t l e d t o r e t a i n a p o r t i o n o f t h e P u b l i c I m p r o v e m e n t F e e r e v e n u e r e a s o n a b l y c a l c u l a t e d t o c o v e r t h e C i t y ’ s c o s t o f c o l l e c t i o n a n d r e m i t t a n c e t o t h e D i s t r i c t . T h e C i t y a n d t h e D i s t r i c t w i l l c o o p e r a t e t o d e v e l o p f o r m s a n d p r o c e d u r e s i n t e n d e d t o i m p l e m e n t t h e o r d e r l y a n d u n i n t e r r u p t e d c o l l e c t i o n o f P u b l i c I m p r o v e m e n t F e e r e v e n u e s . P u b l i c I m p r o v e m e n t F e e r e v e n u e s i n t h e h a n d s o f t h e C i t y s h a l l b e d e e m e d f u n d s c o l l e c t e d f o r a n o t h e r g o v e r n m e n t w i t h i n t h e m e a n i n g o f C o b . C o n s t . A r t i c l e X , 2 0 ( 2 ) ( e ) . T h e C i t y o r t h e D i s t r i c t m a y t e r m i n a t e t h e C i t y ’ s s e r v i c e s a s C o l l e c t i o n A g e n t u p o n n o t l e s s t h a n o n e h u n d r e d e i g h t y ( 1 8 0 ) d a y s n o t i c e t o t h e o t h e r p a r t y . 7 . 4 S u b j e c t t o t h e p r o v i s i o n s o f S e c t i o n s 7 . 7 a n d 8 . 2 b e l o w , t h e P u b l i c I m p r o v e m e n t F e e r e v e n u e s s h a l l b e u s e d b y t h e D i s t r i c t t o p a y t h e c o s t s t o a c q u i r e , c o n s t r u c t , i n s t a l l a n d m a i n t a i n t h e P u b l i c I m p r o v e m e n t F e e I m p r o v e m e n t s l i s t e d o n E x h i b i t 5 , f o r w h i c h S h a r e d S a l e s T a x , S h a r e d U s e T a x , a n d t h e p r o c e e d s o f S a l e s T a x B o n d s s h a l l n o t b e u s e d . T h e D i s t r i c t m a y i s s u e T a x - F r e e B o n d s o r T a x a b l e B o n d s t o f i n a n c e t h e c o s t s o f P u b l i c I m p r o v e m e n t s n o t f i n a n c e d w i t h S h a r e d S a l e s T a x ( t h e P u b l i c I m p r o v e m e n t F e e B o n d s ’ t ) . I f t h e P u b l i c I m p r o v e m e n t F e e B o n d s a r e p a i d i n f u l l p r i o r t o t h e S a l e s T a x B o n d s b e i n g p a i d i n f u l l , t h e n t h e P u b l i c I m p r o v e m e n t F e e s h a l l b e u s e d b y t h e D i s t r i c t t o p a y p r i n c i p a l a n d i n t e r e s t o n t h e S a l e s T a x B o n d s . A d d i t i o n a l l y , i f i n a n y f i s c a l y e a r b e f o r e t h e S a l e s T a x B o n d s h a v e b e e n p a i d i n f u l l , P u b l i c I m p r o v e m e n t F e e r e v e n u e s r e c e i v e d b y t h e D i s t r i c t e x c e e d t h e s c h e d u l e d d e b t s e r v i c e o n t h e P u b l i c I m p r o v e m e n t F e e B o n d s f o r s u c h y e a r , t h e D i s t r i c t s h a l l r e m i t t h e e x c e s s P u b l i c I m p r o v e m e n t F e e r e v e n u e s t o t h e T r u s t e e f o r t h e S a l e s T a x B o n d s t o b e a p p l i e d t o t h e p a y m e n t o f p r i n c i p a l a n d i n t e r e s t o n t h e S a l e s T a x B o n d s . S u b j e c t t o t h e f o r e g o i n g a n d t o t h e p r o v i s i o n s o f S e c t i o n s 7 . 7 a n d 8 . 2 , P u b l i c I m p r o v e m e n t F e e r e v e n u e s s h a l l b e u s e d s o l e l y a n d e x c l u s i v e l y t o p a y t h e c o s t s o f t h e P u b l i c I m p r o v e m e n t F e e I m p r o v e m e n t s a n d p r i n c i p a l a n d i n t e r e s t o n t h e P u b l i c I m p r o v e m e n t F e e B o n d s . N e t p r o c e e d s o f t h e P u b l i c I m p r o v e m e n t F e e B o n d s s h a l l b e u s e d s o l e l y a n d e x c l u s i v e l y t o a c q u i r e o r c o n s t r u c t P u b l i c I m p r o v e m e n t s . 7 . 5 A s o f t h e d a t e o f t h i s A g r e e m e n t , t h e P a r t i e s b e l i e v e t h a t t h e P u b l i c I m p r o v e m e n t F e e I m p r o v e m e n t s w i l l c o s t F o r t y E i g h t M i l l i o n F o u r H u n d r e d T h o u s a n d D o l l a r s ( $ 4 8 , 4 0 0 , 0 0 0 ) . T h e D i s t r i c t s h a l l b e a u t h o r i z e d t o i s s u e P u b l i c I m p r o v e m e n t F e e B o n d s i n a n a m o u n t u p t o : ( i ) F o r t y N i n e M i l l i o n T w o H u n d r e d F i f t y T h o u s a n d D o l l a r s ( $ 4 9 , 2 5 0 , 0 0 0 ) b a s e d o n t h e c u r r e n t c o s t s s e t f o r t h i n E x h i b i t 5 w i t h o u t a n y f u r t h e r a p p r o v a l r e q u i r e d b y t h e C i t y o n s u c h a m o u n t ; a n d ( i i ) u p t o a n a d d i t i o n a l T h r e e M i l l i o n T w o H u n d r e d F i f t y T h o u s a n d D o l l a r s ( $ 3 , 2 5 0 , 0 0 0 ) ( f o r a t o t a l o f F i f t y T w o M i l l i o n F i v e H u n d r e d T h o u s a n d D o l l a r s ( $ 5 2 , 5 0 0 , 0 0 0 ) o f P u b l i c I m p r o v e m e n t F e e B o n d s ) i f t h e C i t y C o u n c i l f i r s t a p p r o v e s a r e s o l u t i o n t o 1 0 a u t h o r i z e s u c h a d d i t i o n a l e x p e n d i t u r e s , w h i c h a c t i o n s h a l l n o t b e d e e m e d a m a t e r i a l m o d i f i c a t i o n o f t h e S e r v i c e P l a n . I s s u a n c e o f P u b l i c I m p r o v e m e n t F e e B o n d s i n a n a g g r e g a t e a m o u n t i n e x c e s s o f F i f t y T w o M i i i i o n F i v e H u n d r e d T h o u s a n d D o l l a r s ( $ 5 2 , 5 0 0 , 0 0 0 ) s h a l l b e a m a t e r i a l m o d i f i c a t i o n o f t h e S e r v i c e P l a n a n d s h a l l n o t b e u n d e r t a k e n u n l e s s a n d u n t i l s u c h m o d i f i c a t i o n i s a p p r o v e d b y t h e C i t y C o u n c i l p u r s u a n t t o 3 2 - l - 2 0 7 , C . R . S . 7 . 6 T h e P u b l i c I m p r o v e m e n t F e e B o n d s s h a l l b e i s s u e d u p o n t e r m s , i n c l u d i n g i n t e r e s t r a t e s a n d u n d e n v r i t e r d i s c o u n t , t h a t a r e c o n s i s t e n t w i t h a n d r e f l e c t m a r k e t r a t e s a n d c o n d i t i o n s f o r b o n d s s i m i l a r i n c h a r a c t e r t o t h e P u b l i c I m p r o v e m e n t F e e B o n d s t h e n b e i n g i s s u e d , a t t h e t i m e o f t h e i r i s s u e , a n d t h e t e r m t h e r e o f i n c l u d i n g r e f u n d i n g s , s h a l l n o t e x c e e d f o r t y ( 4 0 ) y e a r s f r o m t h e d a t e t h e f i r s t P u b l i c I m p r o v e m e n t F e e B o n d s a r e i s s u e d . A n y i s s u e o f P u b l i c I m p r o v e m e n t F e e B o n d s p r o p o s e d t o m a t u r e a f t e r t h e m a x i m u m t e r m p r o v i d e d h e r e i n , o r a n y r e f u n d i n g o f P u b l i c I m p r o v e m e n t F e e B o n d s w h i c h e x t e n d s a n y m a t u r i t y b e y o n d s a i d m a x i m u m t e r m , s h a l l b e a m a t e r i a l m o d i f i c a t i o n o f t h e S e r v i c e P l a n a n d s h a l l n o t b e u n d e r t a k e n u n l e s s a n d u n t i l s u c h m o d i f i c a t i o n i s a p p r o v e d b y t h e C i t y C o u n c i l p u r s u a n t t o 3 2 - l - 2 0 7 , C . R . S . P r o c e e d s o f t h e P u b l i c I m p r o v e m e n t F e e B o n d s s h a l l b e u s e d s o l e l y t o f u n d t h e P u b l i c I m p r o v e m e n t F e e I m p r o v e m e n t s l i s t e d o n E x h i b i t 5 . 7 . 7 T h e P u b l i c I m p r o v e m e n t F e e r e v e n u e s s h a l l b e u s e d ( i ) f i r s t t o p a y f o r P u b l i c I m p r o v e m e n t F e e I m p r o v e m e n t s o r p r i n c i p a l a n d i n t e r e s t o n t h e P u b l i c I m p r o v e m e n t F e e B o n d s , ( i i ) s e c o n d t o p a y p r i n c i p a l a n d i n t e r e s t o n t h e S a l e s T a x B o n d s i f r e q u i r e d b y S e c t i o n 7 . 4 ; a n d ( i i i ) t h i r d t o p a y r e a s o n a b l e c o s t s a n d e x p e n s e s o f m a i n t e n a n c e a n d o p e r a t i o n o f P u b l i c I m p r o v e m e n t s a n d D i s t r i c t a d m i n i s t r a t i o n , a f t e r a l l S a l e s T a x B o n d s a n d P u b l i c I m p r o v e m e n t F e e B o n d s h a v e b e e n p a i d i n f u l l . T h e P u b l i c I m p r o v e m e n t F e e m a y c o n t i n u e f o r u p t o f o r t y ( 4 0 ) y e a r s a f t e r t h e i n i t i a l i s s u a n c e o f a n y P u b l i c I m p r o v e m e n t F e e B o n d s , e v e n i f s u c h B o n d s h a v e b e e n p a i d i n f u l l , i n o r d e r t o c o n t i n u e f u n d i n g o n g o i n g o p e r a t i o n a n d m a i n t e n a n c e c o s t s a s s o c i a t e d w i t h t h e P u b l i c I m p r o v e m e n t s . F u r t h e r , i m p o s i t i o n a n d c o l l e c t i o n o f t h e P u b l i c I m p r o v e m e n t F e e m a y b e c o n t i n u e d a n d e x t e n d e d b e y o n d f o r t y ( 4 0 ) y e a r s i n a c c o r d a n c e w i t h t h e p r o v i s i o n s o f S e c t i o n 8 . 2 b e l o w . 8 . W a i v e r o f S a l e s T a x . 8 . 1 I n a d d i t i o n t o s h a r i n g a p o r t i o n o f i t s s a l e s t a x w i t h t h e D i s t r i c t a s p r o v i d e d i n S e c t i o n 6 a b o v e , p r i o r t o t h e o p e n i n g o f t h e C a b e l a ’ s S t o r e t h e C i t y w i l l t a k e t h e n e c e s s a r y a c t i o n t o t e m p o r a r i l y w a i v e e i g h t - t e n t h s ( 0 . 8 ) o f o n e - c e n t o f i t s t h r e e - c e n t s a l e s t a x o n r e t a i l s a l e s t r a n s a c t i o n s w i t h i n t h e P r o p e r t y . U p o n t h e e a r l i e r t o o c c u r o f : ( i ) t h e t e r m d u r i n g w h i c h t h e C i t y h a s a g r e e d t o r e m i t S h a r e d S a l e s T a x t o t h e D i s t r i c t a s p r o v i d e d i n S e c t i o n 6 h a s e x p i r e d , o r ( i i ) t h e S a l e s T a x B o n d s h a v e b e e n p a i d i n f u l l , t h e n i f P u b l i c I m p r o v e m e n t F e e B o n d s a r e t h e n o u t s t a n d i n g t h e C i t y w i l l t a k e t h e n e c e s s a r y a c t i o n t o i n c r e a s e t h e a m o u n t o f i t s s a l e s t a x t h a t i s t e m p o r a r i l y w a i v e d t o o n e c e n t , a n d a t s u c h t i m e t h e P u b l i c I m p r o v e m e n t F e e m a y b e i n c r e a s e d t o 1 . 6 % o n e a n d s i x - t e n t h s p e r c e n t ( l . 6 % ) . U p o n t h e e a r l i e r t o o c c u r o f ( i ) t h e p a y m e n t i n f u l l o f B o n d s i s s u e d t o a c q u i r e a n d / o r c o n s t r u c t a n y o f t h e P u b l i c I m p r o v e m e n t s d e s c r i b e d i n t h i s A g r e e m e n t o r ( i i ) f o r t y ( 4 0 ) y e a r s a f t e r t h e d a t e t h e f i r s t s e r i e s o f B o n d s a r e i s s u e d t o a c q u i r e a n d / o r c o n s t r u c t a n y o f t h e P u b l i c I m p r o v e m e n t s d e s c r i b e d i n t h i s A g r e e m e n t , t h e t e m p o r a r y s a l e s t a x w a i v e r s h a l l c e a s e a n d t h e C i t y s h a l l b e e n t i t l e d t o c o l l e c t t h e f u l l a m o u n t o f i t s s a l e s t a x . T h e w a i v e r o f a p o r t i o n o f t h e C i t y ’ s s a l e s 1 1 t a x a s d e s c r i b e d i n t h i s S e c t i o n 8 i s i n t e n d e d t o b e t e m p o r a r y o n l y a n d n o t a c h a n g e i n t h e C i t y ’ s t a x p o l i c y p u r s u a n t t o a p p l i c a b l e l a w . 8 . 2 I f t h e C i t y i s u n a b l e f o r a n y r e a s o n t o r e m o v e t h e t e m p o r a r y w a i v e r o f a p o r t i o n o f i t s s a l e s t a x a f t e r t h e e x p i r a t i o n o f t h e t e r m t h e r e o f p u r s u a n t t o t h e p r o v i s i o n s o f S e c t i o n 8 . 1 a b o v e , t h e D i s t r i c t s h a l l c o n t i n u e t o i m p o s e a n d c o l l e c t t h e P u b l i c I m p r o v e m e n t F e e f o r s u c h p e r i o d o f t i m e a n d i n s u c h a m o u n t a s i s n e c e s s a r y t o r e i m b u r s e t h e C i t y f o r a n y r e v e n u e l o s t b y t h e C i t y d u e t o t h e t e m p o r a r y w a i v e r o f t h e C i t y s a l e s t a x . I f s u c h c o n t i n u a t i o n b e c o m e s n e c e s s a r y t h e C i t y m a y c o l l e c t , r e t a i n a n d u s e f o r i t s g e n e r a l m u n i c i p a l p u r p o s e s t h a t p o r t i o n o f t h e P u b l i c I m p r o v e m e n t F e e ( w h i c h i s s u f f i c i e n t t o r e p l a c e t h e S a l e s T a x r e v e n u e s t e m p o r a r i l y w a i v e d ) d i r e c t l y f r o m p r o p e r t y o w n e r s a n d t e n a n t s i n t h e D i s t r i c t . T h e D i s t r i c t s h a l l s u p p o r t a n d c o o p e r a t e w i t h t h e C i t y i n t h e i m p o s i t i o n a n d c o l l e c t i o n o f s u c h a m o u n t s , i n c l u d i n g t h e a d o p t i o n a n d e n f o r c e m e n t o f r u l e s a n d r e g u l a t i o n s c o n s i s t e n t w i t h s t a t e l a w t o e f f e c t u a t e t h e i m p o s i t i o n a n d c o l l e c t i o n o f t h e s a i d P u b l i c I m p r o v e m e n t F e e s o n b e h a l f o f t h e C i t y , a s p r o v i d e d i n t h i s S e c t i o n . 8 . 3 T h e C i t y w i l l t a k e t h e a p p r o p r i a t e a c t i o n t o t e m p o r a r i l y w a i v e a n a d d i t i o n a l p o r t i o n o f i t s s a l e s t a x t o t h e e x t e n t n e c e s s a r y t o c a u s e t h e a g g r e g a t e o f a l l s a l e s t a x e s a n d t h e P u b l i c I m p r o v e m e n t F e e s c h a r g e d o n t r a n s a c t i o n s o c c u r r i n g w i t h i n t h e D i s t r i c t ( t h e “ T o t a l P r o j e c t T a x a n d F e e ” ) n o t t o e x c e e d t h e g r e a t e r o f ( i ) e i g h t a n d t r v o - t e n t h s p e r c e n t ( 8 . 2 % ) ; o r ( i i t h e a v e r a g e s a l e s t a x a n d o t h e r f e e s t h e n b e i n g c h a r g e d w i t h i n t h o s e c i t i e s w i t h i n t h e D e n v e r m e t r o p o l i t a n a r e a l i s t e d o n E x h i b i t 7 ( t h e “ C o m p a r a b l e C i t i e s ” ) . F o r e x a m p l e , i f t h e C i t y r a i s e s i t s s a l e s t a x a n a d d i t i o n a l f i v e - t e n t h s p e r c e n t ( O . 5 % ) t o t h r e e a n d f i v e - t e n t h s p e r c e n t ( S . S % ) a n d s u c h C i t y s a l e s t a x w h e n c o m b i n e d w i t h o t h e r s a l e s t a x e s a n d t h e P u b l i c I m p r o v e m e n t F e e e q u a l s e i g h t a n d s e v e n - t e n t h s p e r c e n t ( 8 . 7 % ) a n d t h e a v e r a g e s a l e s t a x e s a n d o t h e r f e e s w i t h i n t h e C o m p a r a b l e C i t i e s i s t h e n s e v e n a n d n i n e - t e n t h s p e r c e n t ( 7 . 9 % ) , t h e C i t y w i l l t e m p o r a r i l y w a i v e t h e a d d i t i o n a l f i v e - t e n t h s p e r c e n t ( O . 5 % ) o f i t s s a l e s t a x s u c h t h a t t h e t o t a l o f t h e s a l e s t a x e s a n d o t h e r f e e s c h a r g e d o n s a l e s w i t h i n t h e P r o p e r t y w i l l b e e i g h t a n d t w o - t e n t h s p e r c e n t ( 8 . 2 / o ) . C o n v e r s e l y , i n t h e e v e n t t h a t t h e a v e r a g e s a l e s t a x a n d o t h e r f e e s b e i n g c h a r g e d b y t h e C o m p a r a b l e C i t i e s ( t h e “ C o m p a r a b l e C i t y A v e r a g e ” ) i n c r e a s e s a b o v e e i g h t a n d t w o - t e n t h s p e r c e n t ( 8 . 2 % ) , t h e C i t y m a y d e c r e a s e i t s w a i v e r o f s a l e s t a x s u c h t h a t t h e T o t a l P r o j e c t T a x a n d F e e e q u a l s t h e C o m p a r a b l e C i t y A v e r a g e . 8 . 4 T h e C i t y a g r e e s t h a t i f i t s s a l e s t a x r a t e i s l o w e r e d a s a r e s u l t o f a c h a n g e i n t h e o v e r a l l t a x s c h e m e o f t h e C i t y , t h e C i t y w i l l , t o t h e e x t e n t p e r m i t t e d b y l a w , r e p l a c e t h e S h a r e d S a l e s T a x t h a t w o u l d h a v e o t h e r w i s e b e e n p a y a b l e u n d e r t h e c u r r e n t t a x s c h e m e . 9 . B o n d s . 9 . 1 T h e m a x i m u m p r i n c i p a l a m o u n t s o f B o n d s s e t f o r t h i n S e c t i o n s 6 . 9 a n d 7 . 5 a r e b a s e d o n a r e a s o n a b l e e s t i m a t e o f t h e c o s t s o f t h e P u b l i c I m p r o v e m e n t s a n d t h e r e v e n u e a v a i l a b l e t o t h e D i s t r i c t t o p a y p r i n c i p a l a n d i n t e r e s t o n t h e B o n d s . T h e B o n d s w i l l b e p a y a b l e f r o m t h e r e v e n u e s p r o v i d e d f o r t h e m i n S e c t i o n s 6 a n d 7 a b o v e a s a v a i l a b l e f r o m y e a r t o y e a r a n d i t s h a l l n o t b e a n e v e n t o f d e f a u l t u n d e r t h e B o n d I n d e n t u r e s o r t h e B o n d s i f s u c h r e v e n u e s a r e i n s u f f i c i e n t t o p a y p r i n c i p a l a n d i n t e r e s t . P r o c e e d s o f t h e B o n d s w i l l b e u s e d b y t h e D i s t r i c t a s p r o v i d e d i n S e c t i o n s 6 . 1 1 a n d 7 . 6 a b o v e . 9 . 2 T h e B o n d I n d e n t u r e s s h a l l r e q u i r e t h e D i s t r i c t t o r e m i t S h a r e d S a l e s T a x , S h a r e d U s e T a x a n d P u b l i c I m p r o v e m e n t F e e r e v e n u e s t o a T r u s t e e w i t h i n t h i r t y ( 3 0 ) d a y s a f t e r s a i d S h a r e d S a l e s T a x e s a n d P u b l i c I m p r o v e m e n t F e e r e v e n u e s a r e r e c e i v e d b y t h e D i s t r i c t f r o m t h e C i t y o r 1 2 a n o t h e r d u l y d e s i g n a t e d c o l l e c t i o n a g e n t . T h e B o n d I n d e n t u r e f o r t h e S a l e s T a x B o n d s w i l l p r o v i d e t h a t t h e T r u s t e e w i l l u t i l i z e S h a r e d S a l e s T a x e s a n d S h a r e d U s e T a x e s t o p a y p r i n c i p a l a n d i n t e r e s t o n t h e S a l e s T a x B o n d s . T h e B o n d I n d e n t u r e f o r t h e P u b l i c I m p r o v e m e n t F e e B o n d s w i l l p r o v i d e t h a t t h e T r u s t e e w i l l u t i l i z e P u b l i c I m p r o v e m e n t F e e r e v e n u e s t o p a y p r i n c i p a l a n d i n t e r e s t o n ( i ) t h e P u b l i c I m p r o v e m e n t F e e B o n d s a n d ( i i ) a s s e t f o r t h i n S e c t i o n s 7 . 4 a n d 7 . 7 , t h e S a l e s T a x B o n d s . C a b e l a ’ s o r i t s a s s i g n s s h a l l n o t b e r e q u i r e d t o g u a r a n t e e p a y m e n t o f a n y o f t h e B o n d s . N o B o n d s i s s u e d b y t h e D i s t r i c t s h a l l b e d e e m e d b o n d s o f t h e C i t y , a n d t h e C i t y s h a l l h a v e n o l i a b i l i t y f o r p a y m e n t o f t h e B o n d s i n d e p e n d e n t o f t h e C i t y ’ s o b l i g a t i o n t o r e m i t S h a r e d S a l e s T a x a n d P u b l i c I m p r o v e m e n t F e e r e v e n u e s a s p r o v i d e d i n a n d s u b j e c t t o t h e l i m i t a t i o n s o f t h i s A g r e e m e n t . 9 . 3 T o t h e g r e a t e s t e x t e n t p o s s i b l e u n d e r f e d e r a l a n d s t a t e l a w , t h e B o n d s i s s u e d b y t h e D i s t r i c t s h a l l b e i s s u e d a s T a x F r e e B o n d s . F i n a l d e t e r m i n a t i o n o f w h i c h B o n d s m a y b e T a x - F r e e B o n d s a n d w h i c h w i l l b e T a x a b l e B o n d s s h a l l r e s t w i t h t h e D i s t r i c t . 9 . 4 T o t h e e x t e n t p e r m i t t e d b y t h e A c t , t h e U n i t e d S t a t e s I n t e r n a l R e v e n u e C o d e o f 1 9 8 6 , a s a m e n d e d , a n d o t h e r a p p l i c a b l e l a w s , r u l e s a n d r e g u l a t i o n s , a l l c o s t s r e l a t i n g t o t h e d e s i g n , a c q u i s i t i o n , c o n s t r u c t i o n a n d i n s t a l l a t i o n o f S a l e s T a x I m p r o v e m e n t s , i n c l u d i n g a c t u a l c o s t s i n c u r r e d b y t h e C i t y f o r i t s r e v i e w a n d a n a l y s i s o f a n d p a r t i c i p a t i o n i n t h e o r g a n i z a t i o n o f t h e D i s t r i c t , a n d p l a n n i n g , f u n d i n g a n d d e v e l o p m e n t o f t h e S a l e s T a x I m p r o v e m e n t s s h a l l b e r e i m b u r s e d b y p r o c e e d s f r o m t h e S a l e s T a x B o n d s , w h e t h e r o r n o t s a i d c o s t s w e r e i n c u r r e d b e f o r e o r a f t e r Q t h e f o r m a t i o n o f t h e D i s t r i c t , o r ( i i ) t h e i s s u a n c e o f t h e B o n d s . 1 0 . M o s q u i t o C o n t r o l a n d T r a n s p o r t a t i o n P o w e r s . T h e S e r v i c e P l a n a u t h o r i z e s t h e D i s t r i c t t o e x e r c i s e m o s q u i t o c o n t r o l a n d t r a n s p o r t a t i o n p o w e r s , b u t d o e s n o t c o n t a i n f a c i l i t i e s d e s c r i p t i o n s o r c o s t e s t i m a t e s . T h e C i t y h a s a n d p e r f o r m s a m o s q u i t o c o n t r o l p r o g r a m g e n e r a l l y t h r o u g h o u t a l l a r e a s o f t h e C i t y , i n c l u d i n g t h e P r o p e r t y . T h e R e g i o n a l T r a n s p o r t a t i o n D i s t r i c t f u r n i s h e s p u b l i c t r a n s p o r t a t i o n s e r v i c e t h r o u g h o u t t h e m e t r o p o l i t a n D e n v e r r e g i o n , a l s o i n c l u d i n g t h e P r o p e r t y . T h e D i s t r i c t s h a l l n o t u n d e r t a k e a m o s q u i t o c o n t r o l o r a t r a n s p o r t a t i o n p r o g r a m w i t h o u t p r i o r a p p r o v a l o f t h e C i t y C o u n c i l , w h i c h a p p r o v a l m a y b e g r a n t e d , a n d e i t h e r o r b o t h o f s a i d p o w e r s t h e r e a f t e r e x e r c i s e d , w i t h o u t t h e n e e d f o r a m e n d m e n t o f t h e S e r v i c e P l a n . I f d i r e c t e d b y t h e C i t y , a n d i f d o i n g s o w i l l n o t a f f e c t t h e a b i l i t y o f t h e D i s t r i c t t o p a y p r i n c i p a l a n d i n t e r e s t o n t h e B o n d s , t h e D i s t r i c t s h a l l f u r n i s h a n d i n s t a l l m o s q u i t o c o n t r o l f a c i l i t i e s a n d i m p r o v e m e n t s a s r e a s o n a b l y r e q u i r e d b y t h e C i t y t o s e r v e t h e P r o p e r t y . I f d o i n g s o w o u l d a f f e c t t h e a b i l i t y o f t h e D i s t r i c t t o p a y s u c h p r i n c i p a l a n d i n t e r e s t , t h e D i s t r i c t m a y , o n l y i n t h a t i n s t a n c e , i n c r e a s e t h e P u b l i c I m p r o v e m e n t F e e t o c o v e r t h e i n c r e a s e d c o s t . 1 1 . S e r v i c e P l a n A p p r o v a l C o n d i t i o n s . T h e D i s t r i c t w i l l s a t i s f y t h e f o l l o w i n g a d d i t i o n a l r e q u i r e m e n t s a n d l i m i t a t i o n s , w h i c h a r e e x p r e s s c o n d i t i o n s o f t h e C i t y ’ s a p p r o v a l o f t h e S e r v i c e P l a n . 1 1 . 1 . T h e D i s t r i c t s h a l l n o t a p p l y f o r o r c l a i m a n y e n t i t l e m e n t t o C o n s e r v a t i o n T r u s t F u n d m o n e y f o r w h i c h t h e C i t y i s e l i g i b l e . 1 1 . 2 . T h e C i t y ’ s r e m e d i e s f o r f a i l u r e o f t h e D i s t r i c t t o c o m p l y w i t h t h i s A g r e e m e n t o r a n y m a t e r i a l p r o v i s i o n o f i t s a p p r o v e d S e r v i c e P l a n s h a l l i n c l u d e a u t h o r i t y f o r t h e C i t y , u p o n a f i n d i n g o f s u c h f a i l u r e b y t h e C i t y C o u n c i l , f o l l o w i n g n o t i c e t o t h e D i s t r i c t a n d a n o p p o r t u n i t y t o b e h e a r d , t o w i t h h o l d t h e i s s u a n c e o f a n y r e l a t e d p e r m i t , a u t h o r i z a t i o n , a c c e p t a n c e o r o t h e r a d m i n i s t r a t i v e o r C i t y C o u n c i l a p p r o v a l n e e d e d b y t h e D i s t r i c t o r r e q u i r e d b y C i t y o r d i n a n c e s , c o d e s , r u l e s o r r e g u l a t i o n s . 1 3 1 1 . 3 T h e c o n s o l i d a t i o n o f t h e D i s t r i c t w i t h a n y o t h e r s p e c i a l d i s t r i c t s h a l l b e s u b j e c t t o t h e p r i o r a p p r o v a l o f t h e C i t y C o u n c i l , i n i t s s o l e a n d u n f e t t e r e d d i s c r e t i o n . 1 1 . 4 T h e D i s t r i c t w i l l t a k e a l l a c t i o n n e c e s s a r y t o d i s s o l v e p u r s u a n t t o T i t l e 3 2 , A r t i c l e 1 , P a r t 7 , C . R . S . , a s a m e n d e d f r o m t i m e t o t i m e , u p o n t h e e x p i r a t i o n o f t h e l a t e r o f ( i ) f o r t y ( 4 0 ) y e a r s f r o m t h e f i r s t i s s u a n c e o f t h e T a x a b l e B o n d s o r ( i i ) f o r t y - t w o ( 4 2 ) y e a r s f r o m t h e d a t e o f i t s o r g a n i z a t i o n b y t h e d i s t r i c t c o u r t , u n l e s s t h e C i t y C o u n c i l a p p r o v e s i t s c o n t i n u e d e x i s t e n c e . N e i t h e r s u c h a p p r o v a l n o r t h e c o n t i n u e d e x i s t e n c e o f t h e D i s t r i c t s h a l l b e a m a t e r i a l m o d i f i c a t i o n o f t h e S e r v i c e P l a n . 1 1 . 5 A t t h e t i m e o f p r o v i d i n g i t s a c c o u n t i n g u n d e r S e c t i o n s 6 . 7 a n d 6 . 1 3 ( e ) , t h e D i s t r i c t w i l l f i l e a c a p i t a l i m p r o v e m e n t s p l a n r e p o r t i n g t h e u s e o f b o n d p r o c e e d s i n t h e p r i o r y e a r , a n t i c i p a t e d u s e s i n t h e c o r n i n g y e a r , a n d , w i t h r e s p e c t t o t h e n e x t b o n d i s s u e c o n t e m p l a t e d b y t h e D i s t r i c t , t h e e s t i m a t e d d a t e t h e r e o f , t h e s p e c i f i c f a c i l i t i e s t o b e b u i l t w i t h t h e p r o c e e d s a n d a d e t a i l e d s o u r c e s a n d u s e s a n a l y s i s . A n y q u e s t i o n s o r c o n c e r n s a b o u t t h e c o n f o r m i t y o f s u c h p l a n w i t h t h e p r o v i s i o n s o f t h i s A g r e e m e n t r a i s e d i n w r i t i n g b y t h e C i t y M a n a g e r o r h i s d e s i g n e e w i t h i n t w e n t y ( 2 0 ) d a y s a f t e r r e c e i p t o f s u c h p l a n w i l l b e r e s o l v e d t o t h e s a t i s f a c t i o n o f t h e M a n a g e r p r i o r t o t h e D i s t r i c t p r o c e e d i n g w i t h w o r k o n t h e q u e s t i o n e d o r n o t e d i t e m s . T h e D i s t r i c t s h a l l a l s o f i l e c o p i e s o f t h e D i s t r i c t ’ s s t a t u t o r y a u d i t s w i t h t h e C i t y . 1 1 . 6 T h e D i s t r i c t s h a l l s u b m i t a n y p o s t - o r g a n i z a t i o n b a l l o t i s s u e o r b o n d f i n a n c i n g p l a n ( i n c l u d i n g i n t e r e s t r a t e s a n d s e c u r i t y t e r m s ) t o t h e C i t y p r i o r t o r e f e r r i n g t h e s a m e t o i t s e l e c t o r s . T h e C i t y m a y , p u r s u a n t t o t h e p r o v i s i o n s o f § 3 2 - 1 - 2 0 7 ( 3 ) ( a ) , C . R . S . , e n j o i n a n y p r o p o s e d a c t i o n i n c o n n e c t i o n t h e r e w i t h w h i c h i s n o t i n m a t e r i a l c o m p l i a n c e w i t h t h e a p p r o v e d S e r v i c e P l a n . T h e D i s t r i c t a n d t h e C i t y w i l l w o r k c o o p e r a t i v e l y t o i m p l e m e n t t h e v a r i o u s p r o v i s i o n s o f i t s S e r v i c e P l a n . 1 1 . 7 T h e r a t e o f i n t e r e s t p a i d b y t h e D i s t r i c t o n a n y l o a n f r o m o r r e i m b u r s e m e n t p a y a b l e t o t h e O w n e r s s h a l l n o t e x c e e d s i x p e r c e n t ( 6 % ) p e r a n n u m , c o m p o u n d e d a n n u a l l y . T h i s l i m i t a t i o n d o e s n o t a p p l y t o a n y B o n d s . 1 1 . 8 T h e D i s t r i c t s h a l l p a y t h e f u l l c o s t i n c u r r e d b y t h e C i t y t o r e v i e w a n d c o n s i d e r a n y a n d a l l a p p l i c a t i o n s f o r a n a m e n d m e n t t o i t s S e r v i c e P l a n . 1 2 . P r e c e d e n c e . R e c o g n i z i n g t h a t f u l l d e v e l o p m e n t o f t h e P r o p e r t y m a y t a k e u p t o t h i r t y ( 3 0 ) y e a r s , t h e C i t y a p p r o v e d t h e S e r v i c e P l a n w i t h s u f f i c i e n t f l e x i b i l i t y t o a c c o m m o d a t e a n d e n a b l e t h e D i s t r i c t t o r e s p o n d t o c h a n g e d c o n d i t i o n s o v e r t i m e , w h i l e s t i l l r e l y i n g u p o n t h e p r o v i s i o n s o f t h i s A g r e e m e n t t o e n a b l e i t t o e x e r c i s e a p p r o p r i a t e c o n t r o l a n d s u p e r v i s i o n o f t h e D i s t r i c t a s p r o v i d e d b y s t a t e l a w . A c c o r d i n g l y , a n y c o n f l i c t o r i n c o n s i s t e n c y b e t w e e n t h e S e r v i c e P l a n a n d t h i s A g r e e m e n t s h a l l b e r e s o l v e d i n f a v o r o f t h e p r o v i s i o n s o f t h i s A g r e e m e n t . 1 3 . I n t e g r a t i o n . T h i s w r i t t e n A g r e e m e n t a n d t h e P I F C o l l e c t i n g A g e n t A g r e e m e n t c o n s t i t u t e t h e e n t i r e a g r e e m e n t b e t w e e n t h e D i s t r i c t a n d t h e C i t y a n d s u p e r s e d e a l l p r i o r w r i t t e n o r o r a l a g r e e m e n t s , n e g o t i a t i o n s , o r r e p r e s e n t a t i o n s a n d u n d e r s t a n d i n g s o f t h e P a r t i e s w i t h r e s p e c t t o t h e s u b j e c t m a t t e r c o n t a i n e d h e r e i n a n d i n t h e P I F C o l l e c t i n g A g e n t A g r e e m e n t , r e s p e c t i v e l y . 1 4 . E x h i b i t s . T h e f o l l o w i n g E x h i b i t s a r e a t t a c h e d h e r e t o a n d f u l l y i n c o r p o r a t e d h e r e i n b y t h i s r e f e r e n c e : 1 4 E x h i b i t 1 : M e t r o p o l i t a n D i s t r i c t B o u n d a r y E x h i b i t 2 : M e t r o p o l i t a n D i s t r i c t S e r v i c e A r e a B o u n d a r y E x h i b i t 3 : L i s t o f a l l P u b l i c I m p r o v e m e n t s E x h i b i t 4 : L i s t o f S a l e s T a x I m p r o v e m e n t s E x h i b i t 5 : L i s t o f P u b l i c I m p r o v e m e n t F e e I m p r o v e m e n t s E x h i b i t 6 : O p e r a t i n g A g e n c i e s f o r N e w P u b l i c I m p r o v e m e n t s E x h i b i t 7 : S a l e s T a x a n d P u b l i c I m p r o v e m e n t F e e C o m p a r a t i v e A n a l y s i s 1 5 . A m e n d m e n t . T h i s A g r e e m e n t m a y b e a m e n d e d , m o d i f i e d , c h a n g e d , o r t e r m i n a t e d i n w h o l e o r i n p a r t o n l y b y w r i t t e n a g r e e m e n t d u l y a u t h o r i z e d a n d e x e c u t e d b y t h e P a r t i e s w i t h o u t n e c e s s a r i l y r e q u i r i n g a m e n d m e n t t o t h e S e r v i c e P l a n . T h e n e e d f o r f o r m a l a m e n d m e n t t o a n y S e r v i c e P l a n s h a l l b e d e t e r m i n e d a c c o r d i n g t o s t a t e l a w t h e n i n e f f e c t , o r , w h e r e a p p l i c a b l e , a n e x p r e s s p r o v i s i o n o f t h i s A g r e e m e n t . 1 6 . E n f o r c e m e n t . T h i s A g r e e m e n t m a y b e e n f o r c e d i n l a w o r i n e q u i t y f o r s p e c i f i c p e r f o r m a n c e , i n j u n c t i v e , o r o t h e r r e l i e f , i n c l u d i n g d a m a g e s , a s m a y b e a v a i l a b l e a c c o r d i n g t o t h e l a w s a n d s t a t u t e s o f t h e S t a t e o f C o l o r a d o . A b r e a c h h e r e o f w h i c h r e s u l t s i n r e c o v e r a b l e d a m a g e s s h a l l n o t c a u s e t h e t e r m i n a t i o n o f a n y o b l i g a t i o n s c r e a t e d b y t h i s A g r e e m e n t u n l e s s s u c h t e r m i n a t i o n i s d e c l a r e d b y t h e P a r t y n o t i n b r e a c h . 1 7 . V e n u e . V e n u e f o r t h e t r i a l o f a n y a c t i o n a r i s i n g o u t o f a n y d i s p u t e h e r e u n d e r s h a l l b e i n t h e d i s t r i c t c o u r t i n t h e S t a t e o f C o l o r a d o s e r v i n g J e f f e r s o n C o u n t y p u r s u a n t t o t h e a p p r o p r i a t e r u l e s o f c i v i l p r o c e d u r e s . 1 8 . S c o p e o f B e n e f i t s . E x c e p t a s o t h e n v i s e s t a t e d h e r e i n , t h i s A g r e e m e n t i s i n t e n d e d t o d e s c r i b e t h e r i g h t s a n d r e s p o n s i b i l i t i e s o f a n d b e t w e e n t h e n a m e d P a r t i e s a n d i s n o t i n t e n d e d t o , a n d s h a l l n o t b e d e e m e d t o c o n f e r a n y r i g h t s u p o n a n y p e r s o n s o r e n t i t i e s n o t n a m e d a s P a r t i e s , n o r t o l i m i t i n a n y w a y s t h e p o w e r s a n d r e s p o n s i b i l i t i e s o f t h e C i t y , t h e D i s t r i c t , o r a n y o t h e r e n t i t y n o t a p a r t y h e r e t o . 1 9 . E f f e c t o f I n v a l i d i t y . I f a n y p o r t i o n o f t h i s A g r e e m e n t i s h e l d i n v a l i d o r u n e n f o r c e a b l e f o r a n y r e a s o n b y a c o u r t o f c o m p e t e n t j u r i s d i c t i o n , s u c h p o r t i o n s h a l l b e d e e m e d s e v e r a b l e a n d i t s i n v a l i d i t y o r u n e n f o r c e a b i l i t y s h a l l n o t a f f e c t t h e v a l i d i t y o r e n f o r c e a b i l i t y o f a n y o t h e r p o r t i o n o r p r o v i s i o n h e r e o f . F u r t h e r , i f a n y c o u r t d e t e r m i n e s t h i s A g r e e m e n t v i o l a t e s t h e m u l t i - y e a r c o n t r a c t r e s t r i c t i o n i n S e c t i o n 2 0 , A r t i c l e X o f t h e C o l o r a d o C o n s t i t u t i o n ; t h i s A g r e e m e n t s h a l l i m m e d i a t e l y c o n v e r t t o a o n e ( 1 ) y e a r c o n t r a c t w i t h a u t o m a t i c a n n u a l r e n e w a l , s u b j e c t o n l y t o f a i l u r e b y t h e C i t y t o a p p r o p r i a t e f u n d s a n n u a l l y . T h e f a i l u r e t o a p p r o p r i a t e o r h a v e f u n d s a v a i l a b l e s h a l l n o t b e a b r e a c h o f t h e A g r e e m e n t . 2 0 . A s s i g n a b i l i t y ; S u c c e s s o r s . N e i t h e r t h e C i t y n o r t h e D i s t r i c t s h a l l a s s i g n i t s r i g h t s o r d e l e g a t e i t s d u t i e s h e r e u n d e r w i t h o u t t h e p r i o r w r i t t e n c o n s e n t o f t h e o t h e r P a r t y . T h e r i g h t s a n d o b l i g a t i o n s c r e a t e d h e r e b y s h a l l b e b i n d i n g u p o n a n d i n u r e t o t h e b e n e f i t o f t h e P a r t i e s h e r e t o a n d t h e i r r e s p e c t i v e s u c c e s s o r s a n d p e r m i t t e d a s s i g n s . I N W I T N E S S W H E R E O F , t h e D i s t r i c t a n d t h e C i t y h a v e c a u s e d t h i s A g r e e m e n t t o b e d u l y e x e c u t e d a s o f t h e d a y f i r s t a b o v e w r i t t e n . 1 5 L O N G S P E A K M E T R O P O L I T A N D I S T R I C T , 4 , Z N a r : 7 T i t l e : — ‘ ‘ A T T E S T : B y : i . . C ) i 1 i t ) 1 C A . _ L L a t L & u I N a m e : c h - w f l 9 C L I L ( 4 U v ( P \ L I — ( T i t l e : J L ( ( i L L 4 y t J C I T Y O F 1 I W H E A T R I D G E / 1 I i B y : _ _ _ _ _ _ _ _ _ _ _ _ _ / e r i j D i T u l l i o , M a y o r A T T E S T : B y G e r a l d E . D a h i , C i t y A t t o r n e y 1 6 / M E T R O P O L I T A N D I S T R I C T _ _ _ B O U N D A R Y 0 4 0 0 8 0 0 S C A L E 1 ’ = 8 0 0 E X H I B I T 1 _ c O _ _ ’ B R E W I N G C O . - ( B R ’ J E F F E R S O N C O U N T Y R E W I N G C - J E F F E R S O N ’ N C O U N T Y — 1 4 1 i + 1 4 O t h A V E * h U N D E R Z 1 E ’ 1 T - ; / B E L A \ I J / i R T A I L i r ö 1 - ‘ A d / / - 6 7 / V I E % 4 I — r f / f 1 ‘ \ , ‘ , - . E L A S A I L J M E T R O P O L I T A N D I S T R I C T B O U N D A R Y F E 8 R U A R Y 2 0 . 2 0 O M A R T I N / M A R T I N i f l ’ : C O O R S B R E W I N G C O . L E G E N D / 1 j \ A B E L A I D R I V E C O O R S C A B R E W I N G C O R E A B E L A ’ E T A I L I f D > - 1 [ I E X H I B I T 2 r r _ _ _ _ _ _ _ _ ( H R 9 U N D E R T h E E H _ D k B E L A \ . I I D R I V E c ç / L E G E N D ( I _ _ _ _ _ _ S E R V I C E A R E I B O U N D A R Y I L _ I I N I i _ _ U I ! ‘ 0 4 0 0 8 0 0 S C A L E 1 ” z z 8 0 0 ’ F E B R U A R Y 2 0 , 2 0 0 6 S E R V I C E A R E A B O U N D A R Y E X H I B I T 3 L i s t o f A U P u b l i c I m p r o v e m e n t s I n t e r g o v e r n m e n t a l A g r e e m e n t C i t y o f W h e a t R i d g e L o n g s P e a k M e t r o p o l i t a n D i s t r i c t P e r P r o j e c t D e v e l o p m e n t B u d g e t 2 4 A u g u s t 2 0 0 6 R e v i s e d 3 0 N o v e m b e r 2 0 0 6 A . L A N D C a b c l a a R e t a i l R i g h t o f W a y / C o o r s R i g h t o f W a y / S a l t e r R i g h t o f W a y / R i c h t e r J e f f c o P a r c e l 2 R O W C o n o c o - w e s t - R O W B . O F F - S I T E D E V E L O P M E N T B . 1 U n d e r p a s s 4 0 t h & 1 - 7 0 B . 1 . 1 - U n d e r p a s s 4 0 t h & 1 - 7 0 8 . 1 . 2 - 1 - 7 0 W B H o o k R a m p 1 ) E x t e n s i o n B . 1 . 3 - F r o n t a g e A c c e s s R o a d S o u t h o f U n d e r p a s s B . 1 . 4 . - F r o n t a g e A c c e s s R o a d N o r t h o f U n d e r p a s s B . 1 . 5 - T r a f f i c S i g n a l B . 4 1 - 7 0 & 3 2 n d A v e . 8 . 4 . 1 1 - 7 0 ‘ V U H o o k R a m p s 8 . 4 . 2 3 2 n d & V o u n g l i e l d I n t e r s e c t i o n 1 3 . 4 1 - 7 0 & 3 2 n d A v e . 8 . 4 . 2 3 2 n d & Y o u n g f i e l d I n t e r s e c t i o n B . 5 5 1 1 - 5 8 I n t e r c h a n g e a t C a b e l a ’ s & 4 4 t h A v e . ( 4 L a n e s ) B . 5 . 1 S H - 5 8 I n t e r c h a n g e a t C a b e l a s a n d 4 4 t h A v e . B . 8 C o n s u l t a n t s B . Y o u n g f i e l d W i d e n i n g C . S I T E D E V E L O P M E N T C . 1 E n t i t l e m e n t C . 3 M a s s G r a d i n g - C a b e l a s s i t e C . 4 C a b e l a s D r i v e C . 4 . 1 S a l t e r t o 3 2 n d : 5 - l , a n c C . 4 . 2 S a l t e r t o C l e a r C r e e k B r i d g e : 5 - L a n e C . 4 . 3 C a b e l a D r i v e t o \ V e s t E d g e o f 4 0 t h T u n n e l ( 3 L a n e s ) C . 4 . 4 C a b e l a D r i v e f r o m C l e a r C r a c k B r i d g e t o S 1 - I - 5 8 I n t e r c h a n g e : 4 - L a n e C . 4 . 5 C l e a r C r e e k B r i d g e : 4 - L a n e C . S U t i l i t i e s C . 5 . 1 C a b e l a s O f i s i t e P u b l i c C . 5 . 2 C a b e l a s O n s i t e P u b l i c C . 6 S i t e U t i l i t i e s - D W D L o w e r i n g C . 7 S t o r m W a t e r R e t e n t i o n C . 9 C l e a r C r e e k T r a i l C o n n e c t o r : P d . P a t h N . o f C C a l o n g R d . D . C A B E L A S S T O R E S I T E W O R K D . 1 C a b e l a s P a r k i n g L o t D . 2 L a n d s c a p i n g D . 3 S i t e E l e c t r i c a l D . 4 C a b e l a S t o r e U t i l i t i e s D . 5 C a b e l a s O n s i t e P r i v a t e U t i l i t i e s E . B U I L D I N G R I M u s e u m / D i s p l a y S p a c e E . 2 P u b l i c A r e s E . 5 S p e c i a l F e a t u r e s F . F U R N I T U R E , F I X T U R E S & E Q U I P M E N T F . 1 F u r n i t u r e & F i x t u r e s F . 2 S e c u r i t y P . 3 M I S / C o m m u n i c a t i o n s P . 4 S i g n a g e P . S M a t e r i a l h a n d l i n g H . S O F T C O S T S D r p d c P i l C f r y E X H I B I T 4 L i s t o f S a l e s T a x I m p r o v e m e n t s I n t e r g o v e r n m e n t a l A g r e e m e n t C i t y o f W h e a t R i d g e L o n g s P e a k M e t r o p o l i t a n D i s t r i c t P e r P r o j e c t D e v e l o p m e n t B u d g e t 2 4 A u g u s t 2 0 0 6 R e v i s e d 3 0 N o v e m b e r 2 0 0 6 B . 1 U n d e r p a s s 4 0 t h & 1 - 7 0 $ 7 , 3 2 6 , 9 4 9 B . 1 . 1 - U n d e r p a s s 4 0 t h & 1 - 7 0 $ 5 , 8 0 3 , 6 4 5 B . 1 . 2 - 1 - 7 0 W B H o o k R a m p D E x t e n s i o n $ 4 5 2 , 0 7 0 B . 1 . 3 - F r o n t a g e A c c e s s R o a d S o u t h o f U n d e r p a s s $ 2 3 9 , 8 3 7 B . 1 . 4 - F r o n t a g e A c c e s s R o a d N o r t h o f U n d e r p a s s $ 7 0 0 , 2 5 8 B . 1 . 5 - T r a f f i c S i g n a l $ 1 3 1 , 1 3 9 B . 4 1 - 7 0 & 3 2 n d A v e . $ 3 , 8 3 0 , 0 9 0 B . 4 . 1 1 - 7 0 W B H o o k R a m p s $ 3 , 8 3 0 , 0 9 0 B . 4 . 2 3 2 n d & Y o u n g f i e l d I n t e r s e c t i o n C i t y C o n t r i b u t i o n C . 4 C a b e l a ’ s D r i v e $ 9 , 4 6 8 , 5 9 1 C . 4 . 1 S a l t e r t o 3 2 n d : 5 - L a n e $ 1 , 8 2 9 , 9 6 8 C . 4 . 2 S a l t e r t o C l e a r C r e e k B r i d g e : 5 - L a n e $ 2 , 6 3 1 , 8 4 2 C . 4 . 3 C a b e l a D r i v e t o W e s t E d g e o f 4 0 t h T u n n e l ( 3 L a n e s ) $ 6 6 6 , 9 0 1 C . 4 . 4 C a b e l a D r i v e f r o m C l e a r C r e e k B r i d g e t o S H - 5 8 I n t e r c h a n g e : 4 - L a $ 2 , 2 4 4 , 5 0 4 C . 4 . 5 C l e a r C r e e k B r i d g e : 4 - L a n e $ 2 , 0 9 5 , 3 7 5 B . 8 C o n s u l t a n t s $ 8 6 3 , 9 8 1 1 6 0 1 P r o c e s s ( F H U ) i n c . 1 - 7 0 / 3 2 n d A r e a E . A . ( F H U ) i n c . M G A C o m m u n i c a t i o n s i n c . P r o j e c t C o n t i n g e n c y i n c . 5 . L e g a l a n d R e a l E s t a t e C o n s u l t i n g F e e s $ 5 0 0 , 0 0 0 L e g a l - G o r s u c h K i r g i s i n c . L e g a l - M D K R i n c . R e a l E s t a t e - D e e p w a t e r P o i n t i n c . C o n t i n g e n c y i n c . T o t a l S a l e s T a x I m p r o v e m e n t s $ 2 1 , 9 8 9 , 6 1 0 D e e p w a t e r P o i n t C o n e p a n ; E X H I B I T 5 L i s t o f P u b l i c I m p r o v e m e n t F e e I m p r o v e m e n t s I n t e r g o v e r n m e n t a l A g r e e m e n t C i t y o f W h e a t R i d g e L o n g s P e a k M e t r o p o l i t a n D i s t r i c t P e r P r o j e c t D e v e l o p m e n t B u d g e t 2 4 A u g u s t 2 0 0 6 R e v i s e d 3 0 N o v e m b e r 2 0 0 6 A . L A N D C O S T S $ 2 , 4 2 0 , 5 5 7 C a b e l a ’ s R e t a i l $ 1 , 3 4 5 , 6 9 2 R i g h t o f W a y / C o o r s S 3 2 5 , 5 5 4 R i g h t o f W a y / S a l t e r S 1 9 4 , 7 3 7 R i g h t o f W a y / R i c h t e r $ 3 5 0 , 0 0 0 j e f f c o P a r c e l 2 R O W $ 4 , 5 7 4 C o n o c o - w e s t - R O W $ 2 0 0 , 0 0 0 B . O F F - S I T E D E V E L O P M E N T $ 1 7 , 9 1 9 , 8 8 4 1 3 , 4 1 - 7 0 & 3 2 n d A v e . B . 4 . 2 3 2 n d & Y o u n g f i e l d I n t e r s e c t i o n $ 5 , 7 6 7 , 7 8 0 B . 5 S H - 5 8 I n t e r c h a n g e a t C a b e l a ’ s & 4 4 t h A v e . ( 4 L a n e s ) B . 5 . 1 S 1 J - 5 8 I n t e r c h a n g e a t C a b e l a ’ s a n d 4 4 t h A v e . 5 1 1 , 0 2 8 , 4 8 0 B . 8 C o n s u l t a n t s 5 1 , 1 2 3 , 6 2 4 1 6 0 1 P r o c e s s ( F E - l U ) i n c . 1 - 7 0 / 3 2 n d A r e a E . A . ( F H U ) i n c . M G A C o m m u n i c a t i o n s i n c . P r o j e c t C o n t i n g e n c y i n c . C . S I T E D E V E L O P M E N T $ 1 2 , 1 6 4 , 1 5 5 ( 1 . 1 E n t i t l e m e n t 5 5 2 7 , 9 6 3 C . 3 M a s s G r a d i n g - C a b e l a ’ s s i t e 5 4 , 4 7 0 , 1 4 1 C . 5 U t i l i t i e s 5 4 , 9 7 2 , 8 5 8 C . 5 . 1 C a b e l a ’ s O f f s i t c P u b l i c 5 1 , 7 3 2 , 1 7 6 C . 5 . 2 C a b e l a ’ s O n s i t e P u b l i c $ 3 , 2 4 0 , 6 8 2 C . 6 S i t e U t i l i t i e s - D W D L o w e r i n g $ 7 6 1 , 5 8 3 C . ] S t o r m W a t e r R e t e n t i o n 5 2 0 4 , 7 3 8 C . 9 C l e a r C r e e k T r a i l C o n n e c t o r l 5 c d . P a t h N . o f C C a l o n g $ 1 , 2 2 6 , 8 7 2 1 1 C A E E L A ’ S S T O R E S I T E W O R K $ 4 , 7 9 9 , 1 2 l D . l C a b e l a ’ s P a r l c i n g L o t S 3 , 2 4 5 , 2 2 0 D . 2 L a n d s c a p i n g $ 4 1 2 , 8 8 9 l ) . 3 S i t e E l e c t r i c a l 5 4 5 0 , 4 2 4 1 ) . 4 C a b e l a ’ s S t o r e U t i l i t i e s $ 4 4 5 , 1 1 9 D . 5 C a b e l s ’ s O n s i t c P r i v a t e U t i l i t i e s $ 2 4 5 , 4 7 0 E . B U I L D I N G $ 9 , 5 0 0 , 0 0 0 l ’ . l M u s e u m / D i s p l a y S p a c e $ 6 , 0 0 0 , 0 0 0 R . 2 P u b l i c A r e a S 1 , 5 0 0 , 0 0 0 E . 5 S p e c i a l F e a t u r e s $ 2 , 0 0 0 , 0 0 0 F . F U R N I T U R E , F I X T U R E S & E Q U I P M E N T $ 1 , 1 0 5 , 2 1 6 P . 1 F u r n i t u r e & F i x t u r e s $ 5 6 5 , 3 4 1 R 2 S e c u r i t y 5 1 3 2 , 4 2 2 P 3 M I S / C o m m u n i c a t i o n s S 1 9 3 , 5 4 0 F . 4 S i g n a g e S 1 0 1 , 8 6 3 P . 5 M a t e r i a l I l a n d l i n g 5 1 1 2 , 0 5 0 H . S O F T C O S T S $ 3 4 9 , 1 2 1 A r c h i t e c t u r e / E n g i n e e r i n g , R e i m b , C a b e l a ’ s A d m i n i s t r a t i o n P r o j e c t M a n a g e m e n t - P r o j e c t O n e I . F I N A N C E & L E G A L $ 1 0 1 , 8 6 3 I C A D D I T I O N A L C O N T I N G E N C Y $ 4 1 , 9 5 5 T o t a l P u b l i c I m p r o v e m e n t F e e I m p r o v e m e n t s $ 4 8 , 4 0 1 , 8 7 4 O n a i , r P e i , , I C c m p e u t j E X h I B I T 6 O p e r a t i n g A g e n c i e s F o r N e w P u b l i c I m p r o v e m e n t s I n t e r g o v e r n m e n t a l A g r e e m e n t C i t y o f W h e a t R i d g e L o n g s P e a k M e t r o p o l i t a n D i s t r i c t A s o f 3 0 N o v e m b e r 2 0 0 6 P u b l i c R o a d w a y s : C a b e l a D r i v e 3 2 A v e . t o S H 5 8 R a m p s 4 0 t h A v e n u e U n d e r p a s s 3 2 ’ A v e . a t 1 - 7 0 Y o u n g f i e l d — 3 8 t h t o N e w S H 5 8 t h I n t e r c h a n g e H i g h w a y R a m p s E a s t b o u n d 1 - 7 0 R a m p s W e s t b o u n d 1 - 7 0 R a m p s W a r d R o a d a n d 4 4 t h A v e . 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L o u i s v i l l e 3 . 3 8 0 . 0 0 0 . 5 5 1 . 0 0 0 . 1 0 0 . 1 0 2 . 9 0 - t 3 3 L o v e l a n d 3 . 0 0 0 . 0 0 0 . 8 0 0 . 0 0 0 . 0 0 0 . 0 0 2 . 9 0 L o v e l a n d C e n t e r r a 6 1 . 7 5 2 . 2 5 0 . 8 0 0 . 0 0 0 . 0 0 0 . 0 0 2 . 9 0 N o r t h g l e n n ( A d a m s ) 4 . 0 0 0 . 0 0 0 . 7 0 1 . 0 0 0 . 1 0 0 . 1 0 2 . 9 0 • 8 8 O P a r k e r 3 . 0 0 0 . 0 0 1 . 0 0 1 . 0 0 0 . 1 0 0 . 1 0 2 . 9 0 . , ‘ 8 . 1 0 S u p e r I o r 3 . 4 6 0 . 0 0 0 . 6 5 1 . 0 0 0 . 1 0 0 . 1 0 2 . 9 0 , 8 . 2 1 T h o r n t o n 3 . 7 5 0 . 0 0 0 . 7 0 1 . 0 0 0 . 1 0 0 . 1 0 2 . 9 0 8 . 5 5 W e s t m l n s t e r ( A d a m s C o u n t y ) 3 . 8 5 0 . 0 0 0 . 7 0 1 . 0 0 0 . 1 0 0 . 1 0 2 . 9 0 . 8 . 6 5 W e s t m I n s t e r ( J e f f e r s o n C o u n t y ) 3 . 8 5 0 . 0 0 0 . 5 0 1 . 0 0 0 . 1 0 0 . 1 0 2 . 9 0 8 . 4 5 W h e a t R i d g e 3 . 0 0 0 . 0 0 0 . 5 0 1 . 0 0 0 . 1 0 0 . 1 0 2 . 9 0 7 . 6 0 W h e a t R i d g e L o n g s P e a k 7 2 . 2 0 1 . 4 0 0 . 5 0 1 . 0 0 0 . 1 0 0 . 1 0 2 . 9 0 ‘ 8 2 0 A v e r a g e 7 . 8 3 F l a t i r o n I m p r o v e m e n t D i s t r i c t 2 S a l e o f f o o d a n d b e v e r a g e f o r i m m e d i a t e c o n s u m p t i o n a n d l i q u o r s t o r e s 3 P l a z a M e t r o p o l i t a n D i s t r i c t N o . 1 ; 2 % s a l e s t a x w a i v e d V a l l e y P u b l i c I m p r o v e m e n t C o r p o r a t i o n ; 1 % s a l e s t a x w a i v e d 5 C r e e k s t d e ; 1 % s a l e s t a x w a i v e d 6 C e n t e r r a P u b l i c I m p r o v e m e n t C o l l e c t i o n C o r p o r a t i o n ; 1 . 2 5 % P I F a n d 1 . 0 % R S F ; 1 . 2 5 % s a l e s t a x w a i v e d P e a k M e t r o p o l i t a n D i s t r i c t , w i t h a w a i v e r o f 0 . 8 % s a l e s t a x b e i n g s h o w n w h i l e t h e C i t y s h a r e s 1 . 2 % s a t e s t a x t o p a y t h e S h a r e d S a l e s T a x R e v e n u e B o n d s a n d c o l l e c t s 1 . 0 % s a l e s t a x f o r t h e C i t y . T h e C i t y s h a l l c o l l e c t 2 . 0 % a n d w a i v e 1 . 0 % o f i t s s a l e s t a x a f t e r t h e S h a r e d S a l e s T a x R e v e n u e B o n d s a r e p a i d ( o r e x p i r e ) . A f t e r t h e P u b l i c I m p r o v e m e n t F e e R e v e n u e B o n d s a r e p a i d ( o r e x p i r e ) , t h e C i t y w i l l c o l l e c t 3 . 0 % ( o r t h e C l t y s t h e n c u r r e n t s a l e s t a x r a t e ) a n d w a i v e 0 . 0 % o f i t s s a l e s t a x . ITEM NO: DATE: January 8, 2018 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION 05-2018 – A RESOLUTION OF THE WHEAT RIDGE CITY COUNCIL EXPRESSING SUPPORT FOR THE DREAM ACT OF 2017 PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO ________________________ City Manager ISSUE: Colorado U.S. Senators Michael Bennet and Corey Gardner cosponsored the Dream Act of 2017. The legislation would grant conditional permanent residence followed by lawful permanent residence to young people who arrive in the United States before they turn 18 under certain conditions. Fifty current and former mayors of communities across Colorado have signed a letter to Senators Bennet and Gardner is support of the Dream Act. Consensus was reached by City Council to bring forward a formal resolution expressing support for the Dream Act of 2017. PRIOR ACTION: Consensus was reached by City Council at the December 18, 2017 study session to bring forward a formal resolution expressing support for the Dream Act of 2017. BACKGROUND: On July 20, 2017 a bipartisan coalition of Senators introduced the Dream Act of 2017. Colorado Senators Bennet and Gardner have cosponsored the bill. • This bill directs the Department of Homeland Security (DHS) to cancel removal and grant lawful permanent resident status on a conditional basis to an alien who is inadmissible or deportable or is in temporary protected status who: Council Action Form – The Dream Act of 2017 January 8, 2018 Page 2 (1) has been continuously physically present in the United States for four years preceding this bill's enactment; (2) was younger than 18 years of age on the initial date of U.S. entry; (3) is not inadmissible on criminal, security, terrorism, or other grounds; (4) has not participated in persecution; (5) has not been convicted of specified federal or state offenses; and (6) has fulfilled specified educational requirements. • DHS shall cancel the removal of, and adjust to the status of an alien lawfully admitted for permanent residence on a conditional basis, an alien who was granted Deferred Action for Childhood Arrivals (DACA) status unless the alien has engaged in conduct that would make the alien ineligible for DACA. • DHS may not: (1) grant conditional permanent resident status without the submission of biometric and background data, and completion of background and medical checks; and (2) disclose or use information provided in applications filed under this bill or in DACA requests for immigration enforcement purposes. • The bill prescribes the conditions under which DHS: (1) may terminate a person's conditional permanent resident status, and (2) shall adjust a person's conditional status to permanent resident status. • The bill: (1) sets forth documentation requirements for establishing DACA eligibility, and (2) repeals the denial of an unlawful alien's eligibility for higher education benefits based on state residence. FINANCIAL IMPACT: None RECOMMENDATIONS: None RECOMMENDED MOTION: “I move to approve Resolution 05-2018, a resolution of the Wheat Ridge City Council expressing support for the Dream Act of 2017.” Or, “I move to table indefinitely Resolution 05-2018, a resolution of the Wheat Ridge City Council expressing support for the Dream Act of 2017 for the following reason(s) _____________.” _________________________________________ Council Action Form – The Dream Act of 2017 January 8, 2018 Page 3 REPORT PREPARED BY: Patrick Goff, City Manager ATTACHMENTS: 1. Resolution 05-2018 2. Dream Act 2017: Summary and Answers to Frequently Asked Questions 3. Letter signed by Colorado former and current mayors N A T I O N A L I M M I G R A T I O N L A W C E N T E R | W W W .N I L C .O R G LOS ANGELES (Headquarters) 3435 Wilshire Blvd., Suite 2850 Los Angeles, CA 90010 213 639-3900 213 639-3911 fax WASHINGTON, DC 1121 14th Street, NW, Suite 200 Washington, DC 20005 202 216-0261 202 216-0266 fax DREAM ACT 2017 Summary and Answers to Frequently Asked Questions Last updated NOVEMBER 28, 2017 n July 20, 2017, Senators Lindsey Graham (R-SC), Dick Durbin (D-IL), Jeff Flake (R- AZ), and Chuck Schumer (D-NY) introduced the Dream Act of 2017.1 It is a bipartisan bill that would provide a direct road to U.S. citizenship for people who are either undocumented, have DACA or temporary protected status (TPS), and who graduate from U.S. high schools and attend college, enter the workforce, or enlist in the military. Through the Deferred Action for Childhood Arrivals (DACA) program, announced by President Barack Obama on June 15, 2012,2 some of these young people received temporary permission to stay in the U.S., as well as employment authorization, for two-year periods, and they could apply to renew that permission and work authorization for additional two-year periods. DACA hasn’t just transformed the lives of young immigrants in the U.S.—it has improved our economy and strengthened our communities.3 For hundreds of thousands of immigrant youth in our communities, it has opened the door to opportunities to achieve their full potential.4 However, DACA recipients are still without a road to lawful permanent resident (LPR) status or U.S. citizenship. Meanwhile, on September 5, 2017, the Trump administration announced that it is ending the program and that October 5, 2017, would be the last day that U.S. Citizenship and Immigration Services would accept any applications for DACA. This has left people who either still have DACA or whose DACA has expired in limbo with respect to their future in the only country they’ve known as home since they were children. The Dream Act of 2017, as introduced, is a strong bill that includes a path to U.S. citizenship. In its various iterations, the Dream Act has long enjoyed bipartisan support, and an overwhelming majority of Americans agree it’s the right thing to do.5 In dealing with a presidential administration that has vowed to increase immigration enforcement and announced that the DACA program is being terminated—while at the same time expressing 1 www.durbin.senate.gov/imo/media/doc/Dream%20Act%20of%202017%20section%20by%20section.pdf. 2 More information about DACA is available at www.nilc.org/daca/. 3 See New Study of DACA Beneficiaries Shows Positive Economic and Educational Outcomes (Center for American Progress, Oct. 18, 2016), https://www.americanprogress.org/issues/immigration/news/2016/10/18/146290/new-study-of-daca- beneficiaries-shows-positive-economic-and-educational-outcomes/. 4 See Results from a Nationwide Survey of DACA Recipients Illustrate the Program’s Impact (Center for American Progress, July 9, 2015), https://www.americanprogress.org/issues/immigration/news/2015/07/09/117054/results-from-a-nationwide- survey-of-daca-recipients-illustrate-the-programs-impact/. 5 Cameron Easley, “Poll: Trump’s Decision on Dreamers Is a Popular One—Even Among His Base,” June 16, 2017, Morning Consult, https://morningconsult.com/2017/06/16/poll-trumps-decision-dreamers-popular- one-even-among-base/. O ATTACHMENT 2 N A T I O N A L I M M I G R A T I O N L A W C E N T E R | W W W .N I L C .O R G Dream Act 2017: Summary and Answers to Frequently Asked Questions PAGE 2 of 5 sympathy towards “Dreamers”—we must continue to pressure lawmakers to support inclusive, non–enforcement-based legislation that will protect as many people as possible. Most importantly, we must increase the pressure on both Republicans and Democrats to pass the Dream Act before this year ends. Overview: 2017 Dream Act The Dream Act of 2017 would make the following changes to current law: • Grant current DACA beneficiaries permanent resident status on a conditional basis, and allow TPS beneficiaries, people without lawful immigration status, and people with final orders of removal the opportunity to apply for this same immigration status. • Permit conditional permanent residents to obtain lawful permanent resident (LPR) status (sometimes referred to as getting a “green card”) if they go to college, have worked for a certain amount of time, or served in the U.S. military. They also would have to meet other requirements. • Provide a pathway to U.S. citizenship. The path would be as follows: Conditional permanent residence (CPR) status for 8 years, during which time the person must fulfill the requirements for eligibility to apply for LPR status (see pp. 3–4, below); applying for and receiving LPR status; spending a certain period of time (generally 5 years) in LPR status; then, finally, applying for and receiving U.S. citizenship. • Stay (stop) the removal proceedings of anyone who meets the Dream Act requirements and young people over 5 years of age who are enrolled in elementary or secondary school. • Improve college affordability for undocumented youth and other immigrants by changing rules that limit their access to in-state tuition and to student financial aid made available by states and institutions. Adjustment to Conditional Permanent Resident Status The Dream Act of 2017 would grant recipients an initial conditional permanent resident status. To be eligible, applicants would have to: 1. be undocumented, a DACA recipient, or a TPS beneficiary (people with final removal orders, voluntary departure orders, or who are in removal proceedings would be eligible); 2. have entered the U.S. before the age of 18; 3. have been continuously physically present in the U.S. since at least four years before the date of the Dream Act’s enactment;6 4. have maintained continuous presence in the U.S. until the date they apply; 5. meet the education requirement through one of these ways: a. they’ve been admitted to a college, university, or other institution of higher learning, or b. they’ve earned a high school diploma or general education development (GED) certificate, or 6 Continuous presence is broken if a person has left the U.S. for any one period exceeding 90 days or for any periods that exceed 180 days total. If the failure to timely return is due to extenuating circumstances beyond the individual’s control, these time limits may be extended. And travel authorized by the U.S. Dept. of Homeland Security, such as via advance parole, may not be counted toward the 90 or 180 days. N A T I O N A L I M M I G R A T I O N L A W C E N T E R | W W W .N I L C .O R G Dream Act 2017: Summary and Answers to Frequently Asked Questions PAGE 3 of 5 c. they are currently enrolled in a secondary education program to assist in obtaining a high school diploma or GED certificate; 6. have not been convicted of certain criminal offenses; 7. pass a medical exam; and 8. pass a background check. Applicants first would need to apply for CPR status, either through the regular process as a first-time applicant or through a potentially streamlined process for DACA recipients. Adjustment from Conditional Resident Status to Lawful Permanent Resident Status, and Acquiring U.S. Citizenship Path to U.S. Citizenship Under the 2017 Dream Act, people who’ve had CPR status for 8 years would be eligible to apply for LPR (green card) status as soon as they’ve met the requirements for removing the conditional basis of their resident status (see below). They would then likely have to be in LPR status for 5 years before they would be eligible to apply for U.S. citizenship. A person may not apply for citizenship without first adjusting to LPR status CPR (granted for 8 years)  LPR (5 years)  CITIZENSHIP Approximate total: 8-13 years until eligible for citizenship There may be a streamlined process for DACA recipients. The bill’s language suggests that they will automatically receive conditional permanent residence, but the U.S. Department of Homeland Security could require that they file an application. Requirements for Removing Conditional Basis of Resident Status To remove the conditional basis of their resident status and become a full-fledged LPR, the applicant would have to meet these requirements: 1. Not have certain criminal convictions on their record. 2. Not have abandoned their residence in the U.S.7 3. Have done one of the following: a. acquired a degree from an institution of higher education, or b. completed at least 2 years in a bachelor’s degree program, or c. served for at least 2 years in the uniformed services, or d. been employed for periods totaling at least 3 years, at least 75 percent of which time was working with valid employment authorization. (If the person was not working, they must show that they were enrolled in school or an education program.) 7 “Abandonment” is not defined in the bill, but in other areas of immigration law it includes situations such as remaining outside the U.S. for an extended period of time. See https://www.uscis.gov/green-card/after-green- card-granted/maintaining-permanent-residence#abandoning. N A T I O N A L I M M I G R A T I O N L A W C E N T E R | W W W .N I L C .O R G Dream Act 2017: Summary and Answers to Frequently Asked Questions PAGE 4 of 5 e. A hardship exception may be available for people who do not meet at least one of the four requirements listed immediately above.8 4. Demonstrate the ability to read, write and speak English and show a knowledge and understanding of U.S. civics. 5. Pass a background check. College Affordability The 2017 Dream Act would repeal section 505 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), which currently discourages states from making undocumented students eligible for in-state tuition or providing them other higher education benefits. Frequently Asked Questions • How does this bill compare to previous Dream Act bills? The 2017 Dream Act is stronger than prior versions of the Dream Act. Previous versions of the Dream Act, including the 2010 version,9 required immigrant youth to either complete two years of higher education or to join the military in order to receive LPR status. The 2017 version of the Dream Act has a route to LPR status based on employment. There is also a hardship exception for people who cannot meet the education, military, or employment requirement. These are important factors which recognize that not everyone is on a college track and that people may have unique circumstances, such as being the caregiver of a minor child. Another way in which this bill is stronger than prior versions is the more generous age requirement. People who entered the U.S. before their eighteenth birthday can qualify, and there is no upper age limit. Previous versions limited the act’s benefits to people who entered before their sixteenth birthday and were under age 30. A table comparing provisions in the 2010 and 2017 Dream Act bills and the DACA program is available at www.nilc.org/dream-acts-and- daca-compared/. • What are the chances that this bill will pass and become law? Securing the congressional support needed to pass this bill will likely be an uphill battle, but legislation legalizing the immigration status of Dreamers has very high support among the public and members of Congress. The bill may become amended with border and interior enforcement provisions as it moves through Congress. Nevertheless, this bill is an opportunity to highlight the importance of providing immigration relief for immigrant youth and the positive impact DACA has had on the nearly 800,00 people who have received it. • Are there enforcement provisions in the bill? No, the bill does not currently contain provisions that expand border militarization, detentions, or deportations. However, some politicians have discussed allowing this bill to move only in exchange for further militarization of our borders. This is not acceptable to NILC. 8 Applicants may be granted a hardship exception to the education, military, or work requirement if they can demonstrate that they have a disability, are a full-time caregiver of a minor child, or their removal would cause extreme hardship to a U.S. citizen or LPR spouse, parent, or child. 9 https://www.congress.gov/bill/111th-congress/senate-bill/3992. More information about the 2010 Dream Act bill is available at www.nilc.org/dreamact/. N A T I O N A L I M M I G R A T I O N L A W C E N T E R | W W W .N I L C .O R G Dream Act 2017: Summary and Answers to Frequently Asked Questions PAGE 5 of 5 • How much will it cost to apply? The bill does not specify an application fee. Instead it provides that U.S. Citizenship and Immigration Services will set a “reasonable” fee for the CPR application. Fee exemptions for application fees will be available for people who meet certain economic hardship criteria, including being under 18 years of age, having a chronic disability, and being in foster care. • What materials should I gather to prove I qualify for the Dream Act? The Dream Act has not passed yet, so it is not a law, and no one can apply for an immigration benefit under it yet. Don’t be fooled by a notario or other scam artist into “applying” for a program that doesn’t yet exist! However, it’s a good idea to start gathering documents now so that you can have them handy if there is some immigration program that you qualify for. The bill lists the documents that would be needed to prove eligibility for adjustment of status under the Dream Act. They include documents to prove identity (passport, birth certificate, etc.) and documents to prove presence in the U.S. (school records, tax receipts, employment records, etc.). • Will the information I provide be protected? The Dream Act has not passed yet, so it is not a law, and no one can apply for an immigration benefit under it yet. Don’t be fooled by a notario or other scam artist into “applying” for a program that doesn’t yet exist! However, if the bill is enacted as currently written, it provides that the information you submit during the application process will be protected and shared only in very limited circumstances. Among the Dream Act’s provisions are ones intended to protect information provided in DACA and Dream Act applications; they state that information provided on the applications may not be disclosed or used for the purpose of immigration enforcement. However, information may be shared with national security and law enforcement agencies for assistance in the consideration of an application for conditional permanent resident status, to identify or prevent fraud, for national security purposes, or for the investigation or prosecution of any felony not related to immigration status. • What can I do to support DACA and the Dream Act? Regardless of whether the Dream Act becomes law, we must continue to protect DACA and TPS. Protecting all immigrants from deportation is a priority for our immigrant communities as well as for NILC and many other immigrants’ rights organizations. Here are some things you can do to help protect DACA: Share your story. Undocumented youth were at the forefront of pushing for the DACA program to be created. NILC is collecting personal stories to deliver to Washington legislators, urging them to stand up and fight for those who will be irreparably harmed by the termination of DACA. Visit WeAreHereToStay.org to learn about other actions you can take to support DACA and Dream. • How do I stay updated on the bill? Follow NILC on Facebook or Twitter to stay up to date regarding the latest developments on DACA and the Dream Act.10 10 https://www.facebook.com/NationalImmigrationLawCenter/ and http://www.twitter.com/NILC_org. ATTACHMENT 3 ITEM NO: DATE: January 8, 2018 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION 04-2018 – A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF WHEAT RIDGE AND THE CITY OF LAKEWOOD CONCERNING FORENSIC CRIME LAB AND ANALYST SERVICES IN THE AMOUNT OF $71,200 PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO ____________________________ __________________________ Chief of Police City Manager ISSUE: Since 2006, the Wheat Ridge Police Department has contracted with the Lakewood Police Department to provide crime scene processing and analysis for major criminal events. A strong working relationship has been formed that has produced numerous successful prosecutions. The Lakewood Crime Analysis Team has also provided training to WRPD officers as well as assisted WRPD in Community Outreach. The Agreement is required to be renewed annually. PRIOR ACTION: After reviewing the available options for crime scene analysis, the department entered into an agreement with the Lakewood Police Department to provide forensic crime lab services. The first IGA, an eighteen-month agreement was approved in June 2006 and ended December 31, 2007. Due to the success of this agreement, it has been continued since. The City of Lakewood requires IGA’s to be approved annually. This agreement has again been successful over the past year and it is recommended the agreement to be continued for the period between January 1, 2018 and December 31, 2018. Council Action Form – Lakewood Crime Lab IGA January 8, 2018 Page 2 BACKGROUND: The Wheat Ridge Police Department has used forensic crime lab services from the Lakewood Police Department since the original IGA was signed in 2006. The Wheat Ridge Police Department has found the Lakewood Crime Lab to be responsive and professional. This partnership provides the Wheat Ridge Police Department with immediate access to all of Lakewood Crime Lab personnel as needed. In addition, it has allowed Wheat Ridge access to high quality forensic services at a cost, which is substantially lower than even basic forensic services could be provided from within. The agreement states that in return for the services provided, Wheat Ridge will compensate Lakewood for the salary, benefits and other associated costs for one (1) full-time Crime Scene Analyst. FINANCIAL IMPACT: Per the agreement, Wheat Ridge pays salary and benefit costs for one Lakewood Crime Lab position at $61,610 for salary and $1,390 for benefits for a total of $63,000. Preliminary overtime costs have been estimated at $6,600 per year, bringing the total annual personnel costs to $69,600. Additional costs are $1,600 for personnel support (training, cellphone, and clothing expenses). This is a total annual cost of $71,200. In comparison, salary and benefits costs for one Wheat Ridge Police senior detective position are $98,155 and estimated overtime costs of $8,000, bring the total costs for a sworn detective position to $106,155. This IGA saves the department approximately $34,955 for 2018. RECOMMENDATIONS: The police department recommends maintaining the partnership with the Lakewood Police Department. This IGA makes the police department more efficient and effective, and enhances our level of service to the community. It also provides the department the opportunity to redeploy a sworn position to the Investigations Bureau. RECOMMENDED MOTION: “I move to approve Resolution 04-2018, a resolution approving an agreement between the City of Lakewood and the City of Wheat Ridge for Crime Lab/Crime Scene Services and authorizing payment in the amount of $71,200.” Or, “I move to table indefinitely Resolution 04-2018, a resolution approving an agreement between the City of Lakewood and the City of Wheat Ridge for Crime Lab/Crime Scene Services for the following reason(s) __________________________________________.” REPORT PREPARED BY: Dave Pickett, Division Chief Daniel Brennan, Police Chief Patrick Goff, City Manager Council Action Form – Lakewood Crime Lab IGA January 8, 2018 Page 3 ATTACHMENTS: 1. Resolution 04-2018 2. Intergovernmental Agreement Between City of Lakewood and City of Wheat Ridge CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 04 Series of 2018 TITLE: A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF WHEAT RIDGE AND THE CITY OF LAKEWOOD CONCERNING FORENSIC CRIME LAB AND ANALYST SERVICES IN THE AMOUNT OF $71,200 WHEREAS, pursuant to C.R.S. § 29-1-203, the cities of Wheat Ridge and Lakewood, Colorado are authorized to enter into cooperative agreements with other governmental entities to provide any function, service or facility each is authorized to undertake; and WHEREAS, Lakewood and Wheat Ridge are each authorized to perform law enforcement functions pursuant to Section 6, Article XX of the Colorado Constitution and C.R.S. § 31-15-401; and WHEREAS, Lakewood currently possesses both a forensic crime lab and personnel that provide services that enhance investigative capabilities on crime scenes; and WHEREAS, Wheat Ridge does not currently possess such specialized lab facilities or personnel; and WHEREAS, the Wheat Ridge City Council (“Council”) finds that contracting with Lakewood for the use of Lakewood’s forensic crime lab facilities and personnel would promote and protect the public health, safety, and welfare by enhancing the investigative capabilities of Wheat Ridge concerning Wheat Ridge crime scenes; and WHEREAS, the Council therefore desires to approve the terms of an agreement with Lakewood under which Wheat Ridge may utilize Lakewood’s forensic crime lab and personnel; and WHEREAS, in accordance with Section 14.2 of the City’s Home Rule Charter, the City Council wishes to approve said intergovernmental agreement by resolution. NOW, THEREFORE, BE IT RESOLVED by the Wheat Ridge City Council, that: The Intergovernmental Agreement by and between the City of Lakewood and the City of Wheat Ridge concerning Wheat Ridge’s use of Lakewood’s forensic crime lab and personnel for calendar year 2018, attached to this Resolution and incorporated herein by reference, is hereby approved. The Mayor and City Clerk are authorized to execute the same. ATTACHMENT 1 2 DONE AND RESOLVED this _____ day of ____________, 2018. Bud Starker, Mayor ATTEST: Janelle Shaver, City Clerk AGREEMENT THIS AGREEMENT is made and entered as of the 1st day of January, 2018, by and between the CITY OF WHEAT RIDGE, COLORADO, a Colorado municipal corporation, (hereinafter referenced as “Wheat Ridge”), and the CITY OF LAKEWOOD, COLORADO, a Colorado municipal corporation, (hereinafter referenced as “Lakewood”). RECITALS WHEREAS, Lakewood possess both a forensic crime lab and personnel that provide services that enhance investigative capabilities on crime scenes; and WHEREAS, Wheat Ridge is desirous of utilizing these resources to more effectively manage its crime scene investigation; and WHEREAS, one (1) additional Crime Scene Analyst hired by Lakewood will adequately staff the crime response team sufficient to service Wheat Ridge’s needs; and WHEREAS, the effect of the additional Crime Scene Analyst will be that Wheat Ridge will receive services equivalent to one (1) full-time employee; and WHEREAS, the parties wish to establish a cooperative working relationship between them to provide for the use of the forensic crime lab and personnel hereafter described in this Agreement. COVENANTS NOW THEREFORE, in consideration of the recitals, covenants, and promises herein set forth and other good and valuable consideration herein received, the parties agree as follows: 1. Definitions. As used herein, the following terms have the meanings set forth: a. Ancillary scene/ancillary crime scene: A scene that is not the primary scene of a call-out. Ancillary scenes include, but are not limited to: hospitals, vehicles and the Lakewood Police Department when used to create search warrants and process victims and/or suspects. b. Call-out: A request made by either the Wheat Ridge or Lakewood Police Department for a Crime Scene Analyst, and any other personnel as may be deemed necessary, to visit a crime scene and to begin the investigation and analysis necessary to resolve that particular case. c. Court preparation: Includes, but is not limited to: photo processing and preparation, diagram production, pre-trial meetings, consultation and other work done to prepare for any court proceedings resulting from a crime scene investigation. d. Crime Scene/Scene: Either a primary or ancillary scene as defined in this section. ATTACHMENT 2 2 e. Crime Scene Analyst: A non-sworn member of the Lakewood Police Department specializing in crime scene investigation. f. Forensic crime lab/crime lab/lab: A lab specially designed to aid in the investigation and analysis of evidence found at a primary crime scene or any ancillary crime scene. g. Image analysis: Follow-up work done in the lab, which includes, but is not limited to: review of images and providing stills from surveillance tapes. h. Overtime: Time worked by any Crime Scene Analyst beyond the normal working hours as scheduled on a weekly basis. i. Primary scene/primary crime scene: The location where a crime is committed. 2. Availability of crime scene investigation resources. Lakewood shall make its forensic crime lab and personnel available to Wheat Ridge under the terms set forth in this Agreement. 3. Scope of services. Wheat Ridge may make a call-out request for a Crime Scene Analyst in the circumstances as set forth in Exhibit 1 (the “Call-out Policy”) herein attached. Lakewood shall provide the following services to Wheat Ridge in conjunction with each Wheat Ridge call-out: a. At least one (1) Crime Scene Analyst at the primary scene of the call-out; b. At least one (1) Crime Scene Analyst at any ancillary scenes; c. Chemical preparation for any required processing at a scene; and d. Follow-up preparation and evaluation of evidence in Lakewood’s or Wheat Ridge’s lab. Follow-up in the lab includes, but is not limited to: i. Documentation of clothing and other items of evidentiary value; ii. Bloodstain pattern analysis both at the scene and in the lab. Bloodstain pattern analysis includes presumptive testing for blood; iii. Field response latent print processing; iv. Footwear and tire track processing and comparison; v. Alternate light source examinations; vi. Image analysis; vii. Image processing and the archival storage and reproduction of images which includes: time, material and storage expense; viii. Report writing and diagramming, which includes laser mapping; 3 ix. Gunshot residue collection; x. Court preparation; and xi. Court testimony. e. Provide crime scene training to members of the Wheat Ridge Police Department when deemed necessary and appropriate, contingent upon the reasonable availability of Lakewood Crime Lab personnel to render such training. This training can include, but is not limited to: i. Police In-Service Training; ii. Basic Crime Scene Investigator (CSI) training; and iii. CSI Best Practices update training; f. Provide assistance and technical support for various community outreach programs that have been established by the Wheat Ridge Police Department, contingent upon the reasonable availability of Lakewood Crime Lab personnel. These programs include, but are not limited to: i. Wheat Ridge Volunteer Academy; ii. Wheat Ridge Civilian Police Academy; and iii. Wheat Ridge Police National Night Out Event. 4. Procedure. All evidence that is not needed for immediate forensic examination shall be booked into Wheat Ridge property and evidence. Wheat Ridge shall be responsible for any required viewings of evidence. 5. Standard, access and quality of service. With regard to all services provided under this Agreement, when responding to a request from Wheat Ridge, Lakewood shall provide the same standard of service, quality of service and accessibility to Wheat Ridge, as it does for all of its own call-outs. At a minimum, at least one (1) Crime Scene Analyst will respond to all primary and ancillary crime scenes. Additional personnel may be called to the scene as necessary and as they become available. In light of the addition of a new full-time Crime Scene Analyst pursuant to Paragraph 7(a) hereof, it is the expectation of the parties that this staffing increase will permit a Crime Scene Analyst to respond to any Wheat Ridge and/or Lakewood call-out for evidence collection. 6. Assignments. Assignments to each call-out shall be made by Lakewood. Wheat Ridge shall provide security for any Crime Scene Analyst who is at the scene of a Wheat Ridge incident. 7. Compensation. In return for services provided and access to crime scene investigation resources, Wheat Ridge shall compensate Lakewood in the following manner: a. Salary, benefits and other associated costs. Wheat Ridge shall pay the salary, benefits and other costs associated with Lakewood retaining one (1) full-time Crime Scene Analyst. During the first twelve (12) months of employment, salary for said employee shall not exceed $61,610. Salary shall be payable in advance in 4 quarterly installments of $15,402.50. Changes in salary, benefits, overtime and other associated costs of this Agreement shall be made during each party’s budget process, (typically completed in the months of May and June) but in no event shall such changes be communicated to the other party later than one (1) week prior to submission of the final budget to the party’s respective City Managers’ offices for approval. i. Overtime. Wheat Ridge shall pay all hourly overtime costs for Crime Scene Analysts on Wheat Ridge call-outs at the overtime rates paid by Lakewood for all overtime incurred by such Crime Scene Analysts. Within thirty (30) days of receipt of the invoice from Lakewood, Wheat Ridge shall pay all overtime costs incurred. The parties understand that this rate may change from time to time, upon 45 days advance written notice from Lakewood to Wheat Ridge. b. Replenishment of supplies. The City of Wheat Ridge agrees to provide replenishment of supplies consumed in the course of an investigation. These supplies include, but are not limited to, fingerprint powder, tape and brushes, casting material and chemicals used in the development of latent impressions and latent blood detection. c. Personnel support. The City of Wheat Ridge agrees to provide financial support for the analyst in the amount of $1,600 per year. This funds the employee’s training costs, pager, cell phone and clothing expenses. This fee will be billed quarterly in pro-rated amounts. d. Scope. This Agreement shall not be read to include access to Lakewood’s Computer Forensics Technician. 8. Staffing. The Lakewood forensic crime lab shall be staffed by Lakewood employees exclusively. Lakewood shall hire one (1) additional Crime Scene Analyst who will be a Lakewood employee for all purposes, including, but not limited to: discipline and supervision. 9. Records and retention. All physical records and evidence generated by the crime lab and its personnel shall remain in the possession of Lakewood for the limited purpose of forensic examination. Upon completion of such examination, such physical records and evidence shall be maintained by Wheat Ridge. Legal ownership of such records and evidence from any Wheat Ridge crime scene shall remain exclusively with Wheat Ridge. Wheat Ridge shall have all responsibility for responding to records inspection requests and any subpoenas for records with respect to Wheat Ridge crime scenes. 10. Use of facilities. Lakewood shall have access to the Wheat Ridge facilities necessary to carry out this Agreement. Furthermore, Lakewood shall have access to the evidence facility owned by Wheat Ridge located at 11220 W. 45th Avenue, Wheat Ridge, Colorado 80033-2500. 5 11. Compliance with Colorado Constitution Article X Section 20. The obligations of the parties hereunder are expressly subject to annual appropriation of amounts necessary in the sole and exclusive discretion of their respective governing bodies. Nothing in this Agreement constitutes or is intended to create a multi-year fiscal obligation or debt of either party within the meaning Article X, Section 20 of the Colorado Constitution. 12. Effective Date. This Agreement shall take effect on the 1st day of January, 2018, or upon execution of this Agreement by both parties, whichever event occurs last. 13. Term. The term of this Agreement shall be twelve (12) months from the Effective Date. 14. Termination. Either party may terminate this Agreement for any reason upon providing sixty (60) days notice to the non-terminating party; provided, however, that the non-terminating party is given at least thirty (30) days to effect a cure. Notice of termination must state the reason the party is terminating the Agreement such that the non-terminating party is given adequate information to cure. Any notice given under this section shall be sufficient if personally delivered or if sent by certified mail, return receipt requested, addressed as follows: If to Wheat Ridge: 7500 W. 29th Ave. Wheat Ridge, CO 80033 With a copy (which shall not constitute notice) to: Gerald E. Dahl Murray Dahl Kuechenmeister & Renaud LLP 2401 15th Street, Ste. 200 Denver, Colorado 80202 If to Lakewood: Lakewood Public Safety Ctr. 445 S. Allison Pkwy. Lakewood, CO 80226 With a copy (which shall not constitute notice) to: Office of the City Attorney Lakewood Civic Center 480 S. Allison Pkwy. Lakewood, CO 80226 Notices personally delivered shall be effective upon delivery. Mailed notices shall be effective three (3) business days after mailing. 15. Waiver. Failure to insist upon strict compliance with any of the terms, covenants and/or conditions hereof shall not be deemed a waiver of such terms, covenants and/or conditions, nor shall any waiver or relinquishment of any right or power hereunder at any one time or more times be deemed a waiver or relinquishment of such right or power at any other time or times. 6 16. Amendments to Agreement. No changes, alterations or modifications to any of the provisions hereof shall be effective unless contained in a written agreement signed by both parties. 17. Entire Agreement. This Agreement shall constitute the entire agreement between the parties hereto and shall supersede all prior contracts, agreements, proposals, representations, negotiations and letters of intent, whether written or oral, pertaining to the subject matter of this Agreement. 18. Governing law; severability. The laws of the State of Colorado shall govern the interpretation, validity, performance and enforcement of this Agreement. For the resolution of any dispute arising hereunder, jurisdiction and venue shall be proper and exclusive in the Courts of the County of Jefferson, State of Colorado. If any provision of this Agreement shall be held to be invalid or unenforceable, the validity and enforceability of the remaining provisions of this Agreement shall not be affected thereby. 19. Paragraph headings. Paragraph headings are inserted for convenience only and in no way limit or define the interpretation to be placed upon this Agreement. 20. Binding agreement. This Agreement shall be binding upon and for the benefit of the parties hereto, their successors and assigns. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written. WHEAT RIDGE: ATTEST: CITY OF WHEAT RIDGE, COLORADO By:______________________ By:__________________________ Janelle Shaver, City Clerk Bud Starker Mayor APPROVED AS TO FORM: By:_____________________________ Gerald Dahl, City Attorney 7 LAKEWOOD: ATTEST: CITY OF LAKEWOOD, COLORADO By:______________________ By:____________________________ Margy Greer, City Clerk Daniel McCasky, Chief of Police APPROVED AS TO FORM: By:_____________________________ Office of the City Attorney 8 Exhibit _1_ Call Out Policy Call Out Policy 1. Homicides and attempted homicides 2. Questionable (suspicious) and accidental deaths 3. Suicides 4. Felony Sex Assaults 5. First & Second degree assaults on police or fire personnel. 6. Assaults with potentially life threatening injuries to any person. 7. Fire investigations involving human death or potentially life threatening injuries; or at the request of fire investigators for technical assistance. 8. Felony child abuse. 9. First or Second degree kidnapping 10. Police involved shootings. 11. Other types of incidents when the sensitivity of the investigation or a forensic complexity precludes the normal processing option, at the discretion of the supervisor. ITEM NO: DATE: January 8, 2018 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 06-2018 – A RESOLUTION APPROVING THE 2018 POLICE RECRUIT TRAINING AGREEMENT TO PROVIDE LAW ENFORCEMENT ACADEMY TRAINING FOR SIX WHEAT RIDGE POLICE RECRUITS AT THE COMBINED REGIONAL ACADEMY PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO _______________________________ ______________________________ Chief of Police City Manager ISSUE: The Wheat Ridge Police Department (WRPD) is requesting approval of a training agreement between the City of Lakewood, on behalf of itself and Jefferson County, and the City of Wheat Ridge. The joint academy will train all new recruit police officers in 2018. PRIOR ACTION: The City of Lakewood requires a new agreement be signed for each recruit academy class. Similar agreements have been approved by City Council in past years. FINANCIAL IMPACT: The Jefferson County Sheriff’s Office and Lakewood Police Department Combined Regional Academy charges $6,000, per police recruit to attend this academy. The total amount of these fees has been budgeted by the Police Department and approved by City Council for the 2018 Budget in account # 01-207-700-728. The total cost of training the six recruits is $36,000, payable to the Lakewood Police Department. Council Action Form – Police Recruit Training Agreement January 8, 2018 Page 2 BACKGROUND: The Jefferson County Sheriff’s Office and Lakewood Police Department’s Combined Regional Academy currently holds two law enforcement training academy sessions, one in January and one in July. The Police Department uses this regional academy to train newly hired police recruits to become certified law enforcement officers as required by the Colorado Peace Officer’s Standards and Training Board (POST). For the January 2018 class, staff has reserved space for six police recruits to fill current position vacancies and to allow for attrition, which is likely to occur within the next six months. RECOMMENDATIONS: Staff recommends approval of this annual Police Recruit Training Agreement. RECOMMENDED MOTION: “I move to approve Resolution No. 06-2018, a resolution approving the 2018 Police Recruit Training Agreement to provide law enforcement academy training for six Wheat Ridge Police recruits at the Combined Regional Academy.” Or, “I move to postpone indefinitely Resolution No. 06-2018, a resolution approving the 2018 Police Recruit Training Agreement to provide law enforcement academy training for six Wheat Ridge Police recruits at the Combined Regional Academy, for the following reason(s) .” REPORT PREPARED/REVIEWED BY: Daniel Brennan, Chief of Police Patrick Goff, City Manager ATTACHMENTS: 1. Resolution No. 06-2018 2. 2018 Recruit Training Agreement CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 06 Series of 2018 TITLE: A RESOLUTION APPROVING THE 2018 POLICE RECRUIT TRAINING AGREEMENT TO PROVIDE LAW ENFORCEMENT ACADEMY TRAINING FOR SIX WHEAT RIDGE RECRUITS AT THE COMBINED REGIONAL ACADEMY WHEREAS, pursuant to C.R.S. § 29-1-203, the cities of Wheat Ridge and Lakewood, Colorado are authorized to enter into cooperative agreements with other governmental entities to provide any function, service or facility each is authorized to undertake; and WHEREAS, Lakewood and Wheat Ridge are each authorized to perform law enforcement functions pursuant to Section 6, Article XX of the Colorado Constitution and C.R.S. § 31-15-401; and WHEREAS, such law enforcement functions occasionally necessitate the training of new police officer recruits; and WHEREAS, Wheat Ridge does not employ a large enough number of police officer recruits or dedicated training staff to operate its own law enforcement training academy; and WHEREAS, the City of Lakewood operates a law enforcement training academy, in cooperation with the Jefferson County Sheriff’s Office; and WHEREAS, the Wheat Ridge Police Department recommends sending its police officer recruits to said academy, under those terms and conditions set forth in the intergovernmental agreement attached to this Resolution; and WHEREAS, the Wheat Ridge City Council (“Council”) finds that approval of the attached agreement would promote the public health, safety and welfare by providing cost-effective quality training to future Wheat Ridge police officers; and WHEREAS, the cost of attending the recruit training is $6,000 per recruit, and the police department has six new recruits to be trained; and WHEREAS, in accordance with Section 14.2 of the City’s Home Rule Charter, the City Council wishes to approve said intergovernmental agreement by resolution. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows: ATTACHMENT 1 2 The Police Recruit Training Agreement by and between the City of Lakewood and the City of Wheat Ridge, concerning the training of Wheat Ridge police officer recruits at the Combined Regional Academy at a cost of $6,000 per recruit, as attached to this Resolution and incorporated herein by reference, is hereby approved. The Mayor and City Clerk are authorized to execute the same. DONE AND RESOLVED this _____ day of January, 2018. Bud Starker, Mayor ATTEST: Janelle Shaver, City Clerk POLICE RECRUIT TRAINING AGREEMENT This POLICE RECRUIT TRAINING AGREEMENT (the “Agreement”) is made and entered into this 15th day of January, 2018 (the “Effective Date”), by and between the City of Lakewood, a home rule municipal corporation of the State of Colorado whose principal business address is 480 South Allison Parkway, Lakewood, Colorado 80226 (“Lakewood”), on behalf of itself and Jefferson County, Colorado (the “County), and the City of Wheat Ridge, a municipal corporation of the State of Colorado, with offices at 7500 West 29th Avenue, Wheat Ridge, Colorado 80033 (“Agency”). WITNESSETH: WHEREAS, Lakewood and the County conduct a joint academy for the training of law enforcement officers known as the Jefferson County Sheriff’s Office and Lakewood Police Department’s Combined Regional Academy (the “Academy”); and WHEREAS, Agency is desirous of having six of its police recruits (“Recruits”) attend the Academy; and WHEREAS, Article XIV, Section 18 of the Colorado Constitution and Part 2, Article 1, Title 29, C.R.S., encourage and authorize intergovernmental agreements among government entities to cooperate and contract with one another to provide any function, service or facility lawfully authorized to each. NOW, THEREFORE, for the mutual covenants and promises and other valuable consideration, the receipt and adequacy of which is expressly acknowledged, the parties hereby agree as follows: 1. Purpose. The purpose of this Agreement is to provide training of the Recruits at the Academy. 2. Term of Agreement. This Agreement shall have a term of six (6) months from the Effective Date. The provisions herein relating to insurance and the covenant not to sue shall survive the termination or expiration of this Agreement. 3. Description of Training. The Academy shall provide classroom instruction as well as all testing and evaluation of the Recruits as required by State of Colorado Peace Officer Standards and Training including, but not limited to, firearms training, police driving and arrest control. 4. Payment. Agency shall pay to Lakewood, at the commencement of the Academy, Six Thousand dollars ($6,000) for each Recruit to be trained at the Academy. 5. Termination. Either party may terminate this Agreement by providing to the non-terminating party, not less than fifteen (15) days prior to the date of termination, written notice of termination including the effective date thereof. 6. Independent Contractor Status. Lakewood, the County and Agency are all governmental entities (each, an “Entity”). No officer or employee of any Entity shall be considered or deemed an officer or employee of any other Entity for any purpose, including worker’s compensation insurance benefits and any other benefit. The Recruits are and shall remain ATTACHMENT 2 2 employees of Agency and as such are not eligible for any salary or benefits from Lakewood or the County. 7. Insurance. a. Agency shall continuously maintain statutory Worker’s Compensation employer’s liability coverage. Agency is responsible for any deductible losses under such policies or payment of any retention amounts under a self-insurance program. A certificate of insurance acceptable to Lakewood must be provided upon execution of this Agreement unless the parties arrange otherwise. b. Both parties shall maintain general and auto liability, law enforcement liability and public officials’ liability insurance. Agency agrees to provide a certificate of insurance to Lakewood stating that notice of any cancellation of such insurance will be provided to Lakewood not less than thirty (30) days prior to any such cancellation. All cancellation notices shall be sent to the City of Lakewood, Risk Management Division. 8. Covenant not to sue. Agency, in connection with the training of its Recruits as provided herein, hereby agrees to release, waive and discharge, and covenants not to sue, Lakewood and the County, and their respective officers, employees and insurers, from and against any and all claims, damages, liabilities, demands and court awards of any kind whatsoever, which arise from any acts or omissions of any Recruit while being trained pursuant to this Agreement or thereafter, that are in any manner connected with any Recruit, if such injury, loss or damage is or is claimed to be caused in whole or in part by the act, omission or other fault of any Recruit or the training of Recruits hereunder. The parties understand, are relying upon and do not waive or intend to waive by any provision of this Agreement the monetary limitations (presently $350,000 per person, and $990,000 per occurrence) or any other rights, immunities or protections, provided by the Colorado Governmental Immunity Act, Sections 24-10-101, et seq., C.R.S., as from time to time amended, or otherwise available to the parties and their officers or employees. 9. General Provisions. a. Integration. This Agreement contains the entire understanding among the parties, and no statement, promise or inducement made by either party that is not contained herein shall be valid or binding. This Agreement may not be enlarged, modified altered or extended except in writing, signed by the parties and endorsed herein. This Agreement shall inure to the benefit of and be binding upon Lakewood and Agency and their successors and assigns. b. Assignment. This Agreement shall not be assigned by either party. c. Severability. If any part of this agreement is held by the courts to be illegal or in conflict with any law of the State of Colorado, the validity of the remaining parts shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the contract did not contain the particular part held to be invalid. d. Venue. Venue for any and all legal actions regarding the transaction covered herein shall lie in the District Court in and for Jefferson County, Colorado, and this transaction shall be governed by the laws of the State of Colorado. 3 e. Authority. This instrument shall not constitute an agreement until accepted, in writing by the duly authorized representative of Lakewood and Agency. f. Electronic Disposition. The parties acknowledge and agree that the original of this Agreement, including the signature page, may be scanned and stored in a computer database or similar device, and that any printout or other output readable by sight, the reproduction of which is shown to accurately reproduce the original of this Agreement, may be used for any purpose as if it were the original, including proof of the content of the original writing. g. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original and all such counterparts taken together shall be deemed to constitute one and the same instrument IN WITNESS WHEREOF, the parties have executed this Agreement as of the Effective Date. CITY OF LAKEWOOD ______________________________________ Daniel J. McCasky, Chief of Police ATTEST: ___________________________________ Margy Greer, City Clerk APPROVED AS TO FORM: ______________________________________ Janet Young, Deputy City Attorney CITY OF WHEAT RIDGE Bud Starker, Mayor ATTEST: ___________________________________ Janelle Shaver, City/Town Clerk APPROVED AS TO FORM: Gerald Dahl, City Attorney ITEM NO: DATE: January 8, 2018 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 01-2018 – A RESOLUTION APPROVING A SIXTY-THREE LOT SUBDIVISION PLAT FOR PROPERTY ZONED MIXED USE NEIGHBORHOOD (MU-N) AT 11818 W. 52ND AVENUE (CASE NO. WS-17-01/HANCE RANCH) PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO _______________________________ _____________________________________ Community Development Director City Manager ISSUE: The applicant is requesting approval of a sixty-three lot subdivision plat for property zoned Mixed Use-Neighborhood (MU-N) at 11818 W. 52ND Avenue. The proposed platting area is approximately 3.91 acres. The purpose of the subdivision is to prepare the property for development of a sixty-three unit townhome project. PRIOR ACTION: Planning Commission reviewed this request at a public hearing held on December 7, 2017 and gave a recommendation of approval for the following reasons: 1. All requirements of the subdivision regulations have been met. 2. The proposed plat will facilitate redevelopment of the site consistent with the zone change and Concept Plan. 3. Utility districts can serve the property with improvements installed at the developer’s expense. With the following conditions: Council Action Form – Hance Ranch Subdivision January 8, 2018 Page 2 1. All minor corrections occur prior to public hearing in front of City Council. 2. A Subdivision Improvement Agreement be executed with required security prior to recordation of the subdivision plat. 3. The developer shall pay parks fees at the time of plat recording in the amount of $127,362. 4. The Homeowners’ Association covenants shall be reviewed and approved by Staff prior to issuance of a building permit. 5. There shall be no access from Tract A to Tabor Street. Attached are the staff report and minutes from the December 7, 2017, Planning Commission public hearing. Staff would note that all minor corrections have been made to the version of the plat attached to the Planning Commission report. FINANCIAL IMPACT: Fees in the amount of $1,982 were collected for the review and processing of Case No. WS-17-01. BACKGROUND: Subject Property The subject of this subdivision request is the northern 3.91 acres of the original Hance Ranch property. The Hance Ranch property was comprised of 6.57 acres and extended from West 52nd Avenue south to Ridge Road and from Tabor Street west to Taft Court. The site was most recently used agriculturally and has on it a house. Several farm-related accessory structures have already been demolished in anticipation of property development. Surrounding zoning and land use The properties that surround the subject site include a variety of land uses and zoning designations. To the west is an RV storage lot and the parking lot for the commuter rail station, both with Industrial-Employment zoning. To the south is Lot 2 of Hance Subdivision, Replat #1 with the right of way for the Tabor/Ridge Road intersection and the rail line tracks beyond. Abutting the property to the east across Tabor is a low-density residential neighborhood zoned R-2 which has a mix of single and two-family dwellings. Across W. 52nd Avenue to the north is a low-density residential neighborhood within unincorporated Jefferson County. This area has already seen a large amount of public improvement investment by RTD in preparation for the opening of the Gold Line and the Wheat Ridge Ward commuter rail station. Improvements already completed include the realignment of Tabor Street to the south, installation of a traffic signal at Tabor Street and Ridge Road, the construction of Taft Court between Ridge Road (previously called West 50th Place), and 52nd Avenue, and the construction of the commuter rail station and other infrastructure related to the commuter rail line. Prior Land Use Entitlements In preparation for development, the subject property and the adjacent land to the south have been through several entitlement processes prior to this application. These related and approved cases are summarized below for the purpose of providing additional background information but should not influence Council’s review of and decision upon the current subdivision application. Council Action Form – Hance Ranch Subdivision January 8, 2018 Page 3 Zone change (Case No. WZ-16-03) The subject property and the property to the south were rezoned from Residential-One (R-1) to Mixed Use-Neighborhood (MU-N) and Mixed Use-Commercial Transit Oriented Development (MU-C TOD), respectively, in 2016. The purpose of the rezoning was to allow for the mix of land uses, densities and urban form as contemplated in the Northwest Subarea Plan and to simplify the review and approval for future development on the property. The MU-C TOD zoning, applied to the adjacent southern property (2.6 acres), permits a wide range of commercial and residential uses to allow higher densities that support transit ridership and is intended to enhance connections to transit. The subject of this subdivision request (the northern 3.91 acres) was rezoned to Mixed Use- Neighborhood (MU-N), a zone district that was established to encourage medium density mixed use development in which residential uses are permitted, in addition to a limited range of neighborhood-serving commercial and retail uses. Concept Plan (Case No. WCP-16-03) A concept plan for phased development was reviewed and approved administratively in early 2017. The Concept Plan shows the entire property being bifurcated by West 51st Avenue to create two planning areas, the northern and southern planning areas. The northern planning area corresponds with the MU-N zoning and the limits of this subdivision application, and the southern area corresponds with the MU-C TOD zoning. The use approved for the northern planning area was up to 80 townhomes units, which is consistent with this subdivision application for 63 townhome lots. The southern planning area was approved for 250 multi-unit apartments or 60 townhome units. The Concept Plan also addresses traffic circulation, open space concepts and drainage. Two-lot subdivision plat (Case No. MS-17-03) The next application was a two-lot subdivision approved in June of 2017, which divided the property consistent with the approved zoning and Concept Plan. It also dedicated right-of-way for West W. 51st Avenue, which will be built as a full-width street between Taft Court on the west and Tabor Street on the east. The plat also vacated right-of-way for Taft Street and all prior easements. Eleven and one-half feet of right-of-way for was dedicated for Tabor Street. The two-lot subdivision was consistent with the zoning and concept plan for the property. Site Development Plan (Case No. WSP-17-04) Each of the two phases of development (north and south) will require site plan review to confirm compliance with the City’s adopted zoning and design codes. A site plan for the northern 3.91 acres has been submitted and is being reviewed administratively. It is proposed to have 63 townhome units consistent with the subdivision application. Council Action Form – Hance Ranch Subdivision January 8, 2018 Page 4 A separate site plan will be reviewed administratively for the southern 2.66 acres. This application has not yet been submitted. While all of these applications are related, they are not part of the platting request and should not influence the City Council’s review of the 63-lot subdivision. The purpose of a subdivision plat is not to review specific site plan details, but rather to confirm property boundaries, access, rights-of-way, easements, and utility service in order to create developable parcels. PLAT DESIGN Attached to the enclosed Planning Commission report is a copy of the proposed subdivision plat, which contains two sheets. Sheet 1 is the declaration page and contains the legal description, required signature blocks for property owners, a recording block and notes. Sheet 2 illustrates the new 63-townhouse lot configuration for the north parcel. Again, the property is 3.91 acres in size and is zoned MU-N. The features of the subdivision are described below. Lot/Tract Configuration The proposed townhouse development will have street frontages on all four sides with W. 52nd Avenue on the north, Tabor Street on the east, W. 51st Avenue on the south and Taft Court on the west. Sixty-three townhome lots are being shown grouped into structures containing two to five units. Each of the units will be on its own lot. There are eight tracts created by this plat, which will function for different purposes in the development. • Tract A: Contains the area for the major interior drive providing access from Taft Court and West 51st Avenue and internal circulation and parking to the individual units. It also encompasses a pedestrian path to the north for access to West 52nd Avenue. • Tract B: Contains the major open space feature for the development, which includes meandering walking paths with landscaping in a north/south configuration through the interior of the site. • Tract C: Contains the western detention pond along West 50th Place. • Tract D: Contains the eastern detention pond along West 50th Place. • Tracts E – H: Creates right-of-way to be dedicated for the four external corners of the subdivision to accommodate accessibility improvements on the public streets. Council Action Form – Hance Ranch Subdivision January 8, 2018 Page 5 On-Site Access and Circulation Access into the project is from Taft Court at the northwest corner of the site and from two access points from West 51st Avenue on the south. There is no direct access to Tabor Street. A series of internal drives are proposed to allow circulation through and access to the individual townhomes. The garages of the townhomes will be rear loaded from the internal drives. These are located within Tract A. Several pedestrian paths are provided through the interior of the site connecting it to the surrounding public street system. An east/west path connects Tabor Street with Taft Court and is located between Lots 6 and 7 in Blocks 2, 3, 4 and 5. These are contained in easements labeled P.A.D.U. (Pedestrian, Access, Drainage and Utility Easement). A north/south connection occurs between Lots 8 and 9 of Block 1 and on the western side of the western detention pond located in Tract C. All of the pedestrian paths will accommodate 5’ wide sidewalks with crosswalks where they intersect and cross the internal access drives. A primary outdoor activity area is located in Tract B extending between the detention pond in Tract C and the most northern portion of the interior drive. It will contain two meandering five- foot wide sidewalks, landscaping and cross connections to the east and west. The interior streets and pedestrian ways will be privately maintained. Staff is requesting review of the Homeowners’ Association covenants to ensure there are adequate provisions for maintenance of these common areas. Right-of-way dedication and street construction When new properties are created in the City through the subdivision process, staff reviews adjacent street improvements to confirm they meet current roadway design standards. The majority of necessary right-of-way dedications took place as part of the prior subdivision application. As previously noted, the development will have public streets on all four sides; Taft Court on the west, W. 52nd Avenue on the north, Tabor Street on the east and W. 51st Avenue on the south. • Taft Court: This is a new street constructed as part of the RTD Gold Line end-of-line station construction. Improvements consist of two lanes of traffic, a center turn lane, five-foot wide sidewalks with tree lawns and parallel parking. No additional right-of-way or work needs to occur to Taft Court. • W. 52nd Avenue: This street, which has 60’ of right-of-way, is currently paved with two travel lanes. There are no public improvements on either the south or north side. The proposed improvements to be installed on the south side by the developer will be curb and gutter, a 6’ wide sidewalk and a 6’ wide tree lawn. There will be enough pavement width to accommodate on-street parking adjacent to the new development. No additional right-of-way is needed for the street improvements. Council Action Form – Hance Ranch Subdivision January 8, 2018 Page 6 • Tabor Street: Right-of-way in the amount of 11.5’ was previously dedicated by the two- lot subdivision plat. Improvements will be installed by the developer consisting of curb and gutter, a 6’ wide sidewalk with a 6’ wide amenity zone. On-street parking will be allowed on the west side adjacent to the new development. • W. 51st Avenue: There is 63’ of dedicated right-of-way for 51st Avenue. Improvements will consist of two travel lanes, curb and gutter, 6’ wide tree lawns and 6’ wide separated sidewalks. Parallel parking will be provided on the both the north and south sides of the street. A Subdivision Improvement Agreement (SIA) will memorialize the developers’ obligations to complete these public improvements. On-Site Drainage Design When vacant land is developed, historic drainage patterns must be preserved and the flow entering and released from the site must be maintained consistent with existing conditions. The drainage proposal has been analyzed by Public Works and sufficient measures are being taken to ensure that historic and developed flows are being adequately addressed. Off-site historical flows from the larger upstream basin will be carried overland within proposed curb and gutter along the south side of W. 52nd Avenue and the west side of Tabor Street, where curb inlets will intercept and convey the flow in a proposed 48” pipe to the existing public storm system at Ridge Road. Historically the site drains towards the southeast where untreated stormwater from the site flows into Tabor Street to the east and Ridge Road to the south. On-site developed flow will be directed into two detention ponds lying in Tracts C and D along the south-central and southeasterly portion of the subdivision. The Tract C pond flows into the Tract D, which is designed with a water quality structure that releases treated stormwater at an acceptable rate into the proposed 48” public storm system within Tabor Street. Parkland Dedication Parkland dedication is required for all new residential subdivisions. When land is not dedicated for a public park, a fee in lieu of parkland is required. The Parks and Recreation Department has indicated that fees in lieu of land dedication will be required. This fee in the amount of $127,362 (63 units x $2021.62) is required to be paid prior to plat recording. This case has been through a standard referral process and all agencies can provide service subject to improvements installed at the developer’s expense. Public Works has reviewed and approved a drainage plan and report for the property. Council Action Form – Hance Ranch Subdivision January 8, 2018 Page 7 RECOMMENDED MOTION: “I move to approve Resolution No. 01-2018, a resolution approving a sixty-three lot subdivision plat for property zoned Mixed Use Neighborhood (MU-N) at 11818 W. 52nd Avenue (Case No. WS-17-01/Hance Ranch), for the following reasons: 1. City Council has conducted a proper public hearing meeting all public notice requirements as required by Section 26-109 and 26-407 of the Code of Laws. 2. The requested subdivision has been reviewed by the Planning Commission, which has forwarded its recommendation for approval. 3. All requirements of the subdivision regulations have been met. 4. The proposed plat will facilitate redevelopment of the site consistent with the zone change and Concept Plan. 5. Utility districts can serve the property with improvements installed at the developer’s expense. With the following conditions: 1. A Subdivision Improvement Agreement be executed with required security prior to recordation of the subdivision plat. 2. The developer shall pay parks fees at the time of plat recording in the amount of $127,362. 3. The Homeowners’ Association covenants shall be reviewed and approved by Staff prior to issuance of a building permit. 4. There shall be no access from Tract A to Tabor Street. Or, “I move to Deny Resolution No. 01-2018, a resolution approving a sixty-three lot subdivision plat for property zoned Mixed Use Neighborhood (MU-N) at 11818 W. 52nd Avenue (Case No. MS- 17-03/Hance Ranch), for the following reason(s): and direct the City Attorney to prepare a Resolution of Denial, to be scheduled for Council consideration at the next available regular business meeting.” REPORT PREPARED/REVIEWED BY: Meredith Reckert, Senior Planner Lauren Mikulak, Community Development Planning Manager Patrick Goff, City Manager ATTACHMENTS: 1. Resolution No. 01-2018 2. Planning Commission staff report 3. Planning Commission minutes CITY OF WHEAT RIDGE, COLORADO Resolution No. 01 Series 2018 TITLE: A RESOLUTION APPROVING A SIXTY-THREE LOT SUBDIVISION PLAT FOR PROPERTY ZONED MIXED USE NEIGHBORHOOD (MU-N) AT 11818 W. 52ND AVENUE (CASE NO. WS-17-01/HANCE RANCH) WHEREAS, Chapter 26, Article I of the Wheat Ridge Code of Laws establishes the procedures for the City’s review and approval of Subdivision Plats; and, WHEREAS, an application for a sixty-three lot subdivision plat was received from Baseline Engineering for Hance Ranch Development, LLC to subdivide property located at11818 W. 52nd Avenue in the Mixed Use- Neighborhood (MU-N) zone district; and, WHEREAS, all referral agencies have reviewed the request and do not have concerns; and, WHEREAS, all requirements of the zoning code and Subdivision Regulations have been met; and, WHEREAS, all required publishing, posting and notification requirements for a January 8, 2018, City Council public hearing have been met. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows: A RESOLUTION APPROVING A SIXTY-THREE LOT SUBDIVISION PLAT FOR PROPERTY ZONED MIXED USE NEIGHBORHOOD (MU-N) AT 11818 W. 52ND AVENUE (CASE NO. WS-17-01/HANCE RANCH) is HEREBY APPROVED FOR THE FOLLOWING REASONS: 1. City Council has conducted a proper public hearing meeting all public notice requirements as required by Section 26-109 and 26-407 of the Code of Laws. 2. The requested subdivision has been reviewed by the Planning Commission, which has forwarded its recommendation for approval. 3. All requirements of the subdivision regulations have been met. 4. The proposed plat will facilitate redevelopment of the site consistent with the zone change and Concept Plan. ATTACHMENT 1 5. Utility districts can serve the property with improvements installed at the developer’s expense. With the following conditions: 1. A Subdivision Improvement Agreement be executed with required security prior to recordation of the subdivision plat. 2. The developer shall pay parks fees at the time of plat recording in the amount of $127,362. 3. The Homeowners’ Association covenants shall be reviewed and approved by Staff prior to issuance of a building permit. 4. There shall be no access from Tract A to Tabor Street. DONE AND RESOLVED by the City Council this 8th day of January, 2018. By: _____________________________ Bud Starker, Mayor ATTEST: _________________________ Janelle Shaver, City Clerk O: Planning Commission CASE MANAGER: M. Reckert DATE OF MEETING: December 7, 2017 CASE NO. & NAME: WS-17-01 /Hance Ranch ACTION REQUESTED: Approval of a 63- lot subdivision on property zoned Mixed Use-Neighborhood (MU-N) LOCATION OF REQUEST: Northern portion of 11818 W. 52nd Avenue (Lot 1 of Hance Subdivision, Replat # 1) PROPERTY OWNER: Hance Ranch Development, LLC APPROXIMATE AREA: 3.91 acres PRESENT ZONING: MU-N PRESNET LAND USE: Single-family residence, vacant land ENTER INTO RECORD: CASE FILE & PACKET MATERIALS COMPREHENSIVE PLAN ZONING ORDINANCE/SUBDIVISION REGS DIGITAL PRESENTATION Subject site ATTACHMENT 2 Planning Commission WS-17-01/Hance Ranch All notification and posting requirements have been met; therefore, there is jurisdiction to hear this case. I.REQUESTThis application is for approval of a subdivision plat on property zoned Mixed Use –Neighborhood (MU-N) on the northern portion of 11818 W. 52nd Avenue, otherwise known as Lot 1, Hance’s Subdivision, Replat No. 1. The proposed subdivision will create sixty-three (63) townhome lots and eight tracts. The purpose of this application is to subdivide the lot inpreparation for construction of 63 townhome units. (Exhibit 1, Applicant Letter) Because this plat exceeds five parcels, it is being processed as a major subdivision (per Section 26-118 of the municipal code). In this case, Planning Commission will make a recommendation to City Council, which is the final authority for approval of a major subdivision. A neighborhood meeting is not required for a subdivision plat. II.PROPERTY HISTORY Please note that the property has been the subject of several prior land use applications. Where appropriate, pertinent documents have been attached as exhibits for the Commission’s reference. These related cases include the following: Zone change (Case No. WZ-16-03) The property, which was part of a larger piece comprising a total of 6.57 acres, was rezoned from Residential-One (R-1) to Mixed Use-Neighborhood (MU-N) and Mixed Use – Commercial Transit Oriented Development (MU-C TOD) in 2016. The purpose of the rezoning was to allow for the mix of land uses, densities and urban form as contemplated in the Northwest Subarea Plan and to simplify the review and approval for future development on the property. (Exhibit 2, zoning map) The MU-C TOD zoning, applied to the southern 2.6 acres, permits a wide range of commercial and residential uses to allow higher densities that support transit ridership and is intended to enhance connections to transit The subject of this subdivision request (the northern 3.91 acres) was rezoned to Mixed Use-Neighborhood (MU-N), a zone district that was established to encourage medium density mixed use development in which residential uses are permitted, in addition to a limited range of neighborhood-serving commercial and retail uses. Concept Plan (Case No. WCP-16-03) A concept plan for phased development was reviewed and approved administratively in early 2017. The Concept Plan shows the entire property being bifurcated by West 51st Avenue to create two planning areas, the northern and southern planning areas. The northern planning area corresponds with the MU-N zoning and the southern area corresponds with the MU-C TOD zoning (Exhibit 3, Concept Plan). Planning Commission WS-17-01/Hance Ranch The use approved for the northern planning area was up to 80 townhomes units. The southern planning area was approved for 250 multi-unit apartments or 60 townhome units. The Concept Plan also addresses traffic circulation, open space concepts and drainage. Two-lot subdivision plat (Case No. MS-17-03) The next application was a two-lot subdivision approved in June of 2017, which divided the property consistent with the approved zoning and Concept Plan. It also dedicated right-of-way for West W. 51st Avenue, which will be built as a full-width street between Taft Court on the west and Tabor Street on the east. The plat also vacated right-of-way for Taft Street and all prior easements. Eleven and one-half feet of right-of-way for was dedicated for Tabor Street. The two-lot subdivision was consistent with the zoning and concept plan for the property. (Exhibit 4, Two–lot plat) Site Development Plan (Case No. WSP-17-04) Each of the two phases of development will require site plan review to confirm compliance with the City’s adopted zoning and design codes. A site plan for the northern 3.91 acres has been submitted and is being reviewed administratively. It is proposed to have 63 townhome units. A separate site plan will be reviewed administratively for the southern 2.66 acres. This application has not yet been submitted. While all of these applications are related, they are not part of the platting request and should not influence the Planning Commission’s recommendation on the subdivision. The purpose of a subdivision plat is not to review specific site plan details, but rather to confirm property boundaries, access, rights-of-way, easements, and utility service in order to create developable parcels. III. EXISTING CONDITIONS The subject of this subdivision request is the northern 3.91 acres of the original Hance Ranch property. The Hance Ranch property was comprised of 6.57 acres and extended from West 52nd Avenue south to Ridge Road and from Tabor Street west to Taft Court. The site was most recently used agriculturally and has on it a house. Several farm-related accessory structures have already been demolished in anticipation of property development. (Exhibit 5, Aerial Photo) Surrounding zoning and land use The properties that surround the subject site include a variety of land uses and zoning designations. To the west is an RV storage lot and the parking lot for the commuter rail station, both with Industrial-Employment zoning. To the south is Lot 2 of Hance Subdivision, Replat #1 with the right of way for the Tabor/Ridge Road intersection and the rail line tracks beyond. Abutting the property to the east across Tabor is a low-density residential neighborhood zoned R-2 which has a mix of single and two-family dwellings. Across W. 52nd Avenue to the north is a low-density residential neighborhood within unincorporated Jefferson County. Planning Commission WS-17-01/Hance Ranch This area has already seen a large amount of public improvement investment by RTD in preparation for the opening of the Gold Line and the Wheat Ridge Ward commuter rail station. Improvements already completed include the realignment of Tabor Street to the south, installation of a traffic signal at Tabor Street and Ridge Road, the construction of Taft Court between Ridge Road (previously called West 50th Place), and 52nd Avenue, and the construction of the commuter rail station and other infrastructure related to the commuter rail line. (Exhibit 6, Site photos) IV. PROPOSED PLAT DOCUMENT Plat design Attached is a copy of the proposed subdivision plat, which contains two sheets. (Exhibit 7, Subdivision Plat) Sheet 1 is the declaration page and contains the legal description, required signature blocks for property owners, a recording block and notes. Sheet 2 illustrates the new 63-townhouse lot configuration for the north parcel. Again, the property is 3.91 acres in size and is zoned MU-N. The features of the subdivision are described below. Lot/Tract Configuration The proposed townhouse development will have street frontages on all four sides with W. 52nd Avenue on the north, Tabor Street on the east, W. 51st Avenue on the south and Taft Court on the west. Sixty-three townhome lots are being shown grouped into structures containing two to five units. Each of the units will be on its own lot. There are eight tracts created by this plat, which will function for different purposes in the development. • Tract A: Contains the area for the major interior drive providing access from Taft Court and West 51st Avenue and internal circulation and parking to the individual units. It also encompasses a pedestrian path to the north for access to West 52nd Avenue. • Tract B: Contains the major open space feature for the development, which includes meandering walking paths with landscaping in a north/south configuration through the interior of the site. • Tract C: Contains the western detention pond along West 50th Place. • Tract D: Contains the eastern detention pond along West 50th Place. • Tracts E – H: Creates right-of-way to be dedicated for the four external corners of the subdivision to accommodate accessibility improvements on the public streets. Planning Commission WS-17-01/Hance Ranch On-Site Access and Circulation Access into the project is from Taft Court at the northwest corner of the site and from two access points from West 51st Avenue on the south. There is no direct access to Tabor Street. A series of internal drives are proposed to allow circulation through and access to the individual townhomes. The garages of the townhomes will be rear loaded from the internal drives. These are located within Tract A. Several pedestrian paths are provided through the interior of the site connecting it to the surrounding public street system. An east/west path connects Tabor Street with Taft Court and is located between Lots 6 and 7 in Blocks 2, 3, 4 and 5. These are contained in easements labeled P.A.D.U. (Pedestrian, Access, Drainage and Utility Easement). A north/south connection occurs between Lots 8 and 9 of Block 1 and on the western side of the western detention pond located in Tract C. All of the pedestrian paths will accommodate 5’ wide sidewalks with crosswalks where they intersect and cross the internal access drives. A primary outdoor activity area is located in Tract B extending between the detention pond in Tract C and the most northern portion of the interior drive. It will contain two meandering five- foot wide sidewalks, landscaping and cross connections to the east and west. As previously noted, the development will have public streets on all four sides; Taft Court on the west, W. 52nd Avenue on the north, Tabor Street on the east and W. 51st Avenue on the south. • Taft Court: This is a new street constructed as part of the RTD Gold Line end-of-line station construction. Improvements consist of two lanes of traffic, a center turn lane, five-foot wide sidewalks with tree lawns and parallel parking. No additional right-of-way or work needs to occur to Taft Court. • W. 52nd Avenue: This street, which has 60’ of r-o-w, is currently paved with two travel lanes. There are no public improvements on either the south or north side. The proposed improvements to be installed on the south side by the developer will be curb and gutter, a 6’ wide sidewalk and a 6’ wide tree lawn. There will be enough pavement width to accommodate on-street parking adjacent to the new development. No additional right-of-way is needed for the street improvements. • Tabor Street: Right-of-way in the amount of 11.5’ was previously dedicated by the two-lot subdivision plat. Improvements will be installed by the developer consisting of curb and gutter, a 6’ wide sidewalk with a 6’ wide amenity zone. On-street parking will be allowed on the west side adjacent to the new development. Planning Commission WS-17-01/Hance Ranch The interior streets and pedestrian ways will be privately maintained. Staff is requesting review of the Homeowners’ Association covenants to ensure there are adequate provision for maintenance of these common areas. Right-of-way dedication and street construction When new properties are created in the City through the subdivision process, staff reviews adjacent street improvements to confirm they meet current roadway design standards. • W. 51st Avenue: There is 63’ of dedicated right-of-way for 51st Avenue. Improvements will consist of two travel lanes, curb and gutter, 6’ wide tree lawns and 6’ wide separated sidewalks. Parallel parking will be provided on the both the north and south sides of the street. A Subdivision Improvement Agreement (SIA) will memorialize the developers’ obligations to complete these public improvements. Onsite drainage design When vacant land is developed, historic drainage patterns must be preserved and the flow entering and released from the site must be maintained consistent with existing conditions. The drainage proposal has been analyzed by Public Works and sufficient measures are being taken to ensure that historic and developed flows are being adequately addressed. Off-site historical flows from the larger upstream basin will be carried overland within proposed curb and gutter along the south side of W. 52nd Avenue and the west side of Tabor Street, where curb inlets will intercept and convey the flow in a proposed 48” pipe to the existing public storm system at Ridge Road. Historically the site drains towards the southeast where untreated stormwater from the site flows into Tabor Street to the east and Ridge Road to the south. On-site developed flow will be directed into two detention ponds lying in Tracts C and D along the south-central and southeasterly portion of the subdivision. The Tract C pond flows into the Tract D, which is designed with a water quality structure that releases treated stormwater at an acceptable rate into the proposed 48” public storm system within Tabor Street. Parkland dedication Parkland dedication is required for all new residential subdivisions. When land is not dedicated for a public park, a fee is required in lieu of parkland is required. The Parks and Recreation Department has indicated that fees in lieu of land dedication will be required in the amount of $127,362 (63 x $2021.62). This fee is required to be paid prior to plat recording. Planning Commission WS-17-01/Hance Ranch VI. AGENCY REFERRAL All affected service agencies were contacted regarding their ability to serve the property. The developer will be responsible for any needed upgrades to accommodate the proposed development. Specific referral responses follow. Arvada Fire Protection District: Can serve the property with upgrades required at the developer’s expense. Three new hydrants will be required to be installed. All internal roads must be signed as fire lanes. CenturyLink: Has no objection to the plat. Fruitdale Sanitation District: Can serve the property with existing 8” lines in both 52nd Avenue and Tabor. Other required improvements must be paid for by the developer. Valley Water District: Can provide water service to the property. All required improvements will be installed at the developer’s expense. Wheat Ridge Public Works: Has reviewed and approved the drainage plan and plat. Wheat Ridge Police: No concerns with crime or traffic. Xcel Energy: Has no conflict with the plat. Will continue to work with the developer on natural gas and electric design details. V. STAFF CONCLUSIONS AND RECOMMENDATION Staff concludes that all requirements of the subdivision regulations have been met and that approval of the subdivision will facilitate development of the property. The proposed plat is consistent with the zoning and the approved Concept Plan. Because all internal and external agencies can provide service to the property with improvements installed at the developer’s expense, a recommendation of approval is given for Case No. WS-17-01. VI. RECOMMENDED MOTIONS OPTION A: “I move to recommend APPROVAL of Case No. WS-17-01, a request for approval of a 63-lot subdivision plat for property known as Lot 1 of Hance Subdivision, Replat #1, generally addressed as 11818 W. 52nd Avenue, for the following reasons: 1. All requirements of the subdivision regulations have been met. 2. The proposed plat will facilitate redevelopment of the site consistent with the zone change and Concept Plan. 3. Utility districts can serve the property with improvements installed at the developer’s expense. Planning Commission WS-17-01/Hance Ranch With the following conditions: 1. All minor corrections occur prior to public hearing in front of City Council. 2. A Subdivision Improvement Agreement be executed with required security prior to recordation of the subdivision plat. 3. The developer shall pay parks fees at the time of plat recording in the amount of $127,362. 4. The Homeowners’ Association covenants shall be reviewed and approved by Staff prior to issuance of a building permit.” OPTION B: “I move to recommend DENIAL of Case No. WS-17-01, a request for approval of a 63-lot subdivision plat for property known as Lot 1 of Hance Subdivision, Replat #1, generally addressed as 11818 W. 52nd Avenue, for the following reasons: 1. 2.” Planning Commission WS-17-01/Hance Ranch Exhibit 1 – Applicant letter Planning Commission WS-17-01/Hance Ranch Exhibit 2 – Zoning Map Property being subdivided Planning Commission WS-17-01/Hance Ranch Page Intentional Left Blank Exhibit 3 – Concept Plan Planning Commission WS-17-01/Hance Ranch Page Intentionally Left Blank Exhibit 4 – Two-lot Subdivision Planning Commission WS-17-01/Hance Ranch Exhibit 5 – Aerial Photo Site Planning Commission WS-17-01/Hance Ranch Exhibit 6 – Site Photos Looking west along 52nd Avenue Looking south from 52nd at front of house Planning Commission WS-17-01/Hance Ranch Looking south along Tabor – property is to the right Looking west from Tabor at property Planning Commission WS-17-01/Hance Ranch Looking southwest toward Tabor/Ridge intersection Planning Commission WS-17-01/Hance Ranch Page Intentionally Left Blank Exhibit 7 – Proposed Plat ATTACHMENT 3 ITEM NO: DATE: January 8, 2018 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 02-2018 – A RESOLUTION APPROVING A SIX-LOT SUBDIVISION PLAT FOR PROPERTY ZONED RESIDENTIAL-TWO (R-2) AT 2850 AND 2880 TELLER STREET (CASE NO. WS-17-02/TELLER STREET) PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO _______________________________ _____________________________________ Community Development Director City Manager ISSUE: The applicant is requesting approval of a six-lot subdivision plat for property zoned Residential- Two (R-2) at 2850 and 2880 Teller Street. The purpose of the subdivision is to split the development parcel in accordance with the R-2 zone district regulations to create six new single-family home sites. PRIOR ACTION: Planning Commission reviewed this request at a public hearing held on December 7, 2017 and gave a recommendation of approval for the following reasons: 1. The proposed lots meet or exceed the R-2 zone district regulations for single-family construction. 2. All requirements of the subdivision regulations have been met. 3. The proposed street system and drainage design provide a logical development pattern for the new parcels. 4. Utility districts can serve the property with improvements installed at the developer’s expense. Council Action Form – Teller Street Subdivision January 8, 2018 Page 2 With the following conditions: 1. All minor corrections occur prior to public hearing in front of City Council. 2. A Subdivision Improvement Agreement be executed whereby all private infrastructure improvements are in place prior to issuance of building permits for individual lots. 3. The developer pay parks fees at the time of plat recording in the amount of $12,486.45. 4. The Homeowners’ Association covenants be reviewed and approved by Staff prior to issuance of building permits. Attached are the Planning Commission report and meeting minutes from the December 7, 2017, Planning Commission public hearing. Staff would note that all minor corrections have been completed and are reflected on the plat document attached to the Planning Commission report. FINANCIAL IMPACT: Fees in the amount of $1420 were collected for the review and processing of Case No. WS-17-02. BACKGROUND: Subject Property The subject property is comprised of two parcels of land. Both parcels front onto Teller Street and contain 1.4 acres collectively. The property at 2880 Teller (northern parcel) is currently vacant but was most recently used for urban agriculture. The southern parcel (2850 Teller) has an existing single-family home on it, which will be demolished. The current zoning on the property is Residential-Two (R-2). The R-2 zone district was established to provide high quality, safe, quiet and stable low to moderate-density residential neighborhoods, and to prohibit activities of any nature, which are incompatible with the residential character. The minimum lot width for a single-family home in the R-2 district is 75 feet, and the minimum lot area is 9,000 square feet. Duplex development requires 12,500 square feet of lot area with 100’ of lot width. The proposed subdivision and intended use for single-family homes complies with the requirements for minimum development standards in the R-2 district. Surrounding zoning and land use The property is zoned R-2 as are the surrounding properties with some R-1 and R-1A zone districts beyond the immediate vicinity. The area predominately contains single-family homes with some duplexes and horse properties. Plat design Attached to the Planning Commission report is a copy of the proposed subdivision plat, which contains two sheets. Sheet 1 is the declaration page and contains the legal description, required signature blocks for property owners, recording information and notes. The notes, among other things, contain the city’s standard language regarding easements and detention pond maintenance. It also includes a note regarding maintenance of the common elements in the development. Council Action Form – Teller Street Subdivision January 8, 2018 Page 3 Sheet 2 contains the layout of the subdivision. The plat will subdivide the property into six new lots to be developed with single-family homes. All lots meet or exceed the R-2 minimum lot size of 9000 s.f. and lot width of 75’. The lots are arranged around a private drive extending east from Teller Street. Per Section 26-412.B. of the Zoning and Development Code, no more than four dwelling units may be accessed off a private drive and the access drive shall be no less than 25 feet in width. Lots 2, 3, 5, and 6 will gain access from the private drive. Lots 1 and 4 will have direct access to Teller Street, which is required and memorialized by General Note #10. Emergency access turnaround is provided by a “hammerhead” located between Lots 2 and 3. Tract A at the very southeast corner of the subdivision will serve as a stormwater detention area. The HOA will be responsible for maintenance of the shared access easement and detention pond. Staff will require review and approval of the HOA covenants to ensure that adequate provisions for maintenance have been made. When new properties are created through the subdivision process, staff reviews adjacent street improvements to confirm that they meet current roadway design standards. Teller Street is classified as a local street, and the City’s minimum standard for local streets includes curb, gutter, and a 5-foot attached sidewalk. The street is not wide enough to accommodate these improvements, so a 1.5’wide strip along Teller will be dedicated as right-of-way. The Public Works Department is asking for fees in lieu of construction of public improvements, as there is no curb, gutter and sidewalk to the south or north, and construction of curb and gutter may actually have a negative drainage impact on adjacent properties. On-site drainage When vacant land is developed, historic drainage patterns must be preserved and the flows entering and released from the site must be maintained consistent with pre-development conditions. Historically the site drains towards the southeast where untreated stormwater flows into the adjacent properties to the east. The on-site drainage proposal has been analyzed by Public Works and sufficient measures are being taken to ensure that historic and developed flows are being adequately addressed. Developed flows will be directed into a storm water detention pond lying in a tract in the southeasterly portion of the subdivision (Tract A). The pond is designed with a water quality structure that releases treated stormwater well below the historical release rate for the site, following historical drainage patterns. This case has been through a standard referral process and all agencies can provide service subject to improvements installed at the developer’s expense. Public Works has reviewed and approved a drainage plan and report for the property. Council Action Form – Teller Street Subdivision January 8, 2018 Page 4 RECOMMENDED MOTION: “I move to approve Resolution No. 02-2018, a resolution approving a six-lot subdivision plat for property zoned Residential-Two (R-2) at 2850 and 2880 Teller Street (Case No. WS-17-02/Teller Street), for the following reasons: 1. City Council has conducted a proper public hearing meeting all public notice requirements as required by Section 26-109 and 26-407 of the Code of Laws. 2. The requested subdivision has been reviewed by the Planning Commission, which has forwarded its recommendation for approval. 3. The proposed lots meet or exceed the R-2 zone district regulations. 4. All requirements of the subdivision regulations have been met. 5. Utility districts can serve the property with improvements installed at the developer’s expense. With the following conditions: 1. A Subdivision Improvement Agreement be executed whereby all private infrastructure improvements are in place prior to issuance of building permits for individual lots. 2. The developer pay parks fees at the time of plat recording in the amount of $12,486.45. 3. The Homeowners’ Association covenants be reviewed and approved by Staff.” Or, “I move to Deny Resolution No. 02-2018, a resolution approving a six-lot subdivision plat for property zoned Residential-Two (R-2) at 2850 and 2880 Teller Street (Case No. WS-17-02/Teller Street), for the following reason(s): and direct the City Attorney to prepare a Resolution of Denial, to be scheduled for Council consideration at the next available regular business meeting.” REPORT PREPARED/REVIEWED BY: Meredith Reckert, Senior Planner Lauren Mikulak, Community Development Planning Manager Patrick Goff, City Manager ATTACHMENTS: 1. Resolution No. 02-2018 2. Planning Commission staff report 3. Planning Commission minutes CITY OF WHEAT RIDGE, COLORADO Resolution No. 02 Series 2018 TITLE: A RESOLUTION APPROVING A SIX-LOT SUBDIVISION PLAT FOR PROPERTY ZONED RESIDENTIAL-TWO (R-2) AT 2850 AND 2880 TELLER STREET (CASE NO. WS-17-02 / TELLER STREET) WHEREAS, Chapter 26, Article I of the Wheat Ridge Code of Laws establishes the procedures for the City’s review and approval of Subdivision Plats; and, WHEREAS, an application for a six-lot subdivision plat was received from Lo-Hi Custom, LLC, to subdivide property located at 2850 and 2880 Teller Street in the Residential-Two (R-2) zone district; and, WHEREAS, all referral agencies have reviewed the request and do not have concerns; and, WHEREAS, all requirements of the Subdivision Regulations and the Residential-Two (R-2) zoning have been met; and, WHEREAS, all required publishing, posting and notification requirements for a January 8, 2018, City Council public hearing have been met. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows: A RESOLUTION APPROVING A SIX-LOT SUBDIVISION PLAT FOR PROPERTY ZONED RESIDENTIAL-TWO (R-2) AT 2850 AND 2880 TELLER STREET (CASE NO. WS-17-02/TELLER STREET) IS HEREBY APPROVED FOR THE FOLLOWING REASONS: 1. City Council has conducted a proper public hearing meeting all public notice requirements as required by Section 26-109 and 26-407 of the Code of Laws. 2. The requested subdivision has been reviewed by the Planning Commission, which has forwarded its recommendation for approval. 3. The proposed lots meet or exceed the R-2 zone district regulations. 4. All requirements of the subdivision regulations have been met. 5. Utility districts can serve the property with improvements installed at the developer’s expense. ATTACHMENT 1 With the following conditions: 1. A Subdivision Improvement Agreement be executed whereby all private infrastructure improvements are in place prior to issuance of building permits for individual lots. 2. The developer pay parks fees at the time of plat recording in the amount of $12,486.45. 3. The Homeowners’ Association covenants be reviewed and approved by Staff prior to issuance of building permits. DONE AND RESOLVED by the City Council this 8th day of January, 2018. By: _____________________________ Bud Starker, Mayor ATTEST: _________________________ Janelle Shaver, City Clerk Planning Commission WS-17-02/Teller Street 1 COMMUNITY DEVELOPMENT STAFF REPORT TO: Planning Commission CASE MANAGER: Meredith Reckert CASE NO. & NAME: WS-17-02/Teller Street Subdivision DATE OF MEETING: December 7, 2017 ACTION REQUESTED: A request for approval of a six-lot subdivision plat on property zoned Residential-Two (R-2) LOCATION OF REQUEST: 2850 and 2880 Teller Street APPLICANT: Lo-Hi Homes, LLC APPROXIMATE AREA: 1.4 acres PRESENT ZONING: Residential-Two (R-2) COMPREHENSIVE PLAN: Neighborhood ENTER INTO RECORD: (X) CASE FILE & PACKET MATERIALS (X) SUBDIVISION REGULATIONS (X) DIGITAL PRESENTATION Site ATTACHMENT 2 Planning Commission WS-17-02/Teller Street 2 All notification and posting requirements have been met; therefore, there is jurisdiction to hear this case. I. REQUEST The applicant is requesting approval of a 6-lot major subdivision on property zoned Residential-Two to accommodate six new single-family residential dwelling sites. The property is located at 2850 and 2880 Teller Street. Because this is a major subdivision, Planning Commission will be providing a recommendation to City Council who will be the final authority for approval. A neighborhood meeting is not required for a subdivision application. II. EXISTING CONDITIONS/PROPERTY HISTORY Subject Property The subject property is comprised of two parcels of land. Both parcels front onto Teller and contain 1.4 acres collectively. (Exhibit 1, Aerial photo) The property at 2880 Teller (northern parcel) is currently vacant but was most recently used for urban agriculture. The southern parcel (2850 Teller) has an existing single-family home on it, which will be demolished. (Exhibit 2, Site photos) The current zoning on the property is Residential-Two (R-2). The R-2 zone district was established to provide high quality, safe, quiet and stable low to moderate-density residential neighborhoods, and to prohibit activities of any nature, which are incompatible with the residential character. The minimum lot width for a single-family home in the R-2 district is 75 feet, and the minimum lot area is 9,000 square feet. Duplex development requires 12,500 square feet of lot area with 100’ of lot width. The proposed subdivision and intended use for single-family homes complies with the requirements for minimum development standards in the R-2 district. Surrounding zoning and land use The property is zoned R-2 as are the surrounding properties with some R-1 and R-1A zone districts beyond the immediate vicinity. The area predominately contains single-family homes with some duplexes and horse properties. (Exhibit 3, Zoning map) III. SUBDIVISION PLAT Plat design The proposed plat document is comprised of two sheets. (Exhibit 4, Subdivision Plat) Sheet 1 is the declaration page and contains the legal description, required signature blocks for property owners, recording information and notes. The notes, among other things, contain the city’s standard language regarding easements and detention pond maintenance. It also includes a note regarding maintenance of the common elements in the development. Sheet 2 contains the layout of the subdivision. The plat will subdivide the property into six new lots to be developed with single-family homes. All lots meet or exceed the R-2 minimum lot size of 9000 s.f. and lot width of 75’. Planning Commission WS-17-02/Teller Street 3 The lots are arranged around a private drive extending east from Teller Street. Per Section 26-412.B. of the Zoning and Development Code, no more than four dwelling units may be accessed off a private drive and the access drive shall be no less than 25 feet in width. Lots 2, 3, 5, and 6 will gain access from the private drive. Lots 1 and 4 will have direct access to Teller Street, which is required and memorialized by General Note #10. Emergency access turnaround is provided by a “hammerhead” located between Lots 2 and 3. Tract A at the very southeast corner of the subdivision will serve as a stormwater detention area. The HOA will be responsible for maintenance of the shared access easement and detention pond. Staff will require review and approval of the HOA covenants to ensure that adequate provisions for maintenance have been made. When new properties are created through the subdivision process, staff reviews adjacent street improvements to confirm that they meet current roadway design standards. Teller Street is classified as a local street, and the City’s minimum standard for local streets includes curb, gutter, and a 5-foot attached sidewalk. The street is not wide enough to accommodate these improvements, so a 1.5’wide strip along Teller will be dedicated as right-of-way. The Public Works Department is asking for fees in lieu of construction of public improvements, as there is no curb, gutter and sidewalk to the south or north. On-site drainage When vacant land is developed, historic drainage patterns must be preserved and the flows entering and released from the site must be maintained consistent with pre-development conditions. Historically the site drains towards the southeast where untreated stormwater flows into the adjacent properties to the east. The on-site drainage proposal has been analyzed by Public Works and sufficient measures are being taken to ensure that historic and developed flows are being adequately addressed. Developed flows will be directed into a storm water detention pond lying in a tract in the southeasterly portion of the subdivision (Tract A). The pond is designed with a water quality structure that releases treated stormwater well below the historical release rate for the site, following historical drainage patterns. One item of concern is an existing access easement on the northwest corner of Lot 1. This easement measures 9’ by 55.5’ and provides rear yard access to the property to the north addressed as 7198 W. 29th Avenue. It is currently paved. The applicant has indicated that this easement will be released by separate document and the improvement removed; however, Staff has not seen any evidence of this process occurring. As such, Staff recommends this issue be resolved prior to public hearing in front of City Council. See aerial photo below. Planning Commission WS-17-02/Teller Street 4 IV. AGENCY REFERRALS All affected service agencies were contacted regarding their ability to serve the property. The developer will be responsible for any needed upgrades to accommodate the proposed development. Specific referral responses follow. CenturyLink: Has no objection to the plat. Consolidated Mutual Water District: Can serve the property with improvements installed at the developer’s expense. West Metro Fire Protection District: There is an existing hydrant on the west side of Teller, which is acceptable for water supply. The proposed drive with hammerhead turn around is acceptable for fire apparatus access. The internal street must be maintained as a fire lane. Wheat Ridge Parks and Recreation Department: Will require fees in lieu of park land dedication. Wheat Ridge Sanitation District: Can serve the property with an existing 8” sanitary mainline running within Teller Street. Wheat Ridge Public Works: Has reviewed and approved the plat and a drainage plan and report. Both the plat and drainage report have been approved. Xcel Energy: Can serve. 2880 Teller 7198 W. 29th Avenue Location of access easement Planning Commission WS-17-02/Teller Street 5 V. STAFF CONCLUSION AND RECOMMENDATION Staff concludes that the plat is consistent with the City’s R-2 zone district minimums for single family development and that all requirements of the subdivision regulations have been met. Because agencies can provide service to the property with improvements installed at the developer’s expense, a recommendation of Approval is given for Case No. WS-17-02 with conditions itemized in Option A of the recommended motions. VI. RECOMMENDED MOTIONS OPTION A: “I move to recommend APPROVAL of Case No. WS-17-02, a request for approval of a six-lot major subdivision plat for property located at 2850 and 2880 Teller Street, for the following reasons: 1. The proposed lots meet or exceed the R-2 zone district regulations for single-family construction. 2. All requirements of the subdivision regulations have been met. 3. The proposed street system and drainage design provide a logical development pattern for the new parcels. 4. Utility districts can serve the property with improvements installed at the developer’s expense. With the following conditions: 1. All minor corrections occur prior to public hearing in front of City Council. 2. The 9’ x 55.5’ access easement on Lot 1 be resolved prior to public hearing in front of City Council. 3. A Subdivision Improvement Agreement be executed whereby all private infrastructure improvements are in place prior to issuance of building permits for individual lots. 4. The developer pay parks fees at the time of plat recording in the amount of $12,486.45. 5. The Homeowners’ Association covenants be reviewed and approved by Staff prior to issuance of building permits. OPTION B: “I move to recommend DENIAL of Case No. WS-17-02, a request for approval of a six-lot major subdivision plat for property located at 2850 and 2880 Teller Street, for the following reasons: 1. 2. 3.” Planning Commission WS-17-02/Teller Street 6 EXHIBIT 1: AERIAL PHOTO site Planning Commission WS-17-02/Teller Street 7 EXHIBIT 2: SITE PHOTOS View looking east towards from Teller towards northern property Planning Commission WS-17-02/Teller Street 8 View looking east from Teller towards southern property View looking east from Teller towards southern property Planning Commission WS-17-02/Teller Street 9 EXHIBIT 3 – ZONING MAP site Planning Commission WS-17-02/Teller Street 10 EXHIBIT 4 - PROPOSED PLAT ATTACHMENT 3 ITEM NO: DATE: January 8, 2018 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 20-2017 - AN ORDINANCE APPROVING A RADIO TOWER SPACE LICENSE AGREEMENT BETWEEN THE CITY OF WHEAT RIDGE AND DMR NETWORKS, INC. PUBLIC HEARING ORDINANCES FOR 1ST READING (11/27/2017) BIDS/MOTIONS ORDINANCES FOR 2ND READING (01/08/2018) RESOLUTIONS QUASI-JUDICIAL: YES NO _______________________________ ______________________________ Chief of Police City Manager ISSUE: In 2016, North Table Mountain was selected as an additional radio communication tower site for the City of Wheat Ridge, the City of Lakewood and the West Metro Fire Protection District to improve radio signal strength in areas lacking adequate coverage. DMR Networks owns a radio tower site at this location and have agreed to lease space at the tower site for the purposes of locating and operating Wheat Ridge Police Department radio communication equipment. This ordinance will approve the Tower Space License Agreement between the City of Wheat Ridge and DMR Networks, Inc. PRIOR ACTION: Council entered into an IGA with the City of Lakewood and the West Metro Fire Protection District for a shared communication system in 2014. At the November 27 regular meeting, Council adopted and approved Council Bill No. 20-2017, an ordinance approving a radio tower space license agreement for the North Table Mountain site. At that meeting, staff indicated that amendments would be drafted for second reading to the license agreement, specifically concerning indemnification and insurance. Council Action Form – DMR Radio Tower Lease January 8, 2018 Page 2 The public hearing that was originally scheduled for December 11, 2017 was continued until January 8, 2018 to allow the time necessary to make and approve the required amendments. FINANCIAL IMPACT: The overall financial impact for the City of Wheat Ridge should be less than current costs. In 2016, the cost to the City of Wheat Ridge for sharing the lease with West Metro Fire on Mount Morrison amounted to $21,103.69. In 2017, the lease and utility costs to Wheat Ridge for the North Table Mountain site was $19,748.74. The base fee will increase yearly by 3% plus utilities. This is similar to the lease costs that the City has incurred in relation to the current IGA. BACKGROUND: Currently the City of Wheat Ridge, the City of Lakewood and the West Metro Fire Protection District have an IGA for the shared use of the radio sites located on Mount Morrison and Green Mountain. In late 2015, the City of Lakewood approached Wheat Ridge and West Metro Fire regarding placing a third radio site on an existing tower, located on North Table Mountain near Golden, that increased radio coverage in areas of Wheat Ridge as well as portions of Lakewood. After completing coverage studies, the three agencies agreed to go forward with the project, which was mostly grant funded with some additional funding provided by the City of Lakewood, West Metro Fire and the City of Wheat Ridge. The project was completed in 2016. Currently the City of Wheat Ridge and West Metro Fire share the site lease costs for the Mount Morrison site, and the City of Lakewood is responsible for the Green Mountain site. The current IGA among the City of Wheat Ridge, the City of Lakewood and the West Metro Fire Protection District addresses ownership of the equipment at Green Mountain and Mount Morrison. Council has been presented with an addendum to the IGA to reflect the addition of the North Table Mountain site. The addendum reflects that the City of Lakewood will have responsibility and equipment ownership of the Green Mountain site, West Metro Fire shall have financial responsibility for the lease and ownership of equipment for the Mount Morrison Site and the City of Wheat Ridge shall have responsibility for the lease and ownership of equipment for the North Table Mountain site. RECOMMENDATIONS: Staff recommends approving the Tower Space License Agreement between the City of Wheat Ridge and DMR Networks, Inc. for the radio site located on North Table Mountain. RECOMMENDED MOTION: “I move to approve Council Bill No. 20-2017, an ordinance approving a Tower Space License Agreement between the City of Wheat Ridge and DMR Networks, Inc. on second reading and that it take effect 15 days after final publication.” Or, Council Action Form – DMR Radio Tower Lease January 8, 2018 Page 3 “I move to postpone indefinitely Council Bill No. 20-2017, an ordinance approving a Tower Space License Agreement between the City of Wheat Ridge and DMR Networks, Inc. for the following reason(s) .” REPORT PREPARED/REVIEWED BY: Larry Stodden, Communications Dave Pickett, Division Chief Daniel Brennan, Chief of Police Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No. 20-2017 2. DMR Networks, Inc. Tower Space License Agreement CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER POND Council Bill No. 20 Ordinance No. 1632 Series of 2017 TITLE: AN ORDINANCE APPROVING A RADIO TOWER SPACE LICENSE AGREEMENT BETWEEN THE CITY OF WHEAT RIDGE AND DMR NETWORKS, INC. 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, the City Police Department (“Department”) owns and operates radio communication equipment to assist it in its law enforcement duties and functions; and WHEREAS, the Department has a desire to locate certain radio communication equipment in the approximate area of North Table Mountain in Golden, Colorado; and WHEREAS, DMR Networks, Inc. d/b/a CallCom, Inc. (“DMR”) owns a radio tower site on North Table Mountain (“Tower Site”); and WHEREAS, DMR has expressed its willingness to lease space at the Tower Site to the City for purposes of locating and operating Department radio equipment, under those terms and conditions set forth in a proposed Tower Space License Agreement; and WHEREAS, the City Council finds and determines that it promotes the public health, safety and welfare to secure long-term appropriate locations for Department radio equipment, and that it is therefore desirable to approve the proposed license agreement, the term of which could be twenty years; and WHEREAS, Section 12.9 of the Wheat Ridge Home Rule Charter requires long-term leasehold and rental agreements to be approved by the City Council by ordinance. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. The Tower Space License Agreement between the City and DMR, attached hereto and incorporated herein by this reference, is hereby approved. The Mayor and Clerk are authorized to execute the same. Section 2. Safety Clause. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be attained. Section 3. Severability; Conflicting Ordinances Repealed. If any section, subsection or clause of this Ordinance shall be deemed 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 1 2 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 6 to 0 on this 27th day of November, 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 December 11, 2017: continued to January 8, 2018, 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 _____________________, 2018. SIGNED by the Mayor on this ________ day of ____________________, 2018. Bud Starker, Mayor ATTEST: Janelle Shaver, City Clerk Approved As To Form Gerald E. Dahl, City Attorney First Publication: November 30, 2017; December 14, 2017 Second Publication: Wheat Ridge Transcript Effective Date: 1 TOWER SPACE LICENSE AGREEMENT THIS AGREEMENT is made on January 8, 2018 by and between DMR Networks, Inc. dba CallComm, Inc. (“Licensor) and The City of Wheat Ridge. (“Licensee”). THE LICENSOR AND LICENESEE AGREE AS FOLLOWS: 1. Scope of License. Subject to the terms and conditions of this Tower Space License Agreement (“Agreement), Licensor hereby grants permission to Licensee to install, maintain and operate the radio communications equipment described in EXHIBIT A AND EXHIBIT B annexed hereto (“Equipment”) at Licensor’s communications site located at North Table Mountain, Golden, Colorado (“Site”). 2. Term. The term of this Agreement shall commence on January 1st, 2018 (“Commencement Date”) and shall continue for a period of five (5) years (“Initial Term”), with three (3) additional five (5) year renewal period (s) (“Renewal Term(s) “). The Renewal Term (s) shall commence automatically without further action on the part of Licensor or Licensee; provided, however, that either party may terminate this Agreement at any time during the first year of the Initial Term, or at the expiration of the Initial Term by giving the other party written notice not less than one hundred twenty (120) days prior, or at the expiration of any Renewal Term (s) by giving the other party written notice not less than one hundred twenty (120) days prior to the expiration of the then current term. 3. Fees. (a) Licensee shall pay to Licensor an annual fee for use of the tower site. The 2018 fee is Nineteen Thousand Thirteen Dollars and Forty Four Cents ($19,013.44) plus utility charges from the previous year. All proceeding years’ fees shall be payable no later than 30 days after the 28th day of every January. Subject to the provisions of Paragraph 5 (c) hereof, the Base Fee is exclusive of charges for the furnishing of electricity and other utilities to Licensee. (b) Effective on the anniversary of the Commencement Date of this Agreement during each year of the Initial Term and any Renewal Term(s), the then current Base Fee payable by Licensee to Licensor shall be increased by an amount equal to ( i ) three (3.00%) percent over the total Base Fee payable by Licensee for preceding year. (c) Licensee agrees that payment of any fees, additional fees or other payments set forth herein shall be due upon receipt of invoice from the Licensor, and that Licensee shall pay an additional charge of five (5.0%) percent of the annual fee for each payment made more than ten (10) days after it due date. Licensee further agrees that equipment will be disconnected for non-payment after 30 days of due date. (d) All sums payable hereunder by Licensee, including, but not limited to, the monthly Base Fee payable pursuant to this Section 3, shall be payable to DMR Networks, Inc. dba CallComm, P.O. Box 745145, Arvada, Colorado, 80006 , Att. Accounts Payable, or to such other address as Licensor shall designate. ATTACHMENT 2 2 4. Inspection of Site. The Site shall be provided in “AS IS” condition by Licensor. Licensee has visited and inspected the Site and accepts the physical condition thereof and acknowledges that no representations or warranties have been made to Licensee by Licensor as to the condition of the Site, including the tower or towers, as the case may be, and/or the storage facilities, or as to any engineering data. Licensee is responsible for determining all aspects as to the acceptability, accuracy and adequacy of the Site for Licensee, or to maintain, insure, operate or safeguard Licensee’s Equipment. 5. Installation, Maintenance and Operating Procedures. (a) Licensee shall install, maintain and operate its equipment during the term hereof in compliance with all present and future rules and regulations of any local, State, or Federal authority having jurisdiction with respect thereto (including, without limitation, the rules and regulations of the Federal Communications Commission (“FCC”) and the Federal Aviation Administration (“FAA”). Prior to the installation of its Equipment, or any modification or changes to the Equipment, if any (but excluding repairs, minor modifications and/or replacement with substantially similar equipment), Licensee shall comply with the following: (i) Licensee shall submit, in writing, all plans for such installations, modifications or changes for Licensor’s approval, such approval not to be unreasonably withheld or delayed, to DMR Networks, Inc. dba CallComm, P.O. Box 745135, CO., 80006, Att. Engineering, In order to assure Licensee’s compliance with the provisions of this Agreement, the plans and specifications for Licensee’s Equipment and any modifications thereto shall be submitted to engineers and consultants selected by Licensor for review and approval. All work performed at the Site in connection with the installation and modification of Licensee’s Equipment shall be performed at Licensee’s sole cost and expense either by Licensee’s employees or by contractors approved by Licensor, such approval not to be unreasonably withheld or delayed. Licensee shall require all contractors, as a condition to their engagement, to agree to be bound by provisions identical to those included in this Agreement, specifically those relating to the indemnification of Licensor and insurance requirements. The engagement of a contractor by Licensee shall not relieve Licensee of any of its obligations under this Agreement; (ii) All of Licensee’s Equipment shall be clearly marked to show Licensee’s name, address, telephone number and the frequency and location. All coaxial cable relating to the Equipment shall be identified in the same manner at the bottom and top of the line. At Licensor’s request, Licensee shall promptly deliver to Licensor written proof of compliance with all applicable Federal, State, and local laws, rules and regulations in connection with any installations or modifications of Equipment; and (iii) No work performed by Licensee, its contractors, subcontractors or materialsmen pursuant to this Agreement, whether in nature of construction, installation, alteration or repair to the Site or to Licensee’s Equipment, will be deemed to be for the immediate use and benefit of Licensor so that no mechanic’s or other lien will be allowed against the property and estate of Licensor by reason of any consent given by Licensor to Licensee to improve the Site. If any mechanic’s or other liens will at any time be filed against the Site or the property of which the Site is a part by reason of work, labor, services, or materials performed or furnished, or alleged to have been performed or furnished, to Licensee or to anyone using the Site through or under Licensee, Licensee will forthwith cause the same to be discharged of record or 3 bonded to the satisfaction of Licensor. If Licensee fails to cause such lien to be so discharged or bonded within ten (10) days after it has actual notice of the filing thereof, then, in addition to any other right or remedy of Licensor, Licensor may bond or discharge the same by paying the amount claimed to be due, and the amount so paid by Licensor, including reasonable attorneys’ fees incurred by Licensor either in defending against such lien or in procuring the bonding or discharge of such lien, together with interest thereon at the statutory rate, will be due and payable by Licensee to Licensor as an additional fee hereunder. (iv) Licensor reserves the right to require Licensee at its sole cost and expense, prior to the installation of the Equipment, to have a structural study of the tower performed by an engineer approved by Licensor. Licensor shall cooperate with Licensee and shall provide Licensee with any information available which is necessary to perform such study. Upon receipt of the structural study report (“Report”), Licensee shall provide a copy to Licensor for Licensor’s approval. Licensor shall have fifteen (15) days to either approve the Report (“Report Approval”) or inform Licensee of the Report’s deficiencies, such approval not to be unreasonably withheld or delayed. If Licensor fails to give Report Approval to the Report within forty-five (45) days of Licensee’s initial submission of the Report to Licensor, Licensee shall have the right to terminate this Agreement upon ten (10) days’ prior written notice to Licensor. In the Event Licensor gives Report Approval and such approved Report indicates that structural repairs or modifications are necessary to support Licensee’s Equipment, Licensee shall submit to Licensor a written construction proposal (“Proposal”) for the structural repairs or modifications. Licensor shall have ten (10) days from the date it receives the Proposal to either approve the Proposal or cancel the applicable Site Lease upon fifteen (15) days’ prior written notice to Licensee, in which case the parties shall have no further obligation with respect to this Agreement, except as specifically provided for herein. If Licensor approves the Proposal then Licensee shall either have such repairs or modifications performed at its sole cost and expense prior to the installation of the Equipment or Licensee may cancel this Agreement by giving fifteen (15) days’ prior written notice to Licensor, in which event all prepaid rent or fees shall be refunded to Licensee and the parties shall have no further obligation with respect to this Agreement, except as specifically provided for herein. (b) Notwithstanding anything to the contrary contained herein, Licensee agrees That in all matters where Licensor’s approval is required, and Licensor determines in its sole discretion that a threat of interference or other disruption with the business of Licensor or other existing licensees or tenants exists, Licensor shall have the absolute right to withhold such approval. (c) In the event Licensee requires an electric power supply and/or usage different from that currently at the Site and excluded within the Base Fee, Licensee shall, at its sole cost and expense, obtain such power supply. Any work performed in connection with this Paragraph 5 (c) shall comply with provisions of Paragraph 5 (a) hereof. Licensee hereby agrees that any power lines installed by Licensee shall run within the current easements of Licensor, and any deviation from such easement rights shall be corrected at Licensee’s expense, which sum shall be immediately due upon the rendering of an invoice as an additional fee hereunder. (d) In the event a zoning variance is required in connection with the installation or modification of the Equipment, Licensor shall have the right, at its discretion, to either (i) cancel this Agreement, or (ii) allow Licensee, at Licensee’s sole cost and expense, to obtain such variance. Licensor shall, at Licensee’s request and expense, reasonably cooperate with Licensee in obtaining such variance. 4 (e) Licensee shall have the right of ingress and to the Site egress, at Licensee’s sole cost and expense, for the purpose of maintenance and repair of Licensee’s Equipment twenty-four (24) hours per day, seven (7) days per week. Licensor shall provide Licensee with a key and/or combination to the lock (s) at the Site in order to facilitate such access. In the event Licensee should require Licensor’s assistance to gain access to the Site, Licensee shall reimburse Licensor for all costs and expenses incurred by Licensor as a result of such emergency access. All access to the Site shall be subject to the continuing control of, as well as the reasonable security and safety procedures established from time to time by, Licensor. (f) During the term of this Agreement, Licensee shall have the right of ingress and egress to the Site, as referenced in Paragraph 5 (e) above, damages to access roads and easements by the elements, of God, excepted. Access shall be limited only to authorized personnel of Licensee, and Licensee shall require said personnel to utilize only four-wheeled drive vehicles. All access to the Site by Licensee’s authorized personnel shall be at their own risk and Licensor shall not be held responsible for any acts of the personnel or the condition of the access roads or easements. 6. Interference. (a) The installation, maintenance and operation of the Licensee’s Equipment shall not interfere electrically, or in any other manner whatsoever, with the equipment, facilities or operations of Licensor or with any other licensees or tenants at the Site. Notwithstanding anything in this Agreement to the contrary, it is expressly understood and agreed that if the installation or operation of Licensee’s Equipment shall interfere: (i) With other radio communications systems and equipment installed prior to the Commencement Date of this Agreement, Licensee shall upon request (verbal or otherwise) immediately suspend its operations (except for intermittent testing) and do whatever Licensor deems necessary to eliminate or remedy such interference. If it is determined that such interference cannot be rectified., then Licensor may, at its option, terminate this Agreement upon written notice to Licensee, whereupon Licensee shall remove the Equipment at its sole cost and expense and in accordance with Section 8 herein. In the event Licensee fails to remove the Equipment within fifteen (15) days of such termination, Licensor may remove and store any and all of Licensee’s Equipment at Licensee’s sole cost and expense; or (ii) With any other radio communications systems and equipment installed at the Site after the Commencement Date of this Agreement, Licensee shall cooperate fully with Licensor and any future tenant or licensee injured by Licensee’s interference (“Future Party”) to remedy the interference. Licensee shall do whatever Licensor deems reasonably necessary to cure such interference, provided, however, that all costs related to remedying such interference is due to failure, defects of deficiencies in Licensee’s system, Equipment, or installation. (b) Licensee hereby acknowledges that Licensor has licensed, and will continue to license, space at and upon the Site to third parties for the installation and operation of radio communication facilities. Licensee accepts this Agreement with this knowledge and waives any and all claims against Licensor resulting from or attributable to interference caused by present or 5 future equipment, facilities or methods of operation employed by Licensor in its business upon the Site. Licensee also waives any and all claims against Licensor arising from interference resulting to Licensee by virtue of equipment, facilities or operations employed by any other licensee or tenant of Licensor in its business upon the Site. In the event that any such interference occurs that materially interferes with Licensee’s utilization of the Site, Licensee, as its sole remedy, in lieu of any and all other remedies at law, or in equity, may terminate this Agreement at any time thereafter by giving Licensor thirty (30) days’ prior written notice to that effect, and such termination shall be effective at the end of such thirty (30) day period, provided, however, that such termination will not be effective if Licensor eliminates such interference within thirty (30) days of Licensee’s termination notice. Licensee shall pay Licensor any fees due for the period up to the termination of this Agreement. Any advance payments for periods after the termination of this Agreement will be reimbursed to Licensee. (c) Licensor reserves the right to require Licensee to relocate one or more of its antenna (s) and Licensee agrees to relocate said antenna (s) at Licensee’s expense, provided that said relocation does not substantially change the operation of Licensee’s equipment. 7. Maintenance of Licensee’s Equipment. Licensee at its sole cost and expense shall be responsible for the maintenance of its equipment and improvements at the Site, if any, in accordance with all applicable laws and regulations and this Agreement. All maintenance work shall be performed by licensed contractors, previously approved in writing by Licensor, such approval not to be unreasonably withheld or delayed. In the event Licensor, in its opinion, determines that any structural modifications or repairs are needed to be made to any portion of the Site due to the presence of Licensee’s Equipment or other improvements, Licensor shall notify Licensee of the needed modifications or repairs, and the following procedures shall apply: (i) If structural modifications are necessary prior to Licensee’s installation or modifications of the Equipment, then either: (A) Licensee shall, at its sole cost and expense, promptly make all such noticed modifications in accordance with Section 5 hereof; or (B) If such noticed modifications are not completed within sixty (60) days of such notice, either party shall have the right to terminate this Agreement by giving the other party thirty (30) days’ prior written notice. (ii) If repairs are necessary due to the presence of Licensee’s Equipment, Licensee shall, at its sole cost and expense, promptly make all such noticed repairs in accordance with Section 5 hereof; provided, however, that in the event of an emergency, Licensor shall have the right to make such modifications or repairs at Licensee’s expense, upon notice to Licensee, and such sum shall be immediately due upon the rendering of an invoice as an additional fee hereunder. Each transmitter shall be equipped with a bandpass filter or duplexer providing a minimum of 60dB attenuation to adjacent receive frequencies. Additionally, all transmitters shall be equipped with an isolator, circulator or other directional device designed to prevent ingress of stray RF into the transmitter output circuits from the antennas. The isolator, circulator or other device shall provide a minimum of 50 dB isolation between the antenna and the transmitter output. Notwithstanding anything to the contrary contained within this Agreement, Licensee shall maintain and upgrade filtering and other appropriate devices on the Licensee’s Equipment so as at all times to eliminate or minimize interference and noise to a level (i) reasonably required by Licensor, and (ii) achievable through the use of state of the art technology. 6 8. Removal of Licensee’s Equipment. Provided that Licensee is not in default in the performance of its obligations Hereunder, at the expiration of this Agreement or earlier termination thereof, Licensee shall remove any and all of the Equipment. Such removal shall be performed pursuant to the guidelines set forth in Section 5 of this Agreement, without any interference, damage or destruction to any other equipment, structures or operations at the Site or any equipment of other licensee to tenants thereon. Licensee shall submit a removal plan for Licensor’s written approval, interference or damage caused to the Site or equipment of other licensees or tenants by such removal shall be immediately repaired or eliminated by Licensee. If Licensee fails to make such repairs, at Licensor’s sole cost and expense, within three (3) days after the occurrence of such damage, injury or interference, Licensor may perform all the necessary repairs at Licensee’s cost and expense and such sum shall be immediately due upon the rendering of an invoice as an additional fee hereunder. Should licensee be in default in performance of its obligations, all equipment will remain on site until all obligations have been met as per this contract. 9. Indemnification. (a) Within the limitations imposed by the Colorado Constitution and statutes, Licensee shall indemnify and hold Licensor harmless from ( i ) all costs of any damage done to Licensor’s or other licensees’ or tenants’ facilities or equipment located at the Site, that occur as a result of the installation, operation or maintenance of Licensee’s Equipment or other improvements; and ( ii ) any claims, demands, or causes of action for personal injuries, including any payments made under any workers compensation law or any plan of employee’s disability and death benefits, arising out of Licensee’s occupancy of the Site or the installation, maintenance and operation or removal of Licensee’s Equipment, except only such damages, costs, claims, causes of action or demands caused solely by the gross negligence or willful misconduct or Licensor. (b) Licensor shall not be responsible or liable to Licensee for any loss, damage or expense that may be occasioned by, through, or in connection with any acts or omissions of other licensees or tenants occupying the Site. Licensee hereby assumes the risk of the inability to operate as a result of any structural or power failures at the Site or failure of Licensee or Licensee’s Equipment for any reason whatsoever and , within the limitations imposed by the Colorado Constitution and statutes, agrees to indemnify and hold Licensor harmless from all damages and costs to defending any claim or suit for damages of any kind, including but not limited to business interruption and attorneys’ fees, asserted against Licensor by reason of such failure. (c) Within the limitations imposed by the Colorado Constitution and statutes, Licensee shall also indemnify and hold Licensor harmless from any losses, liabilities, claims, demands or causes of action for property damage or personal injuries, including any payment made under any worker’s compensation law or any plan of employees’ disability and death benefits, arising out of or resulting from any claims, damages, losses, liabilities or causes of action resulting in any way from radio frequency radiation emissions from Licensee’s Equipment or any other harmful effect of Licensee’s Equipment. 10. Damage or Destruction. Licensor and Licensee agree that Licensor shall in no way be liable for loss of use or other damage of any nature arising out of the loss, destruction or damage to the Site or to 7 Licensee’s Equipment located thereon, by fire, explosion, windstorms, water or any other casualty or acts of third parties. In the event the Site or any part thereof is damaged or destroyed by elements or any other cause, Licensor may elect to repair, rebuild, or restore the Site or any part thereof, to the same condition as it was immediately prior to such casualty. In such event, the payments required herein shall cease as of the date of usable condition for Licensee’s operation. If Licensor chooses not to repair, restore or build the Site, Licensor shall send to Licensee a notice of cancellation of this Agreement within thirty (30) days of such casualty. If this Agreement is canceled, the payments required herein shall terminate as of the date of such casualty. 11. Insurance. Licensee shall, during the term of this Agreement, cause the Equipment to be covered by its policy of insurance with the Colorado intergovernmental Risk Sharing Agency (CIRSA), or any successor policy. 12. Taxes. Licensee hereby acknowledges that the existence of Licensee’s Equipment and other improvements at the Site may result in an increase in the assessed valuation of the Site. Licensee agrees to reimburse Licensor upon receipt of documentation showing that Licensee’s Equipment or other improvements caused an increase in the assessed value of the Site, for Licensee’s proportionate share of any increases in the real estate taxes payable by Licensor as a consequence of the increase in assessed valuation. Licensor hereby agrees to cooperate with Licensee, at Licensee’s sole cost and expense, to obtain an abatement of any such increased assessment. In the event any sales, use or other tax shall be payable by Licensor in connection with this Agreement, Licensee shall reimburse Licensor on demand for such payments or shall furnish necessary documentation to the appropriate government authorities to show that fee payments hereunder shall be exempt from such sales, use or other tax. 13. Notices. All notices, demands, requests, or other communications which are required to be given, served or sent by one party to the other pursuant to this Agreement shall be in writing, and shall be mailed, postage prepaid, by registered or certified mail, or by a reliable overnight courier service with delivery verification, to the following addresses or such other address as may be designated in writing by either party: If to Licensor: DMR Networks, Inc. dba CallComm. P.O. Box 745135 Arvada, CO., 80006 Att. Accts Receivable If to Licensee: City of Wheat Ridge 7500 W. 29th Ave Wheat Ridge, CO 80033 Att. Radio Systems Management Notice given by certified or registered mail or by reliable overnight courier shall be deemed delivered on the date of receipt (or on the date receipt is refused) as shown on the certification of receipt or on the records or manifest of the U. S. Postal Service or such courier service. 8 14. Default. (a) Any one or more of the following events shall constitute a default (“Default”) by Licensee under this Agreement: (i) the failure of payment of fees, additional fees or other payments set forth herein and such failure continues for ten (10) days after Licensor provides written notice thereof Licensee; (ii) abandonment of either the Licensee Equipment or that portion of the Site upon which the Licensee Equipment was installed; (iii) prosecution of any case, proceeding or other action under any existing or future law of any jurisdiction, domestic or foreign relating to bankruptcy, insolvency, reorganization or relief with respect to Licensee, or seeking reorganization, arrangement, adjustment, winding-up liquidation, dissolution, composition or other relief with respect to Licensee or Licensee’s debts; (iv) the making by Licensee of an assignment or any other arrangement for the general benefits of creditors under any state statute; or (iv) Licensee’s failure to perform any other of its obligations under this Agreement and such failure continues for thirty (30) days after Licensor gives written notice thereof to Licensee. (b) In the event of a Default, Licensor shall be entitled at Licensor’s option to terminate this Agreement and to remove all of Licensee’s Equipment, improvements, personnel or personal property located at the Site at Licensee’s cost and expense. In the event that Licensor should, as a result of the Default in the performance by Licensee of its obligations hereunder, incur any costs or expenses on behalf of Licensee or in connection with Licensee’s obligations hereunder, such sums shall be immediately due to Licensor upon rendering of an invoice to Licensee as an additional fee hereunder. (c) At any time or from time to time after the removal of the Licensee’s property from the Site pursuant to Paragraph 15 (b) above, whether or not the current term of this Agreement shall have been terminated, Licensor may (but shall be under no obligation to) re- licenses Licensee’s former space at the Site, or any part thereof, for the account of the Licensor, for such term or terms (which may be greater than or less than the period which would otherwise have constituted the balance of the current term) and on such conditions (which may include concessions or free rent) and for such uses as Licensor, in Licensor’s absolute discretion, may determine, and may collect and receive payments therefrom. Licensor shall not be responsible or liable for any failure to re-license Licensee’s former space at the Site or any part thereof or for any failure to collect any payments due upon any such re-licensing. (d) No Default pursuant to this Section 15, by operation of law or otherwise (except as expressly provided herein), no removal of Licensee’s property from the Site pursuant to the terms of this Agreement, and/or no re-licensing of Licensee’s former space at the Site shall relieve Licensee of Licensee’s obligations or liabilities hereunder, all of which shall survive such Default, removal an/or re-licensing. Without limiting the foregoing, upon Licensee’s 9 removal from the Site pursuant to this Section 15, Licensee shall nonetheless remain liable for all license fees and other payments hereunder for the remainder of the then-current term. (e) All of the rights, powers, and remedies of Licensor provided for in this Agreement or now or hereafter existing at law or in equity, or by statute or otherwise, shall be deemed to be separate, distinct, cumulative, and concurrent. No one or more of such rights, powers, or remedies, nor any mention of reference to any one or more of them in this Agreement, shall be deemed to be in the exclusion of, or a waiver of, any other rights, powers, or remedies provided for in this Agreement, or now or hereafter existing at law or in equity, or by statute or otherwise. The exercise or enforcement by Licensor of any one or more of such rights, powers, or remedies shall not preclude the simultaneous or later exercise or enforcement by Licensor of any or all of such other rights, powers, or remedies. 15. Assignment. (a) Licensor reserves the right to assign, transfer, mortgage or otherwise encumber the Site and/or its interest in this Agreement. Licensee shall upon demand execute and deliver to Licensor such further instruments subordinating this Agreement, as may be required by Licensor in connection with Licensor’s contemplated transaction. (b) Licensee may not assign, transfer, or otherwise encumber its interest in this Agreement without the prior written consent of Licensor, such consent not to be unreasonably withheld or delayed. Notwithstanding the foregoing, Licensor agrees that Licensee may assign this Agreement, upon prior notice to Licensor but without Licensor’s consent, to (i) Licensee’s parent; or (ii) any entity acquiring a controlling interest of Licensee’s stock or to any party which acquires substantially all of the assets of Licensee. 16. Miscellaneous. (a) ARTICLE X, SECTION 20/TABOR The parties understand and acknowledge that the Licensee is subject to Article X, § 20 of the Colorado Constitution ("TABOR"). The parties do not intend to violate the terms and requirements of TABOR by the execution of this Agreement. It is understood and agreed that this Agreement does not create a multi-fiscal year direct or indirect debt or obligation within the meaning of TABOR and, therefore, notwithstanding anything in this Agreement to the contrary, all payment obligations of the Licensee are expressly dependent and conditioned upon the continuing availability of funds beyond the term of the Licensee’s current fiscal period ending upon the next succeeding December 31. Financial obligations of the Licensee payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available in accordance with the rules and regulations of the City of Wheat Ridge and other applicable law. Notwithstanding any other provision of this Agreement concerning termination, upon the Licensee’s failure to appropriate such funds, this Agreement shall automatically terminate. (b) This Agreement shall not be modified, extended or terminated (other than as set forth herein) except by an instrument duly signed by Licensor and Licensee. Waiver of a breach of any provision hereof under any circumstances will not constitute a waiver of any subsequent breach of such provision, or of a breach of any other provision of this Agreement. 10 (c) Licensor and Licensee represent and warrant to each other that no broker was involved in connection with this transaction and each party agrees to indemnify and hold the other harmless from and against the claims of any broker made in connection with this transaction. (d) No modification, termination or surrender of this Agreement or surrender of Licensee’s space at the Site or any part thereof or of any interest therein by Licensee shall be valid or effective unless agreed to and accepted in writing by Licensor, and no act by any representative or agent of Licensor, other that such a written agreement and acceptance, shall constitute an acceptance thereof. (e) This Agreement embodies the entire agreement between the parties. If any provision herein is invalid, it shall be considered deleted from this Agreement and shall not invalidate the remaining provisions of this Agreement. (f) This Agreement may be executed in counterpart copies, each of which shall be deemed an original, but which together shall constitute a single instrument. (g) All section heading and captions used herein are for the convenience of the parties only and shall not be considered a substantive part of the Agreement. (h) Each of the parties hereto acknowledges to the other that it has had this Agreement reviewed by counsel of its choice and has been assisted by such counsel in the negotiation, preparation, execution and delivery of this Agreement. (i) This Agreement shall be governed by and construed in accordance with the laws of the state of Colorado. (j) This Agreement creates a license only and Licensee acknowledges that Licensee does not and shall not claim at any time, any real property interest or estate of any kind or extent whatsoever in the Site by virtue of this Agreement of Licensee’s use of the Site pursuant hereto. Nothing herein contained shall be construed as constituting a partnership, joint venture or agency between Licensor and Licensee. (k) Neither this Agreement nor any memorandum hereof shall be recorded in the land records of any county or city or otherwise without the prior written consent of Licensor. (l) Licensee shall pay all its utility expenses on an annual basis as determined by the Licensor. Licensor shall invoice Licensee for utilities on an annual basis. 11 IN WITNESS WHEREOF, the undersigned have executed this Agreement as of the date first written above. Licensor: DMR Networks, Inc. dba CallComm. By: _________________________________ Name: Alex Doyle Title: ___Treasurer/CFO_______________________ Licensee: City of Wheat Ridge By: _________________________________ Name: Title: _____________________ 12 EXHIBIT A – ANTENNA HARDWARE LIST 1- TX 101-90-08-3-03 Omni (UHF band) antenna system 1- Rx 101-90-08-3-03 Omni (UHF band) antenna system 1 -2’ SHF dish antenna system (SHF band) 13 EXHIBIT B – INTERIOR EQUIPMENT 8 channel MSTR V P25 Phase 2 TDMA capable repeater station and associated Rf/network equipment (UHF band) NEC 9500 SHF radio and associated back haul equipment (SHF band) -48 VDC power plant / 21 hr battery backup modules/ 12-24 vdc power convertors stations Redundant AC units 14 ATTACHMENT A – BANDS OF FREQUENCIES UHF for MSTRV P25 repeater and SHF frequency bands NEC 9500 back haul. ITEM NO: DATE: January 8, 2018 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 03-2018 – A RESOLUTION APPROVING A SPECIAL USE PERMIT TO ALLOW A MAJOR AUTOMOTIVE REPAIR FACILITY ON PROPERTY ZONED COMMERCIAL-ONE (C-1) LOCATED AT 11072 WEST 44TH AVENUE AND 4380 PIERSON STREET (CASE NO. SUP-17-04/SUBAPROS) PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO _______________________________ _____________________________________ Community Development Director City Manager ISSUE: The applicant is requesting approval of a Special Use Permit (SUP) to allow a major automotive repair facility at 11072 W. 44th Avenue and 4380 Pierson Street. The property is zoned Commercial-One (C-1). The case was initiated as an administrative review; however written objections to the application were received during the public notice period. When objections are received, the special use request is required to be considered by City Council at a public hearing. PRIOR ACTION: The applicant attended the required pre-application meeting on October 19, 2017 and required neighborhood meeting on November 8, 2017. A formal application was received on November 17, 2017 and the 10-day public posting occurred from November 29 to December 8. There has been no previous action by any City board or commission on this application. Council Action Form – SUP SubaPros January 8, 2018 Page 2 FINANCIAL IMPACT: One-time fees in the amount of $520 were submitted with the application. BACKGROUND: Existing Conditions The property is located along W. 44th Avenue between Parfet Street and Pierson Street. The subject property is zoned Commercial-One (C-1), as are the nearby properties located along 44th Avenue. To the north and south of W. 44th Avenue are residential neighborhoods zoned Residential-Two (R-2), Residential-Three (R-3), Planned Residential Development (PRD), and Agricultural-One (A-1). A patchwork of zones and uses exist further to the east and west along W. 44th Avenue. The site consists of four parcels, three of which are located along W. 44th Avenue and addressed as 11072 W. 44th Avenue. A fourth parcel, 4380 Pierson Street, is located to the south of the other parcels. The four parcels are held under one ownership and being sold together. According to the Jefferson County Assessor, 11072 W. 44th Avenue is 52,055 square feet (1.20 acres) and the primary structure was built in 1950. The property at 4380 Pierson Street is 9,147 square feet (.21 acres) and the existing structure on the property was built in 1958. At some point it was converted from a house to a commercial space. The four lots combine to total 61,202 square feet (1.41 acres) in size and contain five buildings. The site is currently used as a pump storage facility, with some minor assembly occurring on the site. Based on the City’s business license records and land cases, it has been operating as such under various licenses since the 1970s. It is fenced and includes 35 parking spaces. Special Use Request The applicant is proposing to use the existing buildings on the site to operate a Subaru repair facility. The primary structure, at the corner of 44th and Pierson, would contain the reception area, the parts department, and the engine assembly area. The building to the east would contain the primary auto repair area. The building to the south of the main building would contain a new paint booth. The building at the east end of the site would have a secondary repair facility. The building furthest to the south, at 4380 Pierson, would be retained for future use. In general, the structures which would include major auto repair functions are located in buildings which are closer to 44th Avenue. The applicant has plans to make cosmetic upgrades to the site, including new roofs, exterior paint, interior renovations, and re-paving the parking area, which is in poor condition. The impetus for relocating to this site is that the applicant wishes to own their facility, rather than continue to lease in their current location in unincorporated Jefferson County. The case has been through a standard referral process. All referral agencies are currently serving the property and have no objections to the request. Council Action Form – SUP SubaPros January 8, 2018 Page 3 Per City Code, the City Council shall use the criteria in Section 26-114 of the code to evaluate the applicant’s request for a Special Use Permit. A detailed staff report is enclosed with this criteria analysis, as well as additional information on the existing conditions, referral comments, and public comment received to date. As detailed in the attached staff report, staff is ultimately recommending approval of this request. RECOMMENDED MOTION: “I move to approve Resolution No. 03-2018, a resolution approving a Special Use Permit to allow the operation of a major automotive repair facility in the Commercial-One (C-1) zone district located at 11072 W. 44th Avenue and 4380 Pierson Street for the following reasons: 1. City Council has conducted a proper public hearing that meets all public notice requirements as required by Section 26-109 of the Code of Laws. 2. The proposed Special Use Permit has been reviewed by the Community Development Department, which has forwarded its recommendation of approval. 3. The proposed Special Use Permit has been found to comply with the “criteria for review” in Section 26-114-D of the Code of Laws. With the following conditions: 1. Landscaping improvements along the W. 44th Avenue frontage and at the corner with Pierson Street will be required before a certificate of occupancy may be issued, including: a. A four-foot fence along the north property line to screen the parking area, b. Irrigation and plant material in the existing ±800-square foot bed at the northwest corner, and c. Maintenance of the existing ±800-square foot bed at the northeast corner and along the east property line. 2. Pursuant to Section 26-502.E.12.j of the Wheat Ridge Code of Laws, no parking area shall be used for the sale, storage, repair of, dismantling or servicing of any vehicles, equipment materials or supplies; vehicles stored in excess of seventy-two (72) hours for the purpose of being repaired must be screened from view from adjacent streets and properties by a six- foot-high solid fence. 3. The Special Use Permit shall be granted to the applicant, SubaPros, and shall not be transferred or assigned. Or, “I move to deny Resolution No. 03-2018, a resolution approving a Special Use Permit to allow the operation of a major automotive repair facility in the Commercial-One (C-1) zone district located at 11072 W. 44th Avenue and 4380 Pierson Street for the following reason(s): and direct the City Attorney to prepare a Resolution of Denial, to be scheduled for Council consideration at the next available regular business meeting.” Council Action Form – SUP SubaPros January 8, 2018 Page 4 REPORT PREPARED/REVIEWED BY: Scott Cutler, Planning Technician Lauren Mikulak, Planning Manager Kenneth Johnstone, Community Development Director Patrick Goff, City Manager ATTACHMENTS: 1. Resolution No. 03-2018 2. Staff report with exhibits CITY OF WHEAT RIDGE, COLORADO Resolution No. 03 Series of 2018 TITLE: A RESOLUTION APPROVING A SPECIAL USE PERMIT TO ALLOW A MAJOR AUTOMOTIVE REPAIR FACILITY ON PROPERTY ZONED COMMERCIAL-ONE (C-1) LOCATED AT 11072 WEST 44TH AVENUE AND 4380 PIERSON STREET (CASE NO. SUP-17-04/SUBAPROS) WHEREAS, Chapter 26, Articles I and IV of the Wheat Ridge Code of Laws establish the procedures for the City’s review and approval of special use permits; and, WHEREAS, an application for a Special Use Permit has been received from SubaPros to allow a major automotive repair facility in a C-1 zone district located at 11072 W. 44th Avenue and 4380 Pierson Street; and WHEREAS, the request for a Special Use Permit began as an administrative process which registered written objections after the neighborhood meeting, requiring a City Council public hearing; and, WHEREAS, all referral agencies have reviewed the request and do not have concerns; and, WHEREAS, all required publishing, posting and notification requirements for a January 8, 2018 City Council public hearing have been met. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows: A SPECIAL USE PERMIT FOR PROPERTY ZONED COMMERCIAL-ONE (C-1) LOCATED AT 11072 WEST 44TH AVENUE AND 4380 PIERSON STREET IS HEREBY APPROVED, FOR THE FOLLOWING REASONS: 1. City Council has conducted a proper public hearing that meets all public notice requirements as required by Section 26-109 of the Code of Laws. 2. The proposed Special Use Permit has been reviewed by the Community Development Department, which has forwarded its recommendation of approval. 3. The proposed Special Use Permit has been found to comply with the “criteria for review” in Section 26-114-D of the Code of Laws. And with the following conditions: 1. Landscaping improvements along the W. 44th Avenue frontage and at the corner with Pierson Street will be required before a certificate of occupancy may be issued, including: a. A four-foot fence along the north property line to screen the parking area, ATTACHMENT 1 b. Irrigation and plant material in the existing ±800-square foot bed at the northwest corner, and c. Maintenance of the existing ±800-square foot bed at the northeast corner and along the east property line. 2. Pursuant to Section 26-502.E.12.j of the Wheat Ridge Code of Laws, no parking area shall be used for the sale, storage, repair of, dismantling or servicing of any vehicles, equipment materials or supplies; vehicles stored in excess of seventy- two (72) hours for the purpose of being repaired must be screened from view from adjacent streets and properties by a six-foot-high solid fence. 3. The Special Use Permit shall be granted to the applicant, SubaPros, and shall not be transferred or assigned. DONE AND RESOLVED this 8th day of January 2018. _____________________________ Bud Starker, Mayor ATTEST: _________________________ Janelle Shaver, City Clerk 1 CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: City Council DATE: December 29, 2017 CASE MANAGER: Scott Cutler CASE NO. & NAME: SUP-17-04 / SubaPros ACTION REQUESTED: Approval of a Special Use Permit to allow a major automotive repair facility in the Commercial-One (C-1) zone district. LOCATION OF REQUEST: 11072 W. 44th Avenue & 4380 Pierson Street APPLICANT (S): Don Grove & Peter Kula, SubaPros APPROXIMATE AREA: 61,202 square feet (1.41 acres) PRESENT ZONING: Commercial-One (C-1) PRESENT LAND USE: Office/warehouse (vacating soon) ENTER INTO RECORD: (X) CASE FILE & PACKET MATERIALS (X) COMPREHENSIVE PLAN (X) ZONING ORDINANCE Location Map Site ATTACHMENT 2 City Council Case No. SUP-17-04 / SubaPros 2 JURISDICTION: All notification and posting requirements have been met; therefore, there is jurisdiction to review this case. I. REQUEST Case No. SUP-17-04 is an application by SubaPros to operate a major automotive repair facility on property zoned Commercial-One (C-1) and located at 11072 W. 44th Avenue and 4380 Parfet Street (Exhibit 1, Aerial). The C-1 zone district is established to provide for areas with a wide range of commercial land uses which include office, general business, and retail sales and service establishments. The C-1 zone district allows “minor auto repair” facilities as a use by right, but requires a Special Use Permit (SUP) for “major auto repair” facilities. Minor auto repair is defined as: Auto detail shops, tune-up shops, upholstery shops, radiator repair shops, lubrications service, sound system shops, and alignment services. Major auto repair is defined as: Tire recapping, major mechanical repair shops, body work and painting, engine repair, and transmission repair. Much of the applicant’s services fall under minor auto repair, but as full-service Subaru specialists, SubaPros works on engines and transmissions, performs body work, and paints vehicles, all of which fall under major auto repair, and require a SUP. Pursuant to Section 26-114 of the Code of Laws, the Community Development Director has the ability to decide upon applications for Special Use Permits without a public hearing, provided the following conditions are met: 1. A completed application package has been submitted and fee paid; 2. The Community Development Department has notified adjacent property owner by letter notice and the site has been posted for at least ten (10) days; 3. No written objections have been received in such ten-day period; 4. The Community Development Director concludes that the criterial for approval, as set forth below, are substantially complied with and support the request. The request started as an administrative application considered by the Community Development Director but because written objections were received during the public noticing period, it is being forwarded to City Council for a public hearing. II. EXISTING CONDITIONS The property is located along W. 44th Avenue between Parfet Street and Pierson Street. The subject property is zoned Commercial-One (C-1), as are the nearby properties located along 44th Avenue (Exhibit 2, Zoning). To the north and south of W. 44th Avenue are residential neighborhoods zoned Residential-Two (R-2), Residential-Three (R-3), Planned Residential Development (PRD), and City Council Case No. SUP-17-04 / SubaPros 3 Agricultural-One (A-1). A patchwork of zones and uses exist further to the east and west along W. 44th Avenue. The site consists of four parcels, three of which are located along W. 44th Avenue and addressed as 11072 W. 44th Avenue. A fourth parcel, 4380 Pierson Street, is located to the south of the other parcels. The four parcels are held under one ownership and being sold together. According to the Jefferson County Assessor, 11072 W. 44th Avenue is 52,055 square feet (1.20 acres) and the primary structure was built in 1950. The property at 4380 Pierson Street is 9,147 square feet (.21 acres) and the existing structure on the property was built in 1958. At some point it was converted from a house to a commercial space. The four lots combine to total 61,202 square feet (1.41 acres) in size and contain five buildings. The site is currently used as a pump storage facility, with some minor assembly occurring on the site. Based on the City’s business license records and land cases, it has been operating as such under various licenses since the 1970s. It is fenced and includes 35 parking spaces. III. CASE ANALYSIS The applicant is proposing to use the existing buildings on the site (Exhibit 3, Site Plan). The primary structure, at the corner of 44th and Pierson, would contain the reception area, the parts department, and the engine assembly area. The building to the east would contain the primary auto repair area. The building to the south of the main building would contain a new paint booth. The building at the east end of the site would have a secondary repair facility. The building furthest to the south, at 4380 Pierson, would be retained for future use. In general, the structures which would include major auto repair functions are located in buildings which are closer to 44th Avenue. The site is currently being vacated by the existing tenant, the Western Hydro Corporation, and is largely unused at this point (Exhibit 4, Site Photos). The applicant has plans to make cosmetic upgrades to the site, including new roofs, exterior paint, interior renovations, and re-paving the parking area, which is in poor condition. The impetus for relocating to this site is that the applicant wishes to own their facility, rather than continue to lease in their current location in unincorporated Jefferson County. The proposed operating hours are Monday through Friday 7:30am to 6:00pm. According to the applicant, some work is occasionally completed after 6:00pm, but not every day, and that work is only done inside buildings. According to the City of Wheat Ridge Tax & Licensing Division and land use case records, the site has been home to the Western Hydro Corporation since 2003, and was home to another similar use, Pumps Inc. from at least 1975 to 2003. Western Hydro is a wholesale supplier of pumps and groundwater drilling supplies. Their operating hours are 8:00am to 5:00pm, Monday through Friday. In 2012, the City received a complaint for excessive weeds on the property, when it was under occupancy by the Western Hydro Corporation. The case has since been closed. Commercial re-roof permits were pulled for the subject properties on November 29, 2017, by the applicant with permission from the current property owner. City Council Case No. SUP-17-04 / SubaPros 4 IV. CRITERIA FOR REVIEW The City Council shall use the following criteria from Section 26-114 to evaluate each application for a Special Use Permit. The applicant has provided their analysis of the application’s compliance with the SUP criteria (Exhibit 5, Criteria Response). Staff provides the following review and analysis of the SUP criteria. 1. The special use will not have a detrimental effect upon the general health, welfare, safety and convenience of persons residing or working in the neighborhood. The special use will not have a detrimental effect upon the general health, welfare, safety and convenience of persons residing or working in the neighborhood. It will utilize existing structures, with existing parking, utilities, and functional space. The proposed use of the building during the week may temporarily increase traffic in the area during the mornings and evenings when vehicles are being dropped off for repairs. This potential for a brief and slight increase in traffic does not constitute a threat to the general health, welfare and safety of the community. It is possible there are some negative externalities due to noise from tools, lifts and body work, and odor from the paint booth. However, these uses will be internal to the site and take place indoors. Paint booths are subject to stringent filtration standards. As noted above, the structures which would include major auto repair functions are located in buildings which are closer to 44th Avenue and are buffered from adjacent residential uses by parking or structures with lower intensity uses. Jefferson County Environmental Health Services, part of Jefferson County Public Health, was referred on the application and had no objections. Staff finds this criterion has been met. 2. The special use will not create or contribute to blight in the neighborhood by virtue of physical or operational characteristics. The special use will not create or contribute to blight in the neighborhood. The site is currently home to a vacating business and is poorly maintained. The applicant has noted that the buildings will be renovated, including a re-roof and exterior paint, and that landscaping will be installed along W. 44th Avenue and at the corner with Pierson Street. The parking areas will also be repaved with asphalt. Renovated buildings and upgraded site conditions will enhance the curb appeal of the site. Conditions that would otherwise create blight, such as inoperable vehicles and auto parts storage, will be located behind the screening fence in the interior courtyard, and inside buildings. Staff finds this criterion has been met. City Council Case No. SUP-17-04 / SubaPros 5 3. The special use will not create adverse impacts greater than allowed under existing zoning for the property. As described above, the C-1 zone allows for minor automotive repair facilities as a use by- right, which includes tune-up shops and lubrications services. The proposed major auto repair is unlikely to have impacts significantly greater than the auto uses which are allowed under the current zoning. The proposed use is not only consistent with the zoning but also with nearby uses. W. 44th Avenue includes many auto-related uses, including four in the immediate vicinity: Merkl’s Automotive to the northeast (minor auto repair), Auto Reflections to the west (major auto repair), Four To Go to the east (ATV dealership), and Fast Vintage to the north (auto sales). The C-1 zoning allows for a wide variety of uses and building types, including office buildings up to 50 feet tall and lumber yards, which arguably would contribute to a greater change of neighborhood character than the proposed use. Staff finds this criterion has been met 4. The special use will not result in undue traffic congestion or traffic hazards, or unsafe parking, loading, service or internal traffic conflicts to the detriment of persons whether on or off the site. As stated in Criterion #1, the proposed operating hours may cause a temporary small increase in traffic in the area during the mornings and evenings when vehicles are being dropped off for repairs. However, customers will not all arrive or pick up at the same time, minimizing potential traffic impacts. W. 44th Avenue is classified as a minor arterial with over 11,000 vehicles per day, and the proposed use is not expected to have an impact on this roadway. The access points on Pierson and Parfet are not proposed to change from the current conditions. Both of these local streets are dead ends because of Clear Creek to the south, so there is very little chance customers and employees would be driving through adjacent neighborhoods. Customer parking and employee parking will both be off-street, with employee parking taking place behind fencing and internal to the site. The site has ample parking and a significant amount of internal space, including an internal access drive. The site plan provided by the applicant (Exhibit 3) indicates the proposed locations of parking and site access. Staff finds this criterion has been met. 5. The property is appropriately designed, including setbacks, heights, parking, bulk, buffering, screening and landscaping, so as to be in harmony and compatible with the character of the surrounding areas and neighborhood, especially with adjacent property owners. The property has nonconformities which Staff has requested be brought closer into compliance with current standards. The site does not meet current landscaping standards, including the buffer width between the right-of-way and parking lot along W. 44th Avenue. The condition of City Council Case No. SUP-17-04 / SubaPros 6 the existing landscaping is poor, and Staff has requested new landscaping and screening be put in place. The site has existing paved parking and site access from all three street frontages. While some of the parking arrangements do not meet current City codes—parking areas that are directly perpendicular to the right-of-way are now prohibited—the applicant is not required to correct those existing conditions. The applicant also noted that they would re-pave the parking areas. As the applicant is not proposing any building changes and is keeping existing screening and parking areas in place, the property would continue to be in character with the surrounding neighborhood. Furthermore, the building has been in place since 1950, and the pumps facility has been operating since at least 1975. As noted above, the use is consistent with the commercial character of W. 44th Avenue and similar to other auto-oriented uses already existing along the corridor. Staff finds this criterion has been met. 6. The special use will not overburden the capacities of the existing streets, utilities, parks, schools and other public facilities and services. The special use is not expected to overburden the capacities of the existing streets, utilities, parks, schools, and other public facilities, as it will function out of an existing structure and site. Utility agencies have noted they can serve the site and its proposed uses. Staff finds this criterion has been met. 7. There is a history of compliance by the applicant and/or property owner with Code requirements and prior conditions, if any, regarding the subject property. The applicant is currently in the process of purchasing the site in order to relocate from their rented facility in unincorporated Jefferson County, and does not have a code enforcement history in the City. The have complied with the entitlement process. The applicant initiated a pre-application meeting request and was in attendance at the neighborhood meeting. The current tenant of the building, Western Hydro Corporation, received a complaint in 2012 for weeds, which was handled through Code Enforcement. However, this complaint is unrelated to the current applicant. Staff finds this criterion has been met. 8. The application is in substantial compliance with the applicable standards set forth in the Architectural and Site Design Manual. The applicant has noted plans to improve the property, but will not be required to meet the standards in the Architectural and Site Design Manual since no new construction on the site is proposed. City Council Case No. SUP-17-04 / SubaPros 7 Staff finds this criterion is not applicable. V. AGENCY REFERRAL Referrals were sent to impacted agencies. Their responses are below. Wheat Ridge Public Works: No comments or concerns. Wheat Ridge Building Division: No comments or concerns. Permits will be required for future work on the property (tenant finish, roofing upgrades, etc). Wheat Ridge Economic Development: No comments or concerns. Wheat Ridge Police Department: No concerns or concerns. Arvada Fire Protection District: Arvada Fire can serve the property and has requested construction plans be submitted directly to the Fire District for review and approval prior to issuance of future building permits. A suppression system may be required for the paint booth, pending additional information. Valley Water District: The district can continue to serve the property. Fruitdale Sanitation District: No comments or concerns. Jefferson County Environmental Health: Has no objections. However, the applicant must contact the Colorado Department of Public Health and Environment (CDPHE) regarding a Hazardous Materials Spill Management Plan and Air Pollution Control requirements for the auto repair/paint booth operations. Xcel Energy: An existing electric transmission line and associated easement crosses the northeast corner of the property. Any activity including grading, landscaping, erosion control or similar activities involving the existing right-of-way will require Public Service Company approval. Comcast: No comments or concerns. VI. PUBLIC NOTICING A required neighborhood meeting was held on November 8, 2017. Nine residents and property owners from the neighborhood attended the meeting. A summary of the meeting and discussion is included in Exhibit 6, Neighborhood Meeting. Pursuant to the requirements of Section 26-114, special use applications can be approved administratively after a ten-day noticing period if no legitimate objections are received. During the ten-day public notification period, staff received three letters of objection (Exhibits 7-9, Letters). One objection was from a property owner immediately to the south of the subject property. Staff also received telephone calls from each of the residents who submitted the letters. City Council Case No. SUP-17-04 / SubaPros 8 Since objections were received, the Community Development Director forwarded the request to the City Council to review and decide upon at a public hearing. Three primary concerns were raised in the letters received: 1. Drainage: The resident who submitted Letter #1 (Exhibit 7) raised concerns about the site draining onto their property and potential contamination from the vehicles parked on site. The drainage issue is an existing condition that has presumably been in place for decades. Because the applicant is not modifying impervious surface or expanding the existing footprint of buildings on the site, they are not required by code to correct drainage issues or install new drainage facilities. 2. Pollution: Letter #2 (Exhibit 8), and to a lesser extent, Letter #1, raised concerns about auto repair shop pollution and potential air and water contamination. The site will be subject to a building inspection before a Certificate of Occupancy can be issued, and must meet all current building codes. The business will also be subject to State and Federal regulations regarding waste and pollution. Staff cannot presume the business will fail to comply with State and Federal regulations, and it must meet local regulations before being permitted to operate. Further, the application was referred to Jefferson County Environmental Health who had no objections to the proposal. 3. Adherence to the Comprehensive Plan: Letter #3 (Exhibit 9) suggests that the proposed use is inconsistent with the City’s Comprehensive Plan (2009) and Fruitdale Subarea Plan (2007). The Comprehensive Plan is a high level policy document, and is not a document that Staff refers to when reviewing business licenses or Special Use Permits. Staff reviews Special Use Permits for compliance with the applicable review criteria in Section 26-114 of the City Code which do not reference the Comprehensive Plan. The Comprehensive Plan is always referred to if a rezoning is proposed for a site. The City does not mandate or deny the use of specific parcels based on the Comprehensive Plan. VII. STAFF CONCLUSIONS AND RECOMMENDATION Having found the application for Case No. SUP-17-04 / SubaPros – a Special Use Permit to allow the operation of a major auto repair facility in the Commercial-One (C-1) zone district – to be complete and in compliance with the majority of the applicable review criteria, staff recommends APPROVAL of the special use request for the following reasons: 1. The special use will not have a detrimental effect upon the general health, welfare, safety and convenience of persons residing or working in the neighborhood. 2. The special use will not create or contribute to blight in the neighborhood by virtue of physical or operational characteristics. 3. The special use will not create adverse impacts greater than allowed under the existing C-1 zoning for the property. 4. The special use will not result in undue traffic congestion or traffic hazards on W. 44th Avenue, Pierson, or Parfet Streets and there is no proposed change to the orientation of parking and access. 5. The existing property design has been in place since at least 1975, including setbacks, heights, parking, bulk, buffering, screening and landscaping. It is compatible with the character of the surrounding areas and is proposed to be cosmetically upgraded by the applicant. City Council Case No. SUP-17-04 / SubaPros 9 6. The proposed use is compatible with the commercial character of W. 44th Avenue and similar to other existing auto-oriented uses. 7. The special use will not overburden the capacities of the existing streets, utilities, parks, schools and other public facilities and services. 8. There is a history of compliance by the applicant with Code requirements and City processes. 9. No objections from referral agencies have been received. 10. Major auto repair activities are located in buildings that are buffered from adjacent residential uses by parking or lower intensity buildings. With the following conditions: 1. Landscaping improvements along the W. 44th Avenue frontage and at the corner with Pierson Street will be required before a Certificate of Occupancy may be issued, including: a. A four-foot fence along the north property line to screen the parking area, b. Irrigation and plant material in the existing ±800-square foot bed at the northwest corner, and c. Maintenance of the existing ±800 square foot bed at the northeast corner and along the east property line. 2. Pursuant to Section 26-502.E.12.j of the Wheat Ridge Code of Laws, no parking area shall be used for the sale, storage, repair of, dismantling or servicing of any vehicles, equipment materials or supplies; vehicles stored in excess of seventy-two (72) hours for the purpose of being repaired must be screened from view from adjacent streets and properties by a six-foot-high solid fence. 3. The Special Use Permit shall be granted to the applicant, SubaPros, and shall not be transferred or assigned. City Council Case No. SUP-17-04 / SubaPros 10 EXHIBIT 1: AERIAL City Council Case No. SUP-17-04 / SubaPros 11 EXHIBIT 2: ZONING MAP City Council Case No. SUP-17-04 / SubaPros 12 EXHIBIT 3: SITE PLAN City Council Case No. SUP-17-04 / SubaPros 13 EXHIBIT 4: SITE PHOTOS The property viewed looking south across W. 44th Avenue, showing the entire W. 44th Avenue frontage. The primary administration building is on the far right of this image. Another view looking across W. 44th Avenue towards the main administration building. Pierson Street is on the right. City Council Case No. SUP-17-04 / SubaPros 14 A view of the W. 44th Avenue frontage showing the existing RTD bus stop and parking lot. The parking area is proposed to be repaved. The applicant noted they would also clean up the landscaping buffer. A view looking northeast from Pierson Street at the 4380 Pierson Street parcel, with an existing converted home that is now an office. The barn-like building in the distance is proposed to be the body shop. City Council Case No. SUP-17-04 / SubaPros 15 A view of the property looking west from Parfet Street. The existing fences would remain, which help to screen the interior of the lot. Looking southwest from the corner of W. 44th Avenue and Parfet Street. The existing landscape buffer is poorly maintained, as is the asphalt surface. The existing screening fence would remain. City Council Case No. SUP-17-04 / SubaPros 16 EXHIBIT 5: CRITERIA RESPONSE City Council Case No. SUP-17-04 / SubaPros 17 City Council Case No. SUP-17-04 / SubaPros 18 NEIGHBORHOOD MEETING NOTES Meeting Date: November 8, 2017 Attending Staff: Zack Wallace Mendez, Planner II Scott Cutler, Planning Technician Location of Meeting: Wheat Ridge Municipal Building Property Address: 11072 W. 44th Avenue & 4380 Pierson Street Property Owner(s): Haderer Trustees Applicant: Peter Kula, SubaPros Inc. (under contract to purchase) Applicant Present? Yes Existing Zoning: Commercial-One (C-1) Existing Comp. Plan: Neighborhood Commercial Corridor Existing Site Conditions: The property is located along W. 44th Avenue between Parfet Street and Pierson Street. The subject property is zoned Commercial-One (C-1), as are the nearby properties located along 44th Avenue. To the north and south of W. 44th Avenue are residential neighborhoods zoned Residential-Two (R-2), Residential-Three (R-3), Planned Residential Development (PRD), and Agricultural-One (A-1). A patchwork of zones and uses exist further to the east and west along W. 44th Avenue. The site consists of four parcels, three of which are located along W. 44th Avenue and addressed as 11072 W. 44th Avenue. A fourth parcel, 4380 Pierson Street, is located to the south of the other parcels. The four parcels are being sold together. According to the Jefferson County Assessor, 11072 W. 44th Avenue is 52,055 square feet (1.20 acres) and the primary structure was built in 1950. The property at 4380 Pierson Street is 9,147 square feet (.21 acres) and the existing structure on the property was built in 1958, which at some point was converted from a house to a commercial space. The lots combine to total 61,202 square feet (1.41 acres) in size and contain five buildings. The site is currently a pump storage facility, with some minor assembly occurring on the site. Based on the City’s business license records, it has been operating as such since at least 1999, but the actual start date is not available. It is fenced and includes 35 parking spaces. EXHIBIT 6: NEIGHBORHOOD MEETING City Council Case No. SUP-17-04 / SubaPros 19 Applicant Preliminary Proposal: The applicant is proposing to buy both the W. 44th Avenue and Pierson Street portions, and move their business, SubaPros, from unincorporated Jefferson County into Wheat Ridge. SubaPros is an independently owned auto repair company that specializes in Subaru repairs. They have proposed their various business operations to take place in the existing structures. The primary structure, at the corner of 44th and Pierson, would contain the reception area, the parts department, and the engine assembly area. The building to the east would contain the primary auto repair area. The building to the south of the main building would contain the paint booth. The building at the east of the site would have a secondary repair facility. The building furthest to the south, at 4380 Pierson, would be retained for future use. The applicant has not proposed major modifications to the existing buildings, except for roof and siding repair, plus whatever upgrades building and fire codes may require. The applicant noted they are improving the landscaping per staff request. The applicant is currently under contract for all four parcels. The following is a summary of the neighborhood meeting: • In addition to the applicant and staff, 9 residents and property owners from the neighborhood attended the meeting; see attached sign-up sheets. • Staff explained the purpose of the neighborhood meeting, and informed the members of the public of the process for the Special Use Permit. • Staff discussed the site, its zoning and future land use. • Staff answered some preliminary questions regarding the Special Use Permit process and the reasons why a Special Use Permit is required. • The applicant presented their proposal for the site. • Both Staff and the applicant answered questions from the attending neighbors, related to use, operation, City Codes and policies, and the City’s guiding documents. • The members of the public were informed of their opportunity to make comments during the process and at the public hearing, if required. The following issues were discussed regarding the SUP request and proposed development: • The applicant noted that they need to improve the site and address deferred maintenance, and that the improvements process and SUP are all wrapped into the purchasing process. • The applicant noted the buildings are steel construction and need to be insulated to make them hospitable for employees. • The applicant noted they typically process 6-12 vehicles per day, and that most vehicles are in and out of the shop within a day. • A neighbor noted they drove by the current SubaPros facility near Golden and saw 15-20 vehicles parked on the premises. SubaPros stated they occasionally buy cars from customers and work to restore them over the long-term. A labor shortage has slowed the ability to get rid of cars, but the current cars parked there will be moved out. The new property will not have cars parked on the premises City Council Case No. SUP-17-04 / SubaPros 20 long-term, and there is more space internal to the site which will help with storage. The existing fence will help screen parking on the property. • What are the operating hours? Regular hours are 7:30am to 6:00pm on Monday through Friday. Some work is occasionally wrapped up after 6:00pm, but not every day, and that work is only done inside buildings. • How will the body shop affect an existing auto body business in the area? SubaPros does not specialize in body work and doesn’t plan to increase that side of their business. The applicant noted they work within their existing Subaru customer base, and if expansions of the customer base occur, it would be for mechanical work. The small size of the paint booth and body shop is limiting in terms of how many customers may be served. The applicant noted their primary operations are oil changes, suspension repair, wheel bearing repair, and engine repair. • How does the paint booth smell? Paint booths are subject to stringent filtering requirements by building codes and other regulations. This usually does not eliminate odors but it minimizes them. The City has requested the paint booth be moved internal to the site to avoid operating immediately adjacent to neighbors. • What are the plans for the building at 4380 Pierson Street? The Pierson Street building is part of the property sale, but the applicant does not currently have plans for this facility. • Why is SubaPros investing in a new facility if there are no expansion plans? New customers are gained through referral, and they have a high retention rate among existing customers. The applicant noted they are currently renting a facility, and would like to own their facility instead. • A neighbor expressed concern about noise, traffic, chemicals/pollutants, and disruption to the neighborhood feel. They also pointed out other issues in the surrounding area that were unrelated to the SUP application, including concerns related to Prospect Park and a massage parlor on the north side of 44th Avenue. The applicant responded to these concerns and noted that employees and customers would not be driving into the neighborhood, just accessing the site from Pierson Street for drop-offs mostly between 7:30am and 9:30am. He also noted the site would be clearly marked so customers would not unintentionally drive further into the neighborhood. • A neighbor noted that the Commercial-One (C-1) zoning allows a wide range of uses. Staff confirmed this observation, and noted that minor auto repair would be allowed on the site without a Special Use Permit. • Neighbors were discussing concerns with other existing auto-related businesses on 44th Avenue. The applicant noted that there may be some misconceptions about car repair. They provide routine maintenance and do not focus on performance enhancements or “souping up” cars. • Where would pick-up and drop-off be located? Cars would be dropped off at the main building on the corner, in the existing parking area along Pierson Street. Cars waiting for pickup would be parked in the parking area along W. 44th Avenue. No change is proposed to access locations. • Are there proposals for lighting? The applicant noted that some improvements would be required, but no intensive security lights are proposed. The applicant would prefer not to run lights overnight in order to save money on energy bills. City Council Case No. SUP-17-04 / SubaPros 21 • Neighbors asked the applicant and staff how the SubaPros operations fit into the Envision Wheat Ridge Comprehensive Plan and the Fruitdale Subarea Plan, which calls for mixed-use development along the corridor. There was concern that as a single use, the subject property was not complying with the mixed-use vision. The applicant was not aware of the plan documents. Staff noted that the plans are guiding documents and the City could not deny any commercial use allowed by zoning on 44th Avenue because the Fruitdale Subarea plan states the corridor as a whole should be mixed- use. The adopted plans are considerations for zone changes, but not part of the criteria for SUPs (criteria were provided on the handouts). • How many employees does SubaPros have? They currently have 9 employees, including the administration. • What landscaping improvements will be done? The applicant noted the City is requiring the existing landscape buffers along W. 44th Avenue and at the corner with Pierson Street be improved with new plantings. The applicant has plans to re-plant as well as re-pave the site as the current asphalt is substandard. There are also plans to repair the existing roof, and the applicant is working with the sellers to do so. • How much waste is generated by the facility? Where is trash picked up? Neighbors expressed concerns about the potential for illegal dumping into the storm sewer system. The site will have a dumpster, which will be screened behind the existing fence along the east side of the W. 44th Avenue frontage. All oil used on site is recycled, and waste oil is sometimes burned for heat, which is an EPA approved process. Waste coolant and coolant mix leaves the site to be disposed of. Nothing will be disposed of into drains or the sewage system. Spills are cleaned with products such as Floor Dry or PIG absorbent mats. Operational disposal is regulated by building codes and other regulations. • Are new buildings proposed? No, just renovating existing buildings. • What is the construction timeline and nature of improvements? The construction timeline partially depends on the SUP process. Improvements proposed are insulation and electrical work, interior lighting, roofing, paving, exterior painting, and potential drainage reconfiguration. • The neighbor to the south alleged the subject property drains onto her property. • A neighbor was concerned about the back-out parking that exists on Pierson Street. Staff noted that the City does not currently allow this type of back-out parking adjacent to the right-of-way on new projects, but since there is not new construction, the existing arrangement may continue. City Council Case No. SUP-17-04 / SubaPros 22 EXHIBIT 7: LETTER #1 City Council Case No. SUP-17-04 / SubaPros 23 City Council Case No. SUP-17-04 / SubaPros 24 City Council Case No. SUP-17-04 / SubaPros 25 EXHIBIT 8: LETTER #2 City Council Case No. SUP-17-04 / SubaPros 26 City Council Case No. SUP-17-04 / SubaPros 27 City Council Case No. SUP-17-04 / SubaPros 28 City Council Case No. SUP-17-04 / SubaPros 29 City Council Case No. SUP-17-04 / SubaPros 30 City Council Case No. SUP-17-04 / SubaPros 31 City Council Case No. SUP-17-04 / SubaPros 32 EXHIBIT 9: LETTER #3 City Council Case No. SUP-17-04 / SubaPros 33 City Council Case No. SUP-17-04 / SubaPros 34 City Council Case No. SUP-17-04 / SubaPros 35 ITEM NO: DATE: January 8, 2018 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 01-2018 – AN ORDINANCE APPROVING THE REZONING OF PROPERTY LOCATED ON THE WEST SIDE OF INTERSTATE-70, BETWEEN APPROXIMATELY 34TH AVENUE AND CLEAR CREEK FROM PLANNED COMMERCIAL DEVELOPMENT (PCD) TO PLANNED MIXED USE DEVELOPMENT (PMUD) (CASE NO. WZ-16-07/CLEAR CREEK CROSSING) PUBLIC HEARING ORDINANCES FOR 1ST READING (1/8/18) BIDS/MOTIONS ORDINANCES FOR 2ND READING (2/12/18) RESOLUTIONS QUASI-JUDICIAL: YES NO ______________________________ ________________________________ Community Development Director City Manager ISSUE: Evergreen Devco, Inc. acquired 109 acres of undeveloped property on the west side of I-70 and south of Clear Creek in December 2016 with the intent of developing a mixed-use commercial and residential development, including a hospital campus as a major employment anchor. Evergreen has applied for a rezoning of this property from the current Planned Commercial Development (PCD) to a Planned Mixed Use Development (PMUD) designation. In contrast to the previous zoning on the property, which was focused on retail uses, the intent is to create a development with a much broader mix of residential, employment, retail, hotels, restaurants and entertainment. Council Action Form – Clear Creek Crossing ODP January 8, 2018 Page 2 The applicant is requesting approval of an Outline Development Plan (ODP), supported by a Vision Book that establishes the intended design and architectural themes and materials, as well as a Design Pattern Book that includes the more substantive development regulations. PRIOR ACTION: Annexation/Zoning The approximate 100-acre site is located on the west side of I-70 on the south side of Clear Creek. The properties were annexed into the City in 2005. The annexation was known as the Coors/Cabela’s annexation and Cabela’s subsequently purchased portions of the Coors properties with the intent of building a new retail store. City Council approved a rezoning of the properties to Planned Commercial Development with approval of an ODP in 2006 and a Final Development Plan for an 185,000 square foot store in August 2006. Many things changed in the corporate structure of Cabela’s shortly after those approvals. Notably, Cabela’s became a publicly traded company and their Board of Directors made a decision that they would no longer “self-develop” their properties/stores but would seek a developer partner. Not long after, the economy entered the Great Recession and the project was shelved. In 2011, the property was rezoned a second time, to accommodate a somewhat smaller Cabela’s store as well as a 177,000 square foot Walmart. In all, nearly 1,000,000 square feet of retail/office was proposed in that rezoning, which was an aggressive amount of commercial space to be fully filled. In 2012, Cabela’s made the corporate decision to locate two much smaller stores in Colorado along the I-25 corridor at the north and south ends of the Denver metropolitan area, both of which opened in 2013. Until recently, Walmart continued to be a part of the proposed Clear Creek Crossing project, seeking to locate a Super Walmart in this location, which was part of the 2011 approval. In the summer of 2017, Walmart made the decision not to build in this location. Environmental Assessment for Road Improvements When the property was going through the annexation and rezoning process in 2005/2006, there was a parallel process being coordinated through the Colorado Department of Transportation (CDOT) and the Federal Highway Administration (FHWA) to determine what improvements would be needed to the adjacent street and highway network to serve the 100-acre site. At that time, the final state- and federally-approved Environmental Assessment (EA) required the construction of the following improvements: • New underpass at 40th (complete) • Widening to Youngfield and 32nd (complete) • New on/off ramps from I-70 into the project (under design, funded through 2E bond) • Construction of Clear Creek Drive from 32nd, north through the project, over Clear Creek and up to SH58 • Construction of an entirely new interchange at SH58 and Clear Creek Drive Council Action Form – Clear Creek Crossing ODP January 8, 2018 Page 3 The EA required that all of these infrastructure upgrades be fully completed prior to any certificates of occupancy being approved for any portion of the Clear Creek Crossing development. This is an expensive list of public infrastructure projects to design and build, and the scope of these costs has always been a challenging aspect of getting the Clear Creek Crossing project completed. Based on physical aspects of the site, the project also includes significant site development costs relative to grading, the import of significant amounts of fill materials and the construction of a regional stormwater detention facility. FINANCIAL IMPACT: Public/Private Development Agreement A public/private development agreement was approved as a parallel part of the 2006 zoning entitlement process. That joint development agreement funded all of the public infrastructure, including all of the above noted transportation infrastructure. Whenever the City enters into joint development agreements or public/private partnerships, it is critical to ensure that the deal is mutually beneficial to the City and the developer. Critical to that goal is that the percent of public money that is shared back, such as sales tax revenues, is limited and the term of the share back is as short as possible, so that City’s general fund revenues are not impacted for the long term. The original development agreement with Cabela’s met those criteria. In 2011, when the second rezoning was approved, including both Cabela’s and Walmart, a joint development agreement was also considered. Several developers considered partnering with Cabela’s and ultimately the developer (THF) had extensive negotiations with Cabela’s and the City on the structure of a joint development agreement. The terms and assumptions in those draft agreements did not meet the mutually beneficial goals that the City seeks to ensure. In summary, the relative amount of public tax revenue share back was too great and the term of payback was longer than desired by the City. As a result, the parties did not execute an agreement in 2011. It is anticipated that the City will enter into a joint development agreement with the new developer, Evergreen Devco, to fund portions of the necessary public infrastructure over a period of time through a share back of a portion of the City tax revenues that are generated from this project. The terms of that agreement have not yet been negotiated, pending first the approval of these zoning documents. BACKGROUND: Zone Change Request The applicant is requesting approval of an Outline Development Plan (ODP), supported by a Vision Book that establishes the intended design and architectural themes and materials, as well as a Design Pattern Book that includes the more substantive development regulations. Specific development proposals for various phases of the development will subsequently be reviewed and approved as Specific Development Plans (SDPs). These SDPs will be reviewed for compliance with the ODP use chart, Vision Book and Design Pattern Book. Specific Development Council Action Form – Clear Creek Crossing ODP January 8, 2018 Page 4 Plans are reviewed and approved by the Planning Commission, pursuant to the planned development regulations in municipal code. Before City Council currently is a first reading on a rezoning ordinance, the purpose of which is to set a date and time for City Council public hearing, which is proposed for February 12, 2018. In the intervening time, the rezoning application and ordinance will be referred to the Planning Commission, who are scheduled to conduct a public hearing on January 18, 2018 and forward their recommendations to City Council. Existing Conditions The property is undeveloped, with the exception of a portion of the local road network having been built (40th Avenue underpass and short extension). There is an active grading and fill permit that authorizes the import of fill material and overlot grading. Denver Water is under construction for a new 80-inch water line, which replaces two existing water lines that traverse the property and have existed for many years. This multi-year Denver Water project includes boring under I-70 and the Applewood Shopping Center and terminates at the Moffat Treatment Center off of 20th Avenue in Lakewood. The property was previously used as a gravel mine, with Coors at one point anticipating using the property for additional water storage facilities. Surrounding Land Uses Properties to the west are generally the Applewood Golf Course and water storage facilities for Coors. Clear Creek is located to the north, along with additional vacant properties owned by Coors and zoned for low intensity office/industrial uses as part of the original Coors/Cabela’s ODP. Properties directly to the south are generally highway oriented commercial uses, including a gas station, hotel and restaurants. Properties adjacent to the southwest include larger lot single-family homes located in unincorporated Jefferson County. Across I-70 to the east is the Applewood Village shopping center with various retail/restaurant uses. Summary of Proposed Zoning As noted in the Prior Action section of this Council Action Form, much has happened since this property was first approved for a development project in 2006. The country and region have endured the Great Recession and much has changed in the world of retail commercial development. As noted previously, one of the chief obstacles of completing this project has been how to pay for the vast amount of new road infrastructure that is required. To that end, in 2014, the City initiated an update to the Environmental Assessment (EA) to determine whether the construction of road infrastructure could be phased, reducing the initial cost for the project. The City hired a transportation consultant to determine whether the requirement to build Clear Creek Drive over the creek and up to SH58, including the new interchange, could become a second phase that gets built when properties north of the creek develop in the future. Alongside the City’s traffic consultant, staff have been working with CDOT and FHWA through that analysis. Phasing of a lesser amount of development does appear to be feasible as a phase one Council Action Form – Clear Creek Crossing ODP January 8, 2018 Page 5 and approval of an update to the EA is anticipated in early 2018. It is important to note that the new mix of uses, including employment, multi-family, retail and entertainment often have varied peak hour traffic, helping to spread the traffic out over the course of a day, reducing congestion at certain intersections and helping to make this phasing possible. Much like the previous zoning document for the project, the current Outline Development Plan divides the 100-acre site into Planning Areas (PAs) and creates a slightly different list of permitted uses in each of those PAs. The application seeks to ensure a fair amount of flexibility in the land use mix, as the developer is negotiating with numerous potential end users and tenants. Further, based on the adjacent interstate location, a wide variety of land uses may be appropriate in each of the planning areas and help to achieve the vision of a dynamic mixed-use development concept. Following is a brief summary of the new land use concept: PA-1 – This area is east of Clear Creek Drive and immediately adjacent to I-70 and therefore appropriate for a large variety of commercial retail, office, entertainment and employment uses. Multi-family residential would also be allowed, as would various employment based uses, notably offices, hospitals and research and development. The developer is negotiating with a potential major employer to anchor this planning area and provide a daytime population that would benefit the retail and restaurant components of the project. PA-2 – This area is also east of Clear Creek Drive, but further removed from I-70. It could have strong potential for multi-family, with the adjacency to Clear Creek and the potential for attractive west facing views. It also has commercial potential and it too has a great deal of flexibility in uses, not knowing specifically how the development program for the project will evolve over time. PA-3 – This area is adjacent to I-70, Clear Creek Drive and 40th Avenue, offering prime commercial retail, restaurant, and entertainment potential. As a result, residential uses are excluded from this planning area. Motor fueling stations are not allowed in this planning area, as is also the case in PA-1 and PA-2. It is the intent in this planning area to achieve a high degree of walkability and high quality urban design and architecture at the heart of the project. PA-4 – This area is adjacent on either side of the new on and off ramps from I-70, as such a greater amount of auto oriented uses are allowed, including car washes and restaurant drive-throughs and motor vehicle fueling. Residential uses are not allowed in this more auto-oriented district. PA-5 – This area is adjacent to PA-6 to the north, a vacant commercial lot to the south, and a portion of the existing single-family residential neighborhood further to the southwest. The physical grade of the property in this planning area is such that it sits somewhat below those adjacent properties. Multi-family is allowed, but more intensive uses such as light industrial are not allowed. With proximity to the I-70 ramps, this district is appropriate for commercial uses, including some auto-oriented uses. Council Action Form – Clear Creek Crossing ODP January 8, 2018 Page 6 PA-6 – This area was previously planned as the Walmart site and is a large site that can accommodate larger format users, including possibly larger retail users and possibly larger entertainment uses. However, with its western views and adjacency to water it could also have potential for multi-family uses, particularly if PA-2 does not become a multi-family site. PA-7 – This is a small planning area located at a signalized intersection along Clear Creek Drive, so likely has good potential for smaller format retail, restaurant, office, etc. PA-8 – This area straddles Clear Creek and was previously acquired from Jefferson County after Foothills (Table Mountain) Animal Shelter was decommissioned and moved. A large portion of PA-8 is in the floodplain and this district will function as privately owned/maintained open space. Review Process As noted in earlier comments, approval of the ODP is the first step in a Planned Development process. The ODP approves permitted uses, access configuration for cars, bikes and pedestrians. The Vision Book establishes the architectural design themes, and the Design Pattern Book establishes all of the development regulations for site planning, landscaping, architectural details, etc. These regulatory documents will be used during the Planning Commission’s subsequent review of Specific Development Plans for each phase of the project. The applicant will also be submitting a revised subdivision plat for the development, which will be reviewed and approved by both the Planning Commission and City Council. It is also worth noting that the developer has proposed the use of an Architectural Control Committee, which many larger projects use to ensure that future designers are incorporating the intent of all of these regulatory documents. The composition of that Committee is described in the Design Pattern Book, will be appointed mutually by the City and the Developer, and typically includes architects and urban designers among its members. That schematic design review process occurs prior to and during the review of an SDP, with the goal being to ensure that projects are being designed with a high quality from the outset. RECOMMENDED MOTION: “I move to approve Council Bill No. 01-2018, an ordinance approving the rezoning of property located on the west side of Interstate-70 between approximately 34th Avenue and Clear Creek from Planned Commercial Development to Planned Mixed Use Development on first reading, order it published, public hearing set for Monday, February 12, 2018 at 7 p.m. in City Council Chambers, and that it take effect 15 days after final publication.” REPORT PREPARED/REVIEWED BY: Zack Wallace Mendez, Planner II Kenneth Johnstone, Community Development Director Patrick Goff, City Manager Council Action Form – Clear Creek Crossing ODP January 8, 2018 Page 7 ATTACHMENTS: 1. Council Bill No. 01-2018 2. Outline Development Plan 3. Vision Book 4. Design Pattern Book ATTACHMENT 1 CITY OF WHEAT RIDGE INTRODUCED BY COUNCIL MEMBER _______ COUNCIL BILL NO. 01 ORDINANCE NO. _________ Series of 2018 TITLE: AN ORDINANCE APPROVING THE REZONING OF PROPERTY LOCATED ON THE WEST OF INTERSTATE-70, BETWEEN APPROXIMATELY 34TH AVENUE AND CLEAR CREEK FROM PLANNED COMMERCIAL DEVELOPMENT (PCD) TO PLANNED MIXED USE DEVELOPENT (PMUD) (CASE NO. WZ-16-07 / CLEAR CREEK CROSSING) 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, Evergreen Devco, Inc. has submitted a land use application for approval of a zone change to the Planned Mixed Use Development (PMUD) zone district with an Outline Development Plan (ODP), Design Pattern Book, and Vision Book for property located west of Interstate-70, between approximately 34th Avenue and Clear Creek; and, WHEREAS, the City of Wheat Ridge has adopted a comprehensive plan— Envision Wheat Ridge—which calls for a Regional Commercial Center west of Interstate 70 and south of Clear Creek; and, WHEREAS, the proposed planned development will permit a well-designed, innovative development with greater control and specificity of intended development character, use, operations, and maintenance that is not feasible under a standard zone district; and WHEREAS, the proposed planned development will further promote the public health, safety and general welfare by permitting greater flexibility and innovation in land development based upon this comprehensive, integrated plan. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Upon application by Evergreen Devco, Inc. for approval of a zone change ordinance from Planned Commercial Development (PCD) to Planned Mixed Use Development (PMUD) with an Outline Development Plan (ODP), Design Pattern Book, and Vision Book for property located west of Interstate-70, between approximately 34th Avenue and Clear Creek , 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: LOTS 1, 2 AND 3, BLOCK 1; LOT 1, BLOCK 2; LOT 1, BLOCK 3; LOT 1, BLOCK 4; THAT PORTION OF LOT 1, BLOCK 5 AS CONTAINED IN DEED RECORDED DECEMBER 23, 2004 UNDER RECEPTION NO. F2149072; LOTS 3 THROUGH 6, BLOCK 5; AND TRACTS A, B, C AND D; CLEAR CREEK CROSSING SUBDIVISION FILING NO. 1, 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 8th day of January, 2018, ordered it published with Public Hearing and consideration on final passage set for Monday, February 12, 2018 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. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of _____ to _____, this _____ day of ___________, 2018. SIGNED by the Mayor on this _______ day of _______________, 2018. ______________________________________ Bud Starker, Mayor ATTEST: _______________________________________ Janelle Shaver, City Clerk Approved as to Form _______________________________________ Gerald Dahl, City Attorney 1st publication: 2nd publication: Wheat Ridge Transcript: Effective Date: APPLICANT:DATE:SHEET TITLE: C H E C K E D B Y : D R A W N B Y : CLEAR CREEK CROSSING CITY OF WHEAT RIDGE, COLORADO NOT FOR CONSTRUCTION CL E A R C R E E K C R O S S I N G AN O F F I C I A L P L A N N E D M I X E D U S E O U T L I N E D E V E L O P M E N T P L A N CI T Y O F W H E A T R I D G E , C O L O R A D O A P A R C E L O F L A N D , L O C A T E D I N T H E S E 1 4 O F S E C T I O N 1 9 , T H E S W 1 4 O F S E C T I O N 2 0 , TH E N E 1 4 O F S E C T I O N 2 9 , T 3 S , R 6 9 W , O F T H E S I X T H P . M . , CI T Y O F W H E A T R I D G E , C O U N T Y O F J E F F E R S O N , S T A T E O F C O L O R A D O DECEMBER 14, 2016 MAY 10, 2017 JULY 21, 2017 AUGUST 30, 2017 NOVEMBER 20, 2017 JANUARY 02, 2017 LE G A L D E S C R I P T I O N CH A R A C T E R O F D E V E L O P M E N T                     I, _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ D O H E R E B Y C E R T I F Y T H A T T H E S U R V E Y O F T H E B O U N D A R Y O F T H E C L E A R C R E E K C R O S S I N G DE V E L O P M E N T W A S M A D E B Y M E O R U N D E R M Y D I R E C T S U P E R V I S I O N A N D T O T H E B E S T O F M Y K N O W L E D G E , I N F O R M A T I O N A N D B E L I E F , I N AC C O R D A N C E W I T H A L L A P P L I C A B L E C O L O R A D O S T A T U T E S , C U R R E N T R E V I S E D E D I T I O N A S A M E N D E D , T H E A C C O M P A N Y I N G P L A N A C C U R A T E L Y RE P R E S E N T S S A I D S U R V E Y . 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M Y C O M M I S S I O N E X P I R E S : _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ NO T A R Y P U B L I C ST A T E O F C O L O R A D O )) SS CO U N T Y O F J E F E R S O N ) I H E R E B Y C E R T I F Y T H I S P L A N W A S F I L E D I N T H E O F F I C E O F T H E C O U N T Y C L E R K A N D R E C O R D E D O F J E F F E R S O N C O U N T Y A T G O L D E N , CO L O R A D O , A T _ _ _ _ _ O ' C L O C K _ _ _ _ _ . M . O N T H E _ _ _ _ _ D A Y O F _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ , _ _ _ _ _ _ _ _ _ _ , A . D . , I N B O O K _ _ _ _ _ , P A G E _ _ _ _ _ , R E C E P T I O N N O . __ _ _ _ _ _ _ _ _ _ _ _ _ _ . JE F F E R S O N C O U N T Y C L E R K A N D R E C O R D E R BY : _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ DE P U T Y RE C O M M E N D E D F O R A P P R O V A L T H I S _ _ _ _ _ D A Y O F _ _ _ _ _ _ _ _ _ _ _ _ , 2 0 _ _ B Y T H E W H E A T R I D G E P L A N N I N G C O M M I S S I O N . AP P R O V E D T H I S _ _ _ _ _ D A Y O F _ _ _ _ _ _ _ _ _ _ _ _ _ , _ _ _ _ _ _ B Y T H E W H E A T R I D G E C I T Y C O U N C I L . CL E A R C R E E K C R O S S I N G , L . L . C . VI C I N I T Y M A P PR O J E C T T E A M 01 CO V E R S H E E T 02 LA N D U S E M A P 03 PE R M I T T E D U S E S 04 PE R M I T T E D U S E S C O N T I N U E D PR E P A R E D F O R : CL E A R C R E E K C R O S S I N G , L . L . C . 18 7 3 S . B E L L A I R E S T R E E T SU I T E 1 1 0 6 DE N V E R , C O 8 0 2 2 2 PL A N N I N G & L A N D S C A P E A R C H I T E C T U R E : NO R R I S D E S I G N 11 0 1 B A N N O C K S T R E E T DE N V E R , C O 8 0 2 0 4 EN G I N E E R : MA R T I N / M A R T I N 12 4 9 9 W E S T C O L F A X A V E N U E LA K E W O O D , C O 8 0 2 1 5 SI T E P L A N N I N G : GA L L O W A Y 61 6 2 S . W I L L O W D R I V E , S U I T E 3 2 0 GR E E N W O O D V I L L A G E , C O 8 0 1 1 1 01 OF 04COVER SHEET SU R V E Y O R ' S C E R T I F I C A T E GE N E R A L N O T E TH I S O U T L I N E D E V E L O P M E N T P L A N I S C O N C E P T U A L I N N A T U R E . S P E C I F I C D E V E L O P M E N T E L E M E N T S S U C H A S S I T E L A Y O U T A N D B U I L D I N G AR C H I T E C T U R E H A V E N O T B E E N A D D R E S S E D O N T H I S D O C U M E N T . A S A R E S U L T , A S P E C I F I C D E V E L O P M E N T P L A N M U S T B E S U B M I T T E D A N D AP P R O V E D B Y T H E C I T Y O F W H E A T R I D G E P R I O R T O T H E S U B M I T T A L O F B U I L D I N G P E R M I T A P P L I C A T I O N A N D A N Y S U B S E Q U E N T S I T E DE V E L O P M E N T . SI T E 3 2 n d A v e . AP P L E W O O D GO L F C O U R S E C L E A R C R E E K T O M C I N T Y R E I- 7 0 TH E C L E A R C R E E K C R O S S I N G M I X E D U S E D E V E L O P M E N T I S I N T E N D E D T O P R O V I D E T H E C I T Y OF W H E A T R I D G E W I T H A D E S T I N A T I O N D E V E L O P M E N T T H A T P R O V I D E S A W I D E R A N G E O F U S E S T O H E L P G R O W T H E C I T Y ’ S C O M M E R C I A L , RE S I D E N T I A L , A N D E M P L O Y M E N T B A S E S . T H R O U G H T H E U S E O F U N I F Y I N G D E S I G N E L E M E N T S , I N C L U D I N G A R C H I T E C T U R A L S T Y L E , LA N D S C A P E D E S I G N , U R B A N D E S I G N W I T H S P E C I A L A T T E N T I O N P A I D T O I T S P U B L I C S P A C E S , T H I S P R O J E C T I S E N V I S I O N E D T O B E U N I Q U E AN D A U T H E N T I C I N I T S U S E S A N D A R C H I T E C T U R A L S T Y L E , W H I L E S T I L L P R O V I D I N G A C O H E S I V E E X P E R I E N C E F O R T H E U S E R . TH E O V E R A L L P R O J E C T W I L L F O C U S O N C R E A T I N G S T R O N G S E N S E O F P L A C E T H A T P R O T E C T S T H E C U L T U R A L H E R I T A G E A N D P R O M O T E CU L T U R A L A W A R E N E S S A N D S T R O N G K I N S H I P T I E S . C L E A R C R E E K C R O S S I N G W I L L C E L E B R A T E T H E I N T R I N S I C V A L U E S T H A T D E F I N E T H E CI T Y O F W H E A T R I D G E A N D W I L L E M B R A C E T H E S I M P L E B E A U T I E S O F T H E L A N D S C A P E I N A N A U T H E N T I C G E S T U R E . T H E O V E R A L L D E S I G N TH E M E F O R T H E P R O J E C T I S A M O D E R N A G R A R I A N D E S I G N A E S T H E T I C T H A T B L E N D S T R A D I T I O N A L A G R A R I A N F O R M S A N D M A T E R I A L S WI T H M O D E R N A R C H E T Y P E S A N D U S E R S . T O A C C O M P L I S H T H I S T H E M I N G W I T H I N T H E D I S T I N C T L A N D U S E S W I T H I N T H E P R O J E C T , A G R O U P OF D I S T R I C T S H A V E B E E N E S T A B L I S H E D T O A L L O W A U N I Q U E T R E A T M E N T F O R E A C H L A N D U S E W H I L E M A I N T A I N I N G C O H E S I V E D E S I G N EL E M E N T S T H R O U G H O U T A L L D I S T R I C T S . T H E P R O J E C T I S E N V I S I O N E D T O B E O N E G R O W N F R O M T H E E A R T H W I T H A S T R O N G E M P H A S I S ON T H E B A S E P L A N E A N D T H E B U I L D I N G S I N T E G R A T I O N W I T H T H E S I T E A N D S U R R O U N D I N G C O N T E X T . WI T H T H E S I T E ’ S P R O X I M I T Y T O C L E A R C R E E K , A L O N G W I T H T H E R I C H H I S T O R Y O F T H E A R E A , T H E O V E R A L L C H A R A C T E R O F T H I S DE V E L O P M E N T W I L L F O C U S O N A S T R O N G C O N N E C T I O N T O T H E C R E E K T H R O U G H T H E U S E O F T R A I L N E T W O R K S , S I G N A G E , W A Y F I N D I N G GR A P H I C S , A N D O T H E R S I T E A M E N I T I E S . TH I S D E V E L O P M E N T W I L L F O C U S O N A C O M M U N I T Y D R I V E N A P P R O A C H , A C C O M P L I S H E D B Y C R E A T I N G C O N N E C T I O N S T O T H E SU R R O U N D I N G N E I G H B O R H O O D S F O R E A S Y A C C E S S I N T O T H E S I T E , U N I F Y I N G D E S I G N E L E M E N T S , A N D P R O V I D I N G N U M E R O U S OP P O R T U N I T I E S T O S H O P , L I V E , W O R K , A N D P L A Y W I T H I N T H I S D E V E L O P M E N T . LO T S 1 A N D 2 , B L O C K 1 ; LO T S 1 A N D 2 , B L O C K 2 ; LO T 1 , B L O C K 3 ; LO T S 1 , 2 A N D 3 , B L O C K 4 ; AN D T R A C T S A A N D B ; CL E A R C R E E K C R O S S I N G S U B D I V I S I O N F I L I N G N O . 2 , CO U N T Y O F J E F F E R S O N , S T A T E O F C O L O R A D O TO T A L A R E A O F A L L P A R C E L S = 4 , 7 9 1 , 2 8 7 S Q . F T . ( 1 0 9 . 9 9 3 A C R E S ) M O R E O R L E S S NO T E : T H E P R O P O S E D P L A N N I N G A R E A L A N D V A L U E S H E R E I N H A V E B E E N A D J U S T E D T O A C C O U N T F O R T H E R E V I S E D R O W D E D I C A T I O N . 40 t h A v e . YO U N G F I E L D SE R V I C E R O A D YO U N G F I E L D S t . SH E E T I N D E X AN X - 0 5 - 0 1 , S U P - 0 5 - 0 1 , W Z - 0 5 - 0 1 , W Z - 0 5 - 0 2 , S U P - 0 5 - 0 4 , S U P - 0 6 - 0 5 , WZ - 0 6 - 0 3 , W S - 0 6 - 0 1 , M S - 0 6 - 0 9 , M S - 0 6 - 1 0 , S U P - 1 0 - 0 1 , A N X - 1 1 - 0 1 , WZ - 1 1 - 0 1 , W Z - 1 1 - 0 2 , W S - 1 1 - 0 1 , W Z - 1 6 - 0 7 ST A T E O F C O L O R A D O ) ) S S CO U N T Y O F J E F F E R S O N ) TH E F O R E G O I N G I N S T R U M E N T W A S A C K N O W L E D G E D B E F O R E M E T H I S _ _ _ _ _ _ _ D A Y O F _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ , A . D . 2 0 1 8 BY _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ . WI T N E S S M Y H A N D A N D O F F I C I A L S E A L . M Y C O M M I S S I O N E X P I R E S : _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ NO T A R Y P U B L I C BR O K E N H I L L 3 , L . L . C . APPLICANT:DATE:SHEET TITLE: C H E C K E D B Y : D R A W N B Y : CLEAR CREEK CROSSING CITY OF WHEAT RIDGE, COLORADO NOT FOR CONSTRUCTION CL E A R C R E E K C R O S S I N G AN O F F I C I A L P L A N N E D M I X E D U S E O U T L I N E D E V E L O P M E N T P L A N CI T Y O F W H E A T R I D G E , C O L O R A D O A P A R C E L O F L A N D , L O C A T E D I N T H E S E 1 4 O F S E C T I O N 1 9 , T H E S W 1 4 O F S E C T I O N 2 0 , TH E N E 1 4 O F S E C T I O N 2 9 , T 3 S , R 6 9 W , O F T H E S I X T H P . M . , CI T Y O F W H E A T R I D G E , C O U N T Y O F J E F F E R S O N , S T A T E O F C O L O R A D O DECEMBER 14, 2016 MAY 10, 2017 JULY 21, 2017 AUGUST 30, 2017 NOVEMBER 20, 2017 JANUARY 02, 2017 02 OF 04LAND USE CL E A R C R E E K D R I V E ZO N I N G : P I D OF F I C E / W A R E H O U S E (E X I S T I N G ) ZONING:SINGLE FAMILY RESIDENTIAL (EXISTING) PL A N N I N G AR E A 1 (2 5 . 4 3 A C R E S ) RA I L R O A D R . O . W .                     C L E A R C R E E K D R I V E PL A N N I N G AR E A 4 (3 . 1 2 A C R E S ) PL A N N I N G A R E A 6 (1 8 . 7 5 A C R E S ) PL A N N I N G AR E A 3 (1 1 . 0 4 A C R E S ) RE G I O N A L WA T E R QU A L I T Y (1 1 . 7 2 A C R E S ) W. 32ND AVE. 4 0 T H A V E . CL E A R C R E E K LA N D S U M M A R Y PL A N N I N G A R E A 1 25 . 4 3 A C R E S PL A N N I N G A R E A 2 13 . 8 4 A C R E S PL A N N I N G A R E A 3 11 . 0 4 A C R E S PL A N N I N G A R E A 4 6. 1 0 A C R E S PL A N N I N G A R E A 5 4. 1 9 A C R E S PL A N N I N G A R E A 6 18 . 7 5 A C R E S PL A N N I N G A R E A 7 3. 4 3 A C R E S PL A N N I N G A R E A 8 15 . 4 8 A C R E S RE G I O N A L W A T E R Q U A L I T Y 1 1 . 7 2 A C R E S TO T A L 10 9 . 9 9 A C R E S FU T U R E HO O K RA M P S 1. I N T E R N A L P E D E S T R I A N C R O S S A C C E S S B E T W E E N PL A N N I N G A R E A S S H A L L B E P R O V I D E D ; L O C A T I O N S AN D A L I G N M E N T O F S U C H C O N N E C T I O N S S H A L L BE F I N A L I Z E D D U R I N G S P E C I F I C D E V E L O P M E N T PL A N S P R O C E S S I N G . 2. T H E C O L O R A D O D E P A R T M E N T O F TR A N S P O R T A T I O N “ A C C E S S C O N T R O L L I N E ” DE P I C T E D A S T H E C D O T ' A ' L I N E I S U S E D T O RE G U L A T E T H E “ C O N T R O L O F A C C E S S ” T O IN T E R S T A T E R I G H T S - O F - W A Y A N D D E S I G N A T E D FR O N T A G E R O A D S F O R B O T H T R A N S P O R T A T I O N AN D N O N - T R A N S P O R T A T I O N P U R P O S E S . A L L L A N D OW N E R S A D J A C E N T T O “ A C C E S S C O N T R O L L I N E S ” AR E R E S T R I C T E D F R O M E A C H A N D E V E R Y R I G H T OF A C C E S S , I N G R E S S , A N D E G R E S S T O PR O P E R T I E S A D J A C E N T A N D A B U T T I N G T H E AC C E S S C O N T R O L L I N E . APPLICANT:DATE:SHEET TITLE: C H E C K E D B Y : D R A W N B Y : CLEAR CREEK CROSSING CITY OF WHEAT RIDGE, COLORADO NOT FOR CONSTRUCTION CL E A R C R E E K C R O S S I N G AN O F F I C I A L P L A N N E D M I X E D U S E O U T L I N E D E V E L O P M E N T P L A N CI T Y O F W H E A T R I D G E , C O L O R A D O A P A R C E L O F L A N D , L O C A T E D I N T H E S E 1 4 O F S E C T I O N 1 9 , T H E S W 1 4 O F S E C T I O N 2 0 , TH E N E 1 4 O F S E C T I O N 2 9 , T 3 S , R 6 9 W , O F T H E S I X T H P . M . , CI T Y O F W H E A T R I D G E , C O U N T Y O F J E F F E R S O N , S T A T E O F C O L O R A D O DECEMBER 14, 2016 MAY 10, 2017 JULY 21, 2017 AUGUST 30, 2017 NOVEMBER 20, 2017 JANUARY 02, 2017LEGENDPLANNING AREA BOUNDARY EXISTING CLEAR CREEK TRAIL PROPOSED PRIMARY TRAIL VEHICULAR ACCESS (CONCEPTUAL) PL A N N I N G AR E A 2 (1 3 . 8 4 A C R E S ) PLANNING AREA 5 (4 . 1 9 A C R E S ) PL A N N I N G AR E A 7 (3 . 4 3 A C R E S ) PL A N N I N G AR E A 4 (2 . 9 8 A C R E S ) PL A N N I N G AR E A 8 (1 5 . 4 8 A C R E S ) ZO N I N G : P C D CO M M E R C I A L (V A C A N T ) MU L T I - U S E T R A I L C O N N E C T I O N (B Y P R O S P E C T R E C R E A T I O N AN D P A R K D I S T R I C T ) NO T E S ZO N I N G : P C D CO M M E R C I A L (V A C A N T ) OFF-SITE MULTI-USE TRAIL CONNECTION CDOT 'A' LINEPLANNING AREA PEDESTRIAN OR VEHICULAR CROSS ACCESS (CONCEPTUAL)PROPOSED SECONDARY TRAIL CLEAR CREEK APPLICANT:DATE:SHEET TITLE: C H E C K E D B Y : D R A W N B Y : CLEAR CREEK CROSSING CITY OF WHEAT RIDGE, COLORADO NOT FOR CONSTRUCTION CL E A R C R E E K C R O S S I N G AN O F F I C I A L P L A N N E D M I X E D U S E O U T L I N E D E V E L O P M E N T P L A N CI T Y O F W H E A T R I D G E , C O L O R A D O A P A R C E L O F L A N D , L O C A T E D I N T H E S E 1 4 O F S E C T I O N 1 9 , T H E S W 1 4 O F S E C T I O N 2 0 , TH E N E 1 4 O F S E C T I O N 2 9 , T 3 S , R 6 9 W , O F T H E S I X T H P . M . , CI T Y O F W H E A T R I D G E , C O U N T Y O F J E F F E R S O N , S T A T E O F C O L O R A D O DECEMBER 14, 2016 MAY 10, 2017 JULY 21, 2017 AUGUST 30, 2017 NOVEMBER 20, 2017 JANUARY 02, 2017 03 OF 04USE TABLE AL L O W E D U S E S PA - 1 P A - 2 PA - 3 PA - 4 PA - 5 PA - 6 PA - 7 PA - 8 RE S I D E N T I A L I N C L U D I N G : AS S I S T E D L I V I N G F A C I L I T Y P P N P N P P P N P N P DW E L L I N G , S I N G L E A T T A C H E D NP P N P N P P P N P N P DW E L L I N G , D U P L E X NP P N P N P P P N P N P DW E L L I N G , M U L T I P L E P P N P N P P P N P N P DW E L L I N G , L I V E / W O R K P P N P N P P P N P N P PU B L I C , C I V I C A N D I N S T I T U T I O N A L I N C L U D I N G : CO M M U N I T Y B U I L D I N G S I N C L U D I N G L I B R A R I E S , A N D M U S E U M S PP P P P P P N P GO V E R N M E N T A N D Q U A S I - G O V E R N M E N T A L B U I L D I N G S A N D O F F I C E S PP P P P P P N P HO S P I T A L P N P N P N P N P N P N P N P PA R K S , O P E N S P A C E , P L A Y G R O U N D S A N D P L A Z A S PP P P P P P P PU B L I C U S E S A N D B U I L D I N G S P P N P N P N P N P N P N P INDOOR A M U S E M E N T A N D R E C R E A T I O N A L E N T E R P R I S E S P P P P P P P N P OU T D O O R A M U S E M E N T F A C I L I T I E S P P P PP P P N P SC H O O L S , P U B L I C A N D P R I V A T E , C O L L E G E S , U N I V E R S I T I E S , T R A D E S C H O O L S P P NP N P N P N P N P N P UT I L I T I E S , M A J O R NP N P N P N P N P N P N P P UT I L I T I E S , M I N O R PP P P P P P P UR B A N G A R D E N S ( S E E 2 6 - 6 3 7 ) P P N P N P N P N P N P N P TR A N S I T S T A T I O N S , P U B L I C O R P R I V A T E PP P P P P P N P WA T E R S T O R A G E N P N P N P N P N P N P N P P CO M M E R C I A L S E R V I C E S A N D R E T A I L I N C L U D I N G : AD U L T E N T E R T A I N M E N T NP N P N P N P N P N P N P N P AMUSEMENT F A C I L I T I E S O R O U T D O O R R E C R E A T I O N P P P P P P P N P AN I M A L D A Y C A R E , I N D O O R W I T H N O O U T D O O R R U N S O R P E N S PP P N PP P P N P AP P L I A N C E , H O M E I M P R O V E M E N T A N D H O M E F U R N I S H I N G S T O R E S PP P P P P P N P AU T O S E R V I C E A S A N A C C E S S O R Y T O P R I M A R Y P N P N P PP P P N P BA N K S A N D F I N A N C I A L I N S T I T U T I O N S , N O D R I V E - T H R O U G H O R D R I V E - U P PN PP P P P P N P BA N K S A N D F I N A N C I A L I N S T I T U T I O N S , D R I V E - T H R O U G H O R D R I V E - U P PN PP *P P P P N P BA R S , T A V E R N S A N D N I G H T C L U B S PP P P P P P N P CA R W A S H E S , A S A C C E S S O R Y T O R E T A I L N PN PN PP P P P N P DA Y C A R E C E N T E R , C H I L D A N D A D U L T PP P P P P P N P DR I V E - U P O R D R I V E - T H R O U G H U S E S ( S E E 2 6 - 1 1 0 6 E W H E A T R I D G E M U N I . C O D E ) P N P P * P P P N P N P DR U G S T O R E S , D R I V E - T H R O U G H O R D R I V E - U P PP P P P P P N P EA T I N G E S T A B L I S H M E N T , S I T D O W N PP P P P P P N P EA T I N G E S T A B L I S H M E N T , D R I V E - T H R O U G H O R D R I V E - U P PN PP *P P P P N P GR O C E R Y & S P E C I A L T Y F O O D S T O R E S P P P PP P P N P HA I R , N A I L A N D C O S M E T I C S E R V I C E S PP P P P P P N P LE G E N D : P: P E R M I T T E D U S E NP : N O T P E R M I T T E D U S E SU : S P E C I A L U S E NO T E S : 1. O U T D O O R D I S P L A Y A L L O W E D A S S H O W N O N T H E S P E C I F I C D E V E L O P M E N T P L A N A N D I S SU B J E C T T O S E C T I O N 2 6 - 6 3 1 O F T H E W H E A T R I D G E C O D E O F L A W S . T E M P O R A R Y S A L E S A R E AL L O W E D P U R S U A N T T O S E C T I O N 2 6 - 6 3 0 O F T H E W H E A T R I D G E C O D E O F L A W S . 2. A R C H I T E C T U R A L D E S I G N , S I T E D E S I G N , S T R E E T S C A P E , S I G N A G E , F E N C I N G , L I G H T I N G A N D LA N D S C A P I N G S H A L L B E I N C O N F O R M A N C E W I T H T H E C L E A R C R E E K C R O S S I N G D E S I G N PA T T E R N B O O K , K E P T O N F I L E W I T H T H E C I T Y O F W H E A T R I D G E C O M M U N I T Y D E V E L O P M E N T DE P A R T M E N T . * D R I V E - U P O R D R I V E - T H R U U S E S P E R M I T T E D O N L Y A S P A R T O F A M U L T I - T E N A N T B U I L D I N G APPLICANT:DATE:SHEET TITLE: C H E C K E D B Y : D R A W N B Y : CLEAR CREEK CROSSING CITY OF WHEAT RIDGE, COLORADO NOT FOR CONSTRUCTION CL E A R C R E E K C R O S S I N G AN O F F I C I A L P L A N N E D M I X E D U S E O U T L I N E D E V E L O P M E N T P L A N CI T Y O F W H E A T R I D G E , C O L O R A D O A P A R C E L O F L A N D , L O C A T E D I N T H E S E 1 4 O F S E C T I O N 1 9 , T H E S W 1 4 O F S E C T I O N 2 0 , TH E N E 1 4 O F S E C T I O N 2 9 , T 3 S , R 6 9 W , O F T H E S I X T H P . M . , CI T Y O F W H E A T R I D G E , C O U N T Y O F J E F F E R S O N , S T A T E O F C O L O R A D O DECEMBER 14, 2016 MAY 10, 2017 JULY 21, 2017 AUGUST 30, 2017 NOVEMBER 20, 2017 JANUARY 02, 2017 04 OF 04USE TABLE CONTINUED AL L O W E D U S E S , C O N T I N U E D PA - 1 P A - 2 PA - 3 PA - 4 PA - 5 P A - 6 PA - 7 PA - 8 CO M M E R C I A L S E R V I C E S A N D R E T A I L I N C L U D I N G ( C O N T I N U E D ) : HA R D W A R E S T O R E S P P P P P P P N P LI Q U O R S T O R E S NP N P P P P P P N P MO T O R F U E L I N G S T A T I O N S NP N P N P P P P P N P MO T O R V E H I C L E S A L E S , O U T D O O R D I S P L A Y NP N P N P N P N P N P N P N P MO T O R V E H I C L E S A L E S , I N D O O R D I S P L A Y PP P P P P P N P OP T I C A L S T O R E S P P P P P P P N P OU T D O O R S T O R A G E A S A C C E S S O R Y U S E P N P N P N P N P N P N P N P PA W N B R O K E R S NP N P N P N P N P N P N P N P PE R S O N A L S E R V I C E S P P P P P P P N P PH O T O C O P Y I N G A N D P R I N T I N G P P P P P P P N P PR O D U C E S T A N D S ( S E E 2 6 - 6 3 6 A N D 2 6 - 6 1 3 F O R H O M E O C C U P A T I O N PP P P P P P N P RE C R E A T I O N A L F A C I L I T I E S , C O M M E R C I A L PP P P P P P N P RE P A I R , R E N T A L A N D S E R V I C I N G O F A U T O M O B I L E S , N O O U T D O O R S T O R A G E PN P N P P P P P N P RE T A I L PP P P P P P N P SP O R T I N G G O O D S S T O R E P P P P P P P N P VE T E R I N A R Y C L I N I C S A N D H O S P I T A L S , N O O U T D O O R R U N S O R P E N S PP P P P P P N P HO S P I T A L I T Y A N D E N T E R T A I N M E N T I N C L U D I N G : AR T S T U D I O S A N D G A L L E R I E S P P P P P P P N P HO T E L S , M O T E L S A N D E X T E N D E D S T A Y L O D G I N G PP P P P P P N P PR I V A T E C L U B S A N D S O C I A L C L U B S NP N P N P N P N P N P N P N P ST U D I O S I N C L U D I N G A R T , M U S I C , D A N C E , T V A N D R A D I O B R O A D C A S T I N G ST A T I O N S PP P P P P P N P TE M P O R A R Y O U T D O O R T H E A T E R / P E R F O R M A N C E P P P P P P P N P TH E A T E R S PP P P P P P N P OF F I C E A N D I N D U S T R I A L I N C L U D I N G : ME D I C A L A N D D E N T A L C L I N I C S P P P P P P P N P OF F I C E S PP P P P P P N P OF F I C E - W A R E H O U S E , N O O U T D O O R S T O R A G E P N P N P N P N P N P N P N P PR O C E S S I N G , A S S E M B L Y O R L I G H T I N D U S T R I A L O P E R A T I O N S SU N P N P N P N P N P N P N P RE S E A R C H L A B O R A T O R I E S A N D O F F I C E S P P N P N P N P N P N P N P WA R E H O U S E NP N P N P N P N P P N P N P WH O L E S A L E NP N P N P N P N P P N P N P AN C I L L A R Y U S E S I N C L U D I N G : PA R K I N G F A C I L I T I E S ( I N C L U D I N G S T R U C T U R E S ) PP P P P P P N P TE M P O R A R Y U S E S I N C L U D I N G : SP E C I A L E V E N T S , I N C L U D I N G F E S T I V A L A N D F A R M E R S M A R K E T S ( S E E 2 6 - 6 3 5 ) PP P P P P P N P OT H E R SI M I L A R U S E S P E R S E C T I O N 2 6 - 3 0 9 O F T H E W H E A T R I D G E C O D E O F L A W S P P P P P P P N P LE G E N D : P: P E R M I T T E D U S E NP : N O T P E R M I T T E D U S E SU : S P E C I A L U S E NO T E S : 1. O U T D O O R D I S P L A Y A L L O W E D A S S H O W N O N T H E S P E C I F I C D E V E L O P M E N T P L A N A N D I S SU B J E C T T O S E C T I O N 2 6 - 6 3 1 O F T H E W H E A T R I D G E C O D E O F L A W S . T E M P O R A R Y S A L E S A R E AL L O W E D P U R S U A N T T O S E C T I O N 2 6 - 6 3 0 O F T H E W H E A T R I D G E C O D E O F L A W S . 2. A R C H I T E C T U R A L D E S I G N , S I T E D E S I G N , S T R E E T S C A P E , S I G N A G E , F E N C I N G , L I G H T I N G A N D LA N D S C A P I N G S H A L L B E I N C O N F O R M A N C E W I T H T H E C L E A R C R E E K C R O S S I N G D E S I G N PA T T E R N B O O K , K E P T O N F I L E W I T H T H E C I T Y O F W H E A T R I D G E C O M M U N I T Y D E V E L O P M E N T DE P A R T M E N T . January, 2018 VISION BOOKCLEAR CREEK CROSSING WHEAT RIDGE, CO 1CLEAR CREEK CROSSING WHEAT RIDGE, CO | JANUARY, 2018 VISION Located at the southwest quadrant of Hwy 58 and I-70 in Wheat Ridge, Colorado, Clear Creek Crossing is an 110-acre planned mixed use development, including retail, entertainment, hotel, multi-family residential and employment land uses. With the site’s proximity to Clear Creek, the project will include a strong connection to the creek through the use of trail networks to and through the planned development. Clear Creek Crossing’s community-driven approach will embrace simplicity in its design, taking cues from the natural beauty and history of the location while taking advantage of visibility and direct accessibility to a major freeway corridor. It will provide the community with exciting new opportunities to live, work, shop, dine, stay and play. 2CLEAR CREEK CROSSING WHEAT RIDGE, CO | JANUARY 2018 Community is not a place, but the connection among people with something in common - sharing experiences. Where communities connect to the place, that is Clear Creek Crossing. VISION 3CLEAR CREEK CROSSING WHEAT RIDGE, CO | JANUARY, 2018 ZONING: SF RESIDENTIAL (EXISTING) COORS’ WATER STORAGE MAPLE GROVE ELEMENTARY SCHOOL PA 1 PA 2 PA 3 PA 4 PA 4 PA 5 PA 6 PA 7 ZONING: INDUSTRIAL (EXISTING) C LEAR CREEK DRIVE C L E A R C R E E K D R I V E 40 T H A V E N U E YOUNGFIELD STREET W 3 2 N D A V E N U E RAILROAD APPLEWOOD GOLF COURSE (PROSPECT RECREATION & PARK DISTRICT) PLANNED I-70 HOOK RAMPS PA 8 REGIONAL WATER QUALITY ZONING: PD COMMERCIAL (VACANT) ZONING: PD COMMERCIAL (VACANT) CLEAR CREEK PROJECT Clear Creek Crossing Outline Development Plan (ODP) includes eight (8) planning areas, each with unique development standards. The site’s location at the junction of I-70 and Hwy 58 off ers an opportunity for a wide mix of uses within the planned development, given its superb visibility and accessibility, via planned ramps directly into Clear Creek Crossing. The site envelopes a signifi cant portion of Clear Creek and its associated trail, providing existing connections to regional trails and surrounding communities. Refer to the Clear Creek Crossing Offi cial Development Plan for the allowable use chart and a depiction of the individual planning areas. Specifi c project guidelines and land development standards are detailed in the Clear Creek Crossing Design Pattern Book, intended to provide clear and consistent direction for the future development of the project. 4CLEAR CREEK CROSSING WHEAT RIDGE, CO | JANUARY, 2018 PROJECT SITE HISTORY This site has a rich history that extends all the way back to the Colorado Gold Rush. Clear Creek is renowned for its part in the most intense and early mining activity during the Gold Rush of 1859. Later on, this site, also known as the Arapahoe Bar, was the location of the fi rst irrigation ditch and commercial farming operation in Colorado. For over 155 years men, women and children have come to this place to experience the thrill of discovery and the connection with the great Colorado outdoors. OVERALL CHARACTER OF DEVELOPMENT The Clear Creek Crossing Planned Mixed Use Development is intended to provide the City of Wheat Ridge with a destination development that includes a wide range of uses to grow the City’s commercial, residential, and employment bases. Through the use of unifying design elements, including architectural style, landscape design and urban design with special attention paid to its public spaces, this project will be unique in uses and authentic in its architectural style, while providing a cohesive experience for the user. The development will focus on creating a strong sense of place that respects the cultural heritage, promoting cultural awareness as well as strong kinship ties. Clear Creek Crossing will celebrate the intrinsic values that defi ne the City of Wheat Ridge, seeking to embrace the simple beauties of the landscape in an authentic gesture. The overall design theme for the project is a modern agrarian aesthetic that blends traditional agrarian forms and materials with modern archetypes and users. To accomplish this theming among the distinct land uses within the project, a group of districts have been established to allow a unique treatment for each land use while maintaining cohesive design elements throughout all districts. The project is envisioned to be one grown from the earth with a strong emphasis on the base plane and building integration with the site as well as surrounding context. With its proximity to Clear Creek, along with the rich history of the area, the overall character of this development will focus on a strong connection to the creek through the use of trail networks, signage, wayfi nding graphics, and other site amenities. Clear Creek Crossing will focus on a community-driven approach, accomplished by creating connections to the surrounding neighborhoods for easy access into the site, unifying design elements, and providing numerous opportunities to shop, live, work, and play. 5CLEAR CREEK CROSSING WHEAT RIDGE, CO | JANUARY, 2018 HOMESTEAD RESIDENTIAL DISTRICT MILL COMMERCIAL DISTRICT HARVEST COMMERCIAL DISTRICT VINEYARD COMMERCIAL DISTRICT COORS’ WATER STORAGE POTENTIAL FUTURE CONNECTIVITY (FUTURE PHASE) RAILROAD YOUNGFIELD STREET W 3 2 N D A V E N U E WAGON OPEN SPACE DISTRICT PA 5 PA 6 PA 7 PA 4PA 4 PA 3 PA 1 PA 5 PA 2 C L E A R C R E E K D R I V E 40 T H A V E N U E APPLEWOOD GOLF COURSE (PROSPECT RECREATION & PARK DISTRICT) HASHASHASAAE)E)E)) PA 8 E NU EZONING: SF RESIDENTIAL (EXISTING) ZONING: INDUSTRIAL (EXISTING) ZONING: PD COMMERCIAL (VACANT) ZONING: PD COMMERCIAL (VACANT) POTPOPOTPOTPOTPENTENTENTNTEN FUTFUTFUTFUTFUFURURURUR CONCONCONCONCONNECNECNECNECECCTTT (FU(FU(FU(FU(TURTURTURUREPEPPEE DI HHHHHOM RES CO INEYARD OMMERCIAL WAGON OPEN SPACE DISTRICT PAPA4V CO HARVEST COMMERCIAL DISTRICT I MESTEADDD IDENTIAL MILL OMMERCIAL DISTRICT STRICT IDENTIAL OMMERCIAL DISTRICT PA 6 PA 7 PA 3 CO PA 1 PA 2 C L L L L L L E E A A A A A A R R R C C C C R R R R E E E E E E E KKK DDD RRRR I I I I VVVVVV EEEEEE E E E E E E E E E E E E E U NU U U U NU N U U NU NU U U NU NU N N N N N N N N E E E E E E E E E E E E E E E E E E E E E E E E E NU NU NU U N N E E E E E E E E E E E NU E E E E E E U U NU U U U N N N N N E E E E E EN U E A A A A A A A A A A A A A A A A VE V V V V V V V V V V V V V V V V A A A A V V V V A VE A A A A A A A A 40 40 40 40 0 40 40 0 40 4 0 40 0 4 4 4 4 4 4 4 4 4 4 4 4 4 4 TH TH TH H H H TH H TH H H H H H H TH H H TH H TH H H H H H H H H H TH T T T T T T A A A A A A A A A A A A A A A H TH H TH A A A A A A 40 T H A A A A A VE VE V V V A V A A A A 40 40 40 40 40 4 4 4 4 4 TH TH TH TH TH TH A A A A A 40 T H A 40 TH A VE AAAPPAPPAPAPPAPAPPAPPAPPAPPPLEWLEWLELEWLEWLEWLEWLEWWLLEWWOODOODOODOODODODOODO GOGOGOGOGOOGOGGGGGLFLFLFLFLL CCOUCOUCOUCOORSERSERSERSSES IALIALIALLIALIA REREREE IVIVIVIVVVITYITYITYITYITYITYTY HASHASHASSASE)E)E) E YYYYYYY PA 8 ZONZOZOZONZONZONOZONNONNNZOZOINGINGINGNGINGGNGIGNGGGG:: PPP: PP:PPD DD D COMCOCOCOCOMCOOOMCOMMOMCOMMMERMERMERMERMERMERRMERRRCCCCCCIAACIACCCCICCALLLLLLLL (V(VA(VAVAVAVA(V(VVAVAVA((CANCANCANCANACANANCANCANNANCNCANNNCANTT)T)T)TT) ZONZOZONZONZONOINGINGINGINGINIG: PP: P: P: PPPDDDDDD COMCCOMCOMCOMMMERMERMERMMERRERRCIACIACIACIAAIACIALLLLLL (VA(VA(VA(VA(VA(VA(VAAACACCANANCANCANCANCANAANNNNNNNT)T)T)T)T) CLEAR CREEK NORTH SCALE: 1”=300’ 0 300 600 Project Districts The Clear Creek Crossing Planned Mixed Use Outline Development Plan includes eight planning areas; based on the proposed use within each planning area, distinct groupings or Districts have been created in order to apply distinct and varied treatment that is unique to the use within that district, while maintaining cohesive theming through the use of architecture, landscape, urban design, and signage. DISTRICTS 5 6CLEAR CREEK CROSSING WHEAT RIDGE, CO | JANUARY, 2018 DISTRICTS The Harvest District encompasses retail and hospitality uses. Design inspiration comes from cultivated agrarian land patterns. Defi ned with landscape treatment recalling plentiful harvest, the District is characterized by form following function. The Mill District’s form follows function of activity and productivity. The employment land use is complemented with raw agrarian materials. Landscape design and form may refl ect working mills using key agricultural imagery like storage silos or water wheels as inspiration in this District. The Vineyard District includes entertainment, restaurant, and retail uses creating a central social destination. Strong unifi ed architecture and design refl ecting cultivated land forms will establish this portion of Clear Creek Crossing creating a unique community experience. Anchored by multi-family land use, the Homestead District is for dwelling. Agrarian forms in architecture, landscape, and amenities create a community that off ers a place to call home. Opportunities for community gardens can refl ect the nature of a traditional homestead. The Homestead will make the most of mountain views and proximity to Clear Creek, with strong connectivity to the rest of the community. Consisting of the foot trails and bike ways, the creek area, and scenic views, the Wagon District will be a place of activity and leisure that provides strong connectivity throughout the entire site including convenient access to Clear Creek. The Wagon District will serve the community by providing an important link to the great Colorado outdoors. HARVESTMILL VINEYARD HOMESTEAD WAGON 7CLEAR CREEK CROSSING WHEAT RIDGE, CO | JANUARY, 2018 MILL The Mill District encompasses employment uses, encouraging medium to high density development, with uses including corporate campus-type uses such as offi ce, research & development, hospital, and university/education uses. Buildings shall be placed according to the requirements of the respective use and in consideration of the characteristics of the site. Parking is likely to be surface with a potential for structured parking where appropriate. Building height, density and setbacks refl ect the site’s location on an interstate. The Vineyard District is comprised of retail and entertainment uses including stores, shop buildings, banks, restaurants including both full-service and quick- serve, theater and gaming. Buildings shall be placed according to the requirements of the respective use and in consideration of the characteristics of the site, while placing a priority on circulation, walkability and common site amenities. Parking will be in surface lots, with potential for structured parking to serve entertainment uses. Site design at the pedestrian level will encourage walkability by connecting users to the planning areas and the various tenants within them. Where possible, siting of buildings should prioritize fronting to public or private streets with parking located behind to help establish place- making. Retail, in the form of large format with accessory small retail uses, restaurant and hotel uses will create the Harvest District. Buildings shall be placed according to the requirements of the respective use and in consideration of the characteristics of the site, while placing a priority on circulation and walkability. Parking will be in surface lots. Signage is intended to be “brand- forward” as required by national operators but should coordinate with the overall Clear Creek Crossing signage design. Multifamily residential uses, including apartment complex and/or townhome formats comprise the Homestead District. Buildings shall be placed according to the requirements of the respective use and in consideration of the characteristics of the site, while placing a priority on circulation and walkability. Parking will be in surface lots. In addition, above grade garages tucked under units in buildings or in separate buildings shall be allowed. The Wagon District is a multi use trail network connecting to all other Districts by sidewalks. It connects to locations off - site to the north at Clear Creek Trail and to the south, at the planned trail by Prospect Recreation and Park District connecting to the Applewood neighborhood through the existing Applewood Golf Course. The trails will include common surface design, wayfi nding signage, trash receptacles, benches and other amenities. Landscaping should be natural and native to the region. Shade shall be provided by trees and a trailhead shade structure with a small surface parking lot at the northern end of the site as well as street parking along Clear Creek Drive will be utilized to provide access to the Clear Creek Trail. HARVESTVINEYARD HOMESTEAD WAGON DISTRICTS 8CLEAR CREEK CROSSING WHEAT RIDGE, CO | JANUARY, 2018 ARCHITECTURE Architectural design is grounded in the beauty and history of the site with a modern agrarian aesthetic, blending traditional forms with modern users. Simple yet expressive structures create a strong sense of place while respecting the cultural heritage of the location. ARCHITECTURAL INTENT & CHARACTER With respect to the surroundings of this site as well as its rich history and relation to Clear Creek, the architecture of this development should be one that is grounded in its site, both from a local and regional perspective. While the intent of the development as a whole is intended to create a cohesive and inviting environment, the architectural style of individual buildings is intended to remain fl exible in design in order to allow for a unique development and discourage monotony. The architecture is intended to be of a modern expression while including hints of vernacular architectural styles of the Front Range and the Rocky Mountain region. This will manifest itself in the building forms and massing, roof forms, fenestration patterns & openings, overhangs and canopies, materials and fi nishes, building transparency and the utilization of indoor/outdoor spaces which provide a strong connection to the outdoor lifestyle. Key themes to be considered to achieve this vernacular Colorado style include modern interpretations of authentic architectural styles including ranch, agrarian, prairie, and western industrial. It is imperative that some fl exibility in the following standards and guidelines be considered to allow for architectural variety and franchise architecture, as long as the proposed quality is consistent with these guidelines. 9CLEAR CREEK CROSSING WHEAT RIDGE, CO | JANUARY, 2018 Connected to the rich history of the location as well as its proximity to Clear Creek, simple forms and materials drawn from barns, sheds and stone buildings inspire the modern agrarian design direction. These buildings are utilitarian, with design and materials intended to serve a functional purpose, built to last over time. Pure yet expressive structures, these simple forms are a response to the site and in many ways contemporary in approach. ARCHITECTURE 10CLEAR CREEK CROSSING WHEAT RIDGE, CO | JANUARY, 2018 Key architectural themes call for a utilitarian approach to building and roof forms arising from basic needs, where every element has a purpose. Rugged but inviting, these structures refl ect the outdoor lifestyle embedded in the culture of the community, manifested through building and roof forms, massing, transparency, fenestration patterns, openings and canopies. ARCHITECTURE 11CLEAR CREEK CROSSING WHEAT RIDGE, CO | JANUARY, 2018 The building forms at Clear Creek Crossing utilize simple modern agrarian archetypes. Buildings are to be broken down into smaller human scaled elements that are seamlessly integrated into the ground plane. Buildings are designed to feel indigenous to the area and representative of the agricultural history of the site. The roof forms of the buildings are intended to be one of the key design elements for the buildings at Clear Creek Crossing. Buildings will incorporate a variety of roof types, slopes, and materials. ARCHITECTURE 12CLEAR CREEK CROSSING WHEAT RIDGE, CO | JANUARY, 2018 Material palette may apply to architecture, signage and site amenities at Clear Creek Crossing. Materials should be simplistic in approach to the agrarian design and provide a connection to the natural cues of the site. ARCHITECTURE AGRARIAN MATERIAL PALETTE CMU STUCCO BOARD FORMED CONCRETE SECONDARY BOARD & BATTEN WOOD CEDAR SIDING STANDING SEAM CUT STONE WEATHERED METAL COURSED STONE STONE RECLAIMED RUSTIC FIELDSTONE 13CLEAR CREEK CROSSING WHEAT RIDGE, CO | JANUARY, 2018 The overall material palette for Clear Creek Crossing should be applied using the basic agrarian principles illustrated throughout the Vision Book. Material applications should be authentically applied with a focus on simplicity and an emphasis towards enhancing the building forms. ARCHITECTURE 14CLEAR CREEK CROSSING WHEAT RIDGE, CO | JANUARY, 2018 While a cohesive and inviting environment is the intention, the architectural style of individual buildings may remain reasonably fl exible, responding to the needs and expression of the respective uses, as suggested within the Districts. ARCHITECTURE 15CLEAR CREEK CROSSING WHEAT RIDGE, CO | JANUARY, 2018 Mill District Employment uses including corporate campus facilities, offi ces, hospital, research and development buildings. DISTRICT ARCHITECTURE 16CLEAR CREEK CROSSING WHEAT RIDGE, CO | JANUARY, 2018 Vineyard District Retail uses including stores and shop buildings, banks, and restaurants arranged both individually and in a collective format. DISTRICT ARCHITECTURE 17CLEAR CREEK CROSSING WHEAT RIDGE, CO | JANUARY, 2018 Homestead District Multi-family residential uses including apartments and townhomes. DISTRICT ARCHITECTURE 18CLEAR CREEK CROSSING WHEAT RIDGE, CO | JANUARY, 2018 Harvest District Larger format retail and hotel uses with potential for smaller retail uses as an accessory to the District. DISTRICT ARCHITECTURE 19CLEAR CREEK CROSSING WHEAT RIDGE, CO | JANUARY, 2018 Wagon District Multi-use trail and sidewalk network connecting the Districts as well as providing a link to Clear Creek and nearby neighborhoods. DISTRICT ARCHITECTURE 20CLEAR CREEK CROSSING WHEAT RIDGE, CO | JANUARY, 2018 21CLEAR CREEK CROSSING WHEAT RIDGE, CO | JANUARY, 2018 EXISTING TRAIL Existing Clear Creek Trail A key goal of Clear Creek Crossing is to maintain equivalent opportunities to access the Clear Creek trail system as they exist in the pre-development condition. Parking, interpretive signage, and access points are all considered as amenities to carry into the fi nished project. BRIDGEBRIDBRIDGEGE EXISTING CLEAR CREEK TRAILEEXISEXISNTINGTINGCLECLEAR CAR AR R CLEAR CREEK EXISTING TRAILHEAD/PARKING LOT AAIILLLL EXISTING REGIONAL DETENTION EXISTING CLEAR CREEK TRAIL EXISTING CLEAR CREEK TRAIL CONNECTIONIEXISEXISEXISSSSTINGTINGTINGCLECLECLEAR CAR CAR CREEKREEKREEK TRATRATRAIL CIL CIL CONNEONNEONNECTIOCTIOCTIONNN EXISTING UNPAVED PARKING WITH ARAPAHOE BAR INTERPRETIVE SIGN ARAPAHOE BAR INTERPRETATIVE SIGN REGIONAL DETENTION AREA OBLIQUE AERIAL OF SITE NORTH CLEAR CREEK CROSSING SITE BRIDBRIDRIDGEGEGE EXISTING CLEAR CREEK TRAIL 22CLEAR CREEK CROSSING WHEAT RIDGE, CO | JANUARY, 2018 PEDESTRIAN CIRCULATION ZONING: SF RESIDENTIAL (EXISTING) ZONING: INDUSTRIAL (EXISTING) COORS’ WATER STORAGE MAPLE GROVE ELEMENTARY SCHOOL PA 1 PA 2 PA 3 PA 4 PA 5 PA 6 RAILROAD YOUNGFIELD STREET W 3 2 N D A V E N U E APPLEWOOD GOLF COURSE (PROSPECT RECREATION & PARK DISTRICT) PA 7 PA 8 RE G I O N A L W A T E R QU A L I T Y ZONING: PD COMMERCIAL (VACANT) ZONING: PD COMMERCIAL (VACANT) 40 T H A V E . PA 4 RE G RE G RE G R IO N IO N N ON O L L AL L AL AL AL AL WA T T WA T WA T T WA T WA T AT ER ER ER E E D DD D D D AAAAALLLLLL ))))) PA 4PA 3 PPPPPA 4 PA 5 PA 6 PA 4 PEDESTRIAN CROSSING ENLARGEMENT POTENTIAL FUTURE ROAD CONNECTIVITY (FUTURE PHASE) G ENLARGEMENT NT CLEAR CREEK DRIVE I-70 HOOK RAMP PEDESTRIAN CROSSING PUBLIC SIDEWALK PA-4 FULL INTERSECTIONPA-4 C LEAR CREEK DRIVE EN U E PEDESTRIAN CROSSING ENLARGEMENT CLEAR CREEK R R R C L E A R C R E E K D R I V E P VE VE VE VE .. VE PA 1 0 0 TH TH A A V V 0 0 TH TH A A V V AV PPA 1 AAAPPAPPAPPAPAPPAPPAPPPAPPPPPLEWLEWLEWLEWLEWLEWLEWWWLEWLEWOODOODOODOODODODOD GOGOGOGOGOGGOGGGLFLFLFLFLL COUCOUCOUCOUCOORSERSERSERSRSESS NGNGNGNGGGNGNGGGGG: : PPPP: PP::PDDD ERERERERERERRRRRRRRCCCIACIACIAACCCACCCCCLLLLLLL CANCANCANCANANCACANNNCNAANCACANT)T)T)TT)T PA 7 RE G RE G RE R IO N IO N N ON AL AL AL WA T T WA T WA T WA WA ER R ER ER R R QU A QU A QU A U Q Q T LI T LI T LI T Y Y Y Y Y Y Y Y ZOZONZONZONOZOZONONNZONNZOONOININININININN COCOCOMCOMCOMCOMCOCOMCOMMOOMMOOOOOOMEMEMEMEMMMMMM (V(VA(VAVA(VA(VA(VAVA(VVA((CCCCCCCCCCC RE G RE G E R IO N IO N ON AL AL A WA T WA T WA T A A A W W R ER ER ER QU A QU A QU A A A A QU A U LI T LI T LI T LI T LI T L L Y Y Y Y Y Y PPAR R R A2 L L E E A A R R R C C RR E E EEEEEEEE KK DD RR I I VV EEE C C L L L L E A 4 4 4 4 4 4 4 4 EEEEEEEE 4 CCCC 4 CCCCCCCCCRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRREEEEEEEEEEEEEEEEEE PUBLIC GATHERING SPACE TRAILHEAD EXISTING CLEAR CREEK TRAIL PRIMARY MULTI-USE TRAIL SECONDARY TRAIL PPP MMMM PUBLIC SIDEWALKPPPPPPPPPPP SSSSS PLANNING AREA CONNECTIVITY TRAIL CONNECTIONS SIGNAL NORTH SCALE: 1”=300’ 0 300 600 Trail connections throughout Clear Creek Crossing connect pedestrian and bicyclists to the Districts, emphasizing the underlying theme of the development: the great Colorado outdoors. Fundamental to the culture of the surrounding communities, the trail network links to both the existing Clear Creek Regional Trail as well as the surrounding neighborhoods. 23CLEAR CREEK CROSSING WHEAT RIDGE, CO | JANUARY, 2018 NEIGHBORHOOD TRAIL CONNECTION *NOT TO SCALE - applies to all graphics on this page. Multi-use trail and sidewalk connections will encourage residents, workers and visitors alike to enjoy the outdoors and stay awhile. With links to Clear Creek as well as connections to the trail connection to Applewood Golf Course planned by the Prospect Recreation and Park District, it is an important amenity to Clear Creek Crossing. Wider than typical and with off site connections, the multi-use trail will be suitable for walkers, cyclists and families and will include wayfi nding signage, benches and natural landscaping. Parking and a small shelter for users will be located at the northern end of Clear Creek Drive, where the network connects to the Clear Creek Regional Trail. Note: Both of the above trail alignment and amenity graphics are conceptual in nature and subject to change pursuant to future approvals by the City of Wheat Ridge NORTH MULTI-USE TRAIL PROPOSED RETAIL PARKING TRAIL MARKER TRAIL CORRIDOR CROSS-SECTION EXISTING POND EXISTING TREES MULTI-USE TRAIL DRAINAGE SWALE CROSSING EXISTING DRAINAGE SWALE PROPERTY LINE PROPOSED RETAIL (HARVEST DISTRICT) EXISTING RESIDENTIAL TRAIL CORRIDOR CROSS-SECTION RETAIL CONNECTION FUTURE CONNECTION TO PROSPECT DISTRICT BY OTHERS CIRCULATION SHADE STRUCTURE PARKING REGIONAL WATER QUALITY EXISTING POND CLEAR CREEK CLE A R C R E E K D R I V E 10’ MULTI-USE TRAIL EXISTING CLEAR CREEK TRAIL EXISTING TREES 6’ SIDEWALK PARALLEL PARKING BIKE RACK & MAP KIOSK SIGN KIOSK CONNECTION TO CLEAR CREEK TRAIL 24CLEAR CREEK CROSSING WHEAT RIDGE, CO | JANUARY, 2018 ZONING: SF RESIDENTIAL (EXISTING) COORS’ WATER STORAGE MAPLE GROVE ELEMENTARY SCHOOL PLANNED I-70 HOOK RAMPS PA 1 PA 2 PA 3 PA 4 PA 4 PA 5 PA 6 PA 7 L YOUNGFIELD STREET W 3 2 N D A V E N U E RAILROAD TRAILHEAD ENLARGEMENT C L E A R C R E E K D R I V E PARKING TRAILHEAD MULTI-USE TRAIL APPLEWOOD GOLF COURSE (PROSPECT RECREATION & PARK DISTRICT) POTENTIAL FUTURE CONNECTIVITY (FUTURE PHASE) PA 8 ZZONZONZONZONONONONZONNZONNNNNNONNZNONOONIIIINGINGINGINGNGNNNGINGINGIINGNGNGGGINGINGINGINN: S: S:S: S:S: S: S:SSSS:S:: F RF RF RFFFRF RRRF RF RF RF RF FFFFF RRRRRRRESIEESIESIESIESIESIESISSSSISISISIISIESIESSIESIIESIESISISSESISISSESESSSIIESDENDENDENDEENDENDENDEEENDENENEEDENNDEDEDEENTIATIATIATIATIATIATIATIATIATIATIATIATIATIATIAAAL LLL LLL LLLL L (EX(EX(EX(EX(EX(EX(EX(EX(EX((EX(EX(XXEEXXEX(((ISTISTISTISTISTSSTSISTISTISTISTTISTTTISTTTTISTTTTINGINGINGINGINGNGNNGNINGNGNGNINGINGNGNINGINGINGNGNGINGNNINGN))))))))))))))))) PA 1 PA 2 PA 5 PA 6 PA 7 PA 3 AAAAILHILLILHILH TRAILHEAD ENLARGEMENT REGIONAL WATER QUALITY ZONING: PD COMMERCIAL (VACANT) ZONING: PD COMMERCIAL (VACANT) C L E A R C R E E K D R I V E CLEAR CREEK 40 T H A V E N U E PA 4 4PA 44PA4A 4 0 NU 0 NU T T T N N N N N N N N N N N N N N N T T T N N N N N N T T E E E E E E E N N N N N N N N T E E E E E E E N N N N N N E E VE E E E E E E E E E E E E E E E VE VE V V V V V V V V V V V H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H A A A A A A A A A A A A A A A A A A A A A A A A A V V V V V V V V VE E E E E E E E E E E E VE V V V V V V V V V V V V V H H H H H H H H H H H H H H H A A A A A A A A A A A A A A A A A A A A A A A V V V V V V V V V V VE E E E E E E E E E E E E E E E VE V V V V V V V V V V V V V V V V V V V V V V V V H H H H H H H H H H H H H H H H H H A A A A A A A A A A A A A A A A A A A A A A A A A A A A V V V V V V A A A A V V V V V V V EXISTING SIGNALIZED FULL MOVEMENT INTERSECTION FULL MOVEMENT INTERSECTION LIMITED MOVEMENT INTERSECTION ACCESS DRIVE PROPOSED SIGNALIZED FULL MOVEMENT INTERSECTION INTERNAL ROAD NETWORK CDOT ‘A’ LINE NORTH 0 300 600 Ensuring fluid vehicular circulation and access into and within the development is integral to the success of the project. Traffi c through Clear Creek Crossing from the planned I-70 hook ramps must be responsibly managed to provide safe traffi c patterns within the areas surrounding the development. Local drives that provide access into individual planning areas will be fi nalized at the time of the Specific Development Plan for each develop- able lot. An update to the 2007 traffi c impact study has been prepared to determine future traffi c impacts and to recommend necessary on-site and off -site infrastructure improvements. VEHICLE CIRCULATION 25CLEAR CREEK CROSSING WHEAT RIDGE, CO | JANUARY, 2018 Signage design for Clear Creek Crossing further introduces the brand into the built environment. The use of synthetic wood juxtaposed with the contemporary and vibrant acrylic and metal elements, further parallels the relationship between the development, the nearby Clear Creek with its natural trails and the agrarian style found throughout the development. Primary design consideration is given to legibility and brand recognition in order to provide viewers with clear direction and a sense of arrival. SIGNAGE 26CLEAR CREEK CROSSING WHEAT RIDGE, CO | JANUARY, 2018 SIGNAGE Freestanding Signs Clear Creek Crossing site signage allows fl exibility while maintaining a brand identity. Through materials and color palette, the freestanding sign family is inspired by the natural and cultural cues that surround the Site. Building Signage Wall-mounted signs will prioritize legibility and brand recognition, providing clear identifi cation and direction complementary to freestanding signage. Building signage calls for attention to detail, especially at the pedestrian-level and encourages creativity in the Harvest and Vineyard Districts. 27CLEAR CREEK CROSSING WHEAT RIDGE, CO | JANUARY, 2018 High quality landscaping and urban design will unify Clear Creek Crossing and create a place for the community to gather. Landscape treatment will bring added interest to walkways, entries, parking areas, and open space areas. Site amenities will add layers of interest by inviting visitors to stop and enjoy the outdoors with conveniences such as benches, shade, and bike racks. LANDSCAPE 28WHEAT RIDGE, CO | JANUARY, 2018 CLEAR CREEK CROSSING RADIATING LINES SIMPLE NATURAL FORM CROP PATTERNS Landscape design inspiration is taken from agrarian land and farming precedents to anchor this project in its rich environmental heritage. Adding to that theme will be a strong focus on creating a naturalized landscape setting that relates closely to Clear Creek and the adjacent foothills. More concentrated urban settings will be developed on the interior of Clear Creek Crossing and will be inspired by this theme. LANDSCAPE INSPIRATION 29CLEAR CREEK CROSSING WHEAT RIDGE, CO | JANUARY, 2018 In developed areas, raw materials and simple forms will bring unity to the landscape theme. A more naturalized landscape approach is encouraged near the Clear Creek and Trail. Naturalized open space and views will be prioritized wherever feasible. Sustainable, locally appropriate planting and design will be common to the landscape treatment throughout. Overall, the landscape and urban design will focus on creating modern-feeling spaces with a tie to the past using raw, authentic materials. LANDSCAPE IMPLEMENTATION 30CLEAR CREEK CROSSING WHEAT RIDGE, CO | JANUARY, 2018 SOCIALIZE PLAY Clear Creek Crossing is a special development opportunity, off ering an excellent I-70 location ripe for a mixed use development. With a community-driven approach to sourcing demand, the planned development will become a place as unique and welcoming as its beautiful location, naturally connecting the community to Clear Creek Crossing. LIVE WORK DINE SHOP EXERCISE STAY LIFESTYLE 31CLEAR CREEK CROSSING WHEAT RIDGE, CO | JANUARY, 2018 Galloway provides you with superior development solutions for retail, commercial, mixed-use, residential, industrial and infrastructure projects. Our unique, collaborative approach provides all key services under one roof in order to streamline the development process and facilitate communication and coordination between project team members. Our comprehensive team consists of the most knowledgeable, dedicated and talented individuals in the industry who truly care about your success. We off er thoughtful, creative design solutions at every stage of the process, and our extensive industry knowledge helps minimize surprises throughout the development process. Evergreen Devco is a fully diversifi ed real estate company with deep experience in retail, commercial and multi-family development, asset management, property management and leasing. The development and consulting company was founded in 1974 by Bruce Pomeroy and Andrew Skipper, and has offi ces in Phoenix, Los Angeles, and Denver and recently expanded into Salt Lake City. Evergreen has completed more than 500 development projects across the United States in more than 175 municipalities. Established in 1985, Norris Design’s strategic partnership in planning, landscape architecture and project promotion encompasses local, regional, national and international projects. We combine responsive service with creative solutions that are grounded in realism to deliver a design that thrives, both today and in the future. Our knowledge and implementation of green building strategies is key to our design process and the success of our projects. Our designs always refl ect our clients’ vision, goals and resources. We take great care to ensure that our solutions can be built and built well, not just for an immediate transformation – but a successful continuum that will continue to unfold. Clients ask us most often if their vision will come to life. At Norris Design we can say “yes” every time. PROJECT TEAM 32CLEAR CREEK CROSSING WHEAT RIDGE, CO | JANUARY, 2018 CLEAR CREEK CROSSING www.cccrossing.com Clear Creek Crossing is envisioned to be unique and authentic in its variety of land uses, architectural style and use of unifying design elements, providing a cohesive experience for residents visitors, workers and shoppers. The project’s design will pay special attention to its public spaces and will respond to the site’s unique shape, historical relevance, topographical features, and both proximity and direct access to freeway corridors. With a strong emphasis placed on the base plane and the connection to Clear Creek and its established regional trail system, Clear Creek Crossing will be a place where a community comes together. SUMMARY Design Pattern Book January, 2018 CLEAR CREEK CROSSING2 TABLE OF CONTENTS 0.0 DESIGN REVIEW PROCESS 5 0.1 Design Development Review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.0 OVERVIEW . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 1.1 Property Description & Vicinity Map . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.2 Purpose & Guidelines . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.3 Planning Goals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.4 Document Organization . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.5 Site Planning Approach . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.5.1 Site Analysis and Constraints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.6 Concept Description and Site Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.6.1 Concept Site Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2.0 SITE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 2.1 Development Standards. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2.2 Districts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2.2.1 District Diagram. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2.2.2 Planning Area 1: Mill District Development Standards . . . . . . . . . . . . . . 2.2.3 Planning Area 2: Homestead District Development Standards . . . . . . 2.2.4 Planning Areas 3-4: Vineyard District Development Standards . . . . . . 2.2.5 Planning Areas 5-7: Harvest District Development Standards . . . . . . . 2.2.6 Planning Area 8: Wagon District Development Standards . . . . . . . . . . 2.3 Streets. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2.3.1 Public Street Design and Circulation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2.3.2 Private Street Design and Circulation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2.3.3 Public Street Sections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2.3.4 Conceptual Private Street Sections. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2.4 Pedestrian Connectivity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2.4.1 Pedestrian Connectivity Map . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2.4.2 Public Trails, Sidewalks & Bike Lanes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2.4.3 Pedestrian Access & Circulation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2.5 Parking & Service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2.6 Bicycle Parking . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2.7 Service & Loading Areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2.8 Fencing & Screening . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2.9 Walls . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2.10 Plaza & Gathering Areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2.11 Open Space & Views . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2.12 Public Art . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.0 BUILDING DESIGN . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61 3.1 Building Form, Height & Massing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.2 Pedestrian Oriented Design . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.3 Variety and Scale . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.4 Building Facades . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.5 Building Transparency . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.6 Building Entries . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.7 Awnings and Canopies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.8 Parking Structures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.9 Roof Top Design . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.10.1 Multifamily - Site Planning . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.10.2 Multifamily - Architecture . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . DESIGN PATTERN BOOK 3 TABLE OF CONTENTS 4.0 MATERIALS 75 4.1 Building Materials . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.2 Material Types . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5.0 LANDSCAPE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79 5.1 General Landscape Design . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5.2 Landscape Design within Districts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5.3 Trees, Shrubs & Plants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5.4 Streetscapes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5.5 Site Furnishings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5.6 Trail Furnishings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6.0 LIGHTING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87 6.1 Street & Parking Area Lighting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6.2 Pedestrian Lighting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6.3 Accent Lighting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6.4 General Light Standards and Intensity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7.0 SIGNAGE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93 7.1 Conceptual Signage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7.2 Signage Family . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7.3 Signage Map . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7.4 Freestanding Signs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7.5 Building Signs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . APPENDIX A: GLOSSARY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . APPENDIX B: MASTER MATERIAL PALETTE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . APPENDIX C: PLANT LIST . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CLEAR CREEK CROSSING4 DESIGN PATTERN BOOK 5 0.0 - DESIGN REVIEW PROCESS CLEAR CREEK CROSSING6 0.0 Schematic Design Review Process Clear Creek Crossing ODP must comply with all applicable statutes, ordinances, rules and regulations promulgated by the City and other governmental entities which have jurisdiction over the Project, including revocable permits in the right-of-way (ROW), Americans with Disabilities Act, building permits, and permits for other public works matters. GENERAL COMPLIANCE APPLICABILITY OBJECTIVE SUBMITTAL REQUIREMENTS PRE-APPLICATION MEETING SCHEMATIC DESIGN A pre-application meeting shall be held between the Applicant and with both the ACC as well as City of Wheat Ridge to review the scope of the Project, the design review process, and identify all requirements, presumptions and considerations. The Applicant shall submit at the pre-application meeting the following: • Intent Statement • Development scope, Project uses and adjacent uses, and Project description • Context Photos • Conceptual Site Plan • Conceptual Elevations, are encouraged • Any special considerations The Applicant team shall submit a Schematic Design Development Plan to the ACC. The ACC will request a meeting to discuss the application within 14 days from the receipt of the Schematic Design Plan. At this meeting, the Schematic Plan will be reviewed for compliance with the ODP and Design Pattern Book. In addition, the Application will be reviewed for its overall compatibility with the Project Vision Book. The applicant shall submit the following: • Narrative describing elements of Project design and their compliance with the ODP and DPB. • Site Plan • Floor Plans • Elevations All development within Clear Creek Crossing is subject to the Clear Creek Crossing Design Pattern Book. Design review shall be conducted by the Architectural Control Committee (ACC) as established by the Master Developer and the City of Wheat Ridge. The objective of the design review process is to create a clear, consistent, and predictable process for development at the Project. The ACC shall perform schematic design review prior to the planning review process required and conducted by the City of Wheat Ridge. The Applicant team shall meet with or submit approved design documents to the ACC at the following four key Project phases: Pre-Application Conference, Schematic Design, Design Development, and Final Recordation Phase. Informal design review meetings may be requested by the Applicant at any point in the development process as necessary to identify solutions on specifi c issues. APPROVAL The Schematic Design Development Plan shall be reviewed and comments shall be provided by ACC to Applicant within 14 business days after receipt of such submittal. ACC shall approve, recommend revision and re-submittal for subsequent Schematic Design Review or deny the submittal. DESIGN PATTERN BOOK 7 0.1 Design Development Review Process DESIGN DEVELOPMENT City Staff shall include the Clear Creek Crossing ACC in its referral process as it relates to documents and plans submitted to City of Wheat Ridge within the requirements of Specifi c Development Plan review and approval processes. The ACC will provide comments on these documents and plans to Wheat Ridge planning staff as requested in referral correspondence. Schematic Design review comments and approval correspondence will be provided to Wheat Ridge planning staff as an attachment to the referral comments. The City of Wheat Ridge Planning Commission has the ability to grant waivers to the standards set forth in this Design Pattern Book through a Specifi c Development Plan public hearing. MODIFICATION OF DESIGN STANDARDS These Design Standards are intended to have some fl exibility. The ACC, with Wheat Ridge Community Development Director review and approval, may grant an alternative to a design standard if it fi nds the Applicant has satisfi ed the following: • Alternative is consistent with the stated intent of the design standard. • Alternative achieves or implements the stated intent to the same degree or better than strict compliance to the design standard would have achieved otherwise. • Alternative will not create adverse impacts on adjacent developments. AMENDMENT OF DESIGN PATTERN BOOK ARCHITECTURAL CONTROL COMMITTEE (ACC) The ACC shall be permitted to recommend amendment of the text of the Design Pattern Book at any time. However, if the ACC elects to amend the text of any of the provisions, such amendment shall not be effective until the ACC obtains written approval of the consent of the Wheat Ridge Community Development Director. Committee: • 3 seats, appointed by mutual agreement between the Developer and City of Wheat Ridge Community Development Director: • 2 seats held by the Developer • 1 seat held by City of Wheat Ridge Planning Staff member Summary of Schematic Review Procedure and Architectural Control Committee’s Role: • Submittal to ACC for Schematic Design Review and Approval • ACC provides letter to City regarding required schematic design review indicating plans are consistent with the intent of the overall development including any conditions or stipulations of approval. • City of Wheat Ridge referral to ACC during SDP review and approval processes. • ACC provides letter from to City regarding SDP document referrals, describing any signifi cant differences from approved schematic design and including any additional comments relative to the design intent of the proposed site plan. CLEAR CREEK CROSSING8 DESIGN PATTERN BOOK 9 1.0 - PROJECT OVERVIEW CLEAR CREEK CROSSING10 1.1 Property Description Located at the southwest quadrant of Hwy 58 and I-70 in Wheat Ridge, Clear Creek Crossing is an 100-acre Planned Mixed-Use development, including retail, entertainment, hotel, multifamily residential and employment land uses. With the site’s proximity to Clear Creek, the Project will include a strong connection to the creek with its trail networks to and through the planned development. Clear Creek Crossing’s community-driven approach will embrace simplicity in its design, taking cues from the natural beauty and history of the location while taking advantage of visibility and direct accessibility to a major freeway corridor, providing the community with exciting new opportunities to live, work, shop, dine, stay and play. Clear Creek Crossing Outline Development Plan (ODP) includes eight (8) planning areas, each with unique development standards. The site’s location at the junction of I-70 and Hwy 58 offers an opportunity for a wide mix of uses within the planned development, given its superb visibility and accessibility, via planned ramps directly into Clear Creek Crossing. The site envelopes a signifi cant portion of Clear Creek and its associated trail, providing existing connections to regional trails and surrounding communities. Refer to the Clear Creek Crossing ODP for the allowable use chart and a depiction of the individual planning areas. Specifi c Project guidelines and land development standards are detailed in the Clear Creek Crossing Design Pattern Book, intended to provide clear and consistent direction for the future development of the Project. 11DESIGN PATTERN BOOK 1. 1 V i c i n i t y M a p NO R T H CLEAR CREEK CROSSING12 The Clear Creek Crossing Design Pattern Book, (the “CCC-DPB”) serves as a complementary document to the Clear Creek Crossing Planned Mixed Use Outline Development Plan, (the “CCC-ODP”) approved pursuant to Case No. WZ-16-07. The purpose of the CCC-DPB is to establish design and regulatory guidelines adopted by City of Wheat Ridge, intended as a guiding document that works with the CCC-ODP. Included with the CCC-ODP submittal, the Clear Creek Crossing Vision Book articulates the conceptual design direction of the planned mixed use development, whereas the CCC-DPB and ODP provide the framework for guiding the development requirements and design direction through the various Specifi c Development Plan approvals that will be processed throughout the duration of Project’s development. The CCC-DPB establishes guidelines as well as standards for Clear Creek Crossing, through the application of rules and regulations with the intention of creating a unique mixed-use environment optimally suited to its location at the confl uence of a state highway and interstate freeway. These guidelines will establish a framework to guide developers, users, tenants and their respective design teams through the process of creating a clear and consistent design aesthetic that will work in unity with each of the Project’s Planning Areas, while contributing to the greater whole that is the City of Wheat Ridge. While the goals established in the CCC-DPB are meant to provide a clear and consistent direction for the initial and future development, they are also intended to be reasonably fl exible. As market conditions change and building uses and types evolve over time, these guidelines are intended to encourage a level of design creativity that contributes to the uniqueness and sense of place envisioned for Clear Creek Crossing. The guidelines and standards set forth must strike a balance between fl exibility and predictability as follows: 1. Recognize that the Project will be developed over time; 2. Create and maintain a standard of quality that will sustain value; 3. Promote a cohesive development pattern, while allowing for diversity and variety in the design and construction of individual Projects; and 4. Guide city planners, designers, developers and users/owners in making consistent choices that reinforce the Project goals. 1.2 Purpose and Guidelines DESIGN PATTERN BOOK 13 1.3 Planning Goals PROJECT GOAL: The overall goal for Clear Creek Crossing is to create a thriving mixed use environment that creates a strong sense of place and provides the community with a gathering place in an environment that is safe, comfortable, casual and enjoyable to visitors of all ages. The development plan will guide the combination of a variety of uses such as retail, restaurant, hospitality, entertainment, multifamily residential, offi ce and/or employment into a cohesive Project with strong patterns that are walkable and easily identifi able, with well-balanced groupings of buildings that work together to enhance not only the overall character of the Project, but its surroundings as well. The character of Clear Creek Crossing will be defi ned by its unique architectural style, pedestrian plazas, multi-use trail connections and cohesive unifying elements that integrate its varied land uses into one Project that enhances the community with its unique identity. CORE DESIGN OBJECTIVES: The core architectural and urban design values in the Clear Creek Crossing Development Plan should be implemented through the following objectives: • Create a diverse, mixed use context that creates a strong sense of place and a destination for the surrounding communities. • Develop a master site plan that encourages connectivity of uses through vehicular and pedestrian circulation where possible given the constraints present within the site. • Provide a rich and diverse network of streets and pedestrian walks and bike ways that connect the Project both internally and externally to surrounding neighborhoods, in a meaningful way providing the user with a unique experience not found elsewhere. • Create a walkable outdoor experience that extends the hours of activities and provides the community with a central gathering space that offers a variety of activities for everyone to enjoy. • Establish an architectural theme that connects to the history of the site and community, while encouraging progressive design with high quality and effi cient materials. DESIGN INTENT The Intent Statement serves as a big picture goal with objectives establishing principles for the design topic. In areas where there may not be a specifi c Standard or Guideline, the Intent Statements are used to provide the design team with direction in resolving any questions or lack of clarity that the Outline Development Plan does not address. These Intent Statements should not be used, in and of themselves, as Standards or Guidelines. 1.4 Document Organization The Clear Creek Crossing Design Guidelines are organized into six categories: • Site Design • Building Design / Architectural Elevations • Product Standards • Landscape • Lighting • Signage DESIGN STANDARDS Design Standards are prescriptive criteria that provide specifi c directions based on the Intent Statements. These Design Standards denote issues that are considered essential and will use the term “shall” to indicate that compliance is required. DESIGN GUIDELINES Design Guidelines provide the designers with additional considerations and alternative ways to accomplish the Intent Statements. The Design Guidelines are not mandatory criteria but will be considered a strong desire of the development. Design Guidelines use the term “should” or “may” to denote direction considered appropriate rather than mandatory in accomplishing the Intent Statement. Each of the topics are then comprised of three major components that shall provide a guide for developers and designers through the process. • Design Intent • Design Standards • Design Guidelines CLEAR CREEK CROSSING14 1.5 Site Planning Approach When developing the Clear Creek Crossing site plan, consider physical characteristics and surrounding interests. 1. First and foremost, recognize the impacts of traffi c to and through the site, outside of any site design, but given the uses being requested based on relevant market demand. Limit allowable development based on what “Phase Two I-70 Improvements” can support. 2. Consider the relative peripheral location of the site, and how it connects to surrounding established neighborhoods as well as to the region/ city. 3. Consider physical characteristics of the site including topography as well as set public street and freeway ramp connections and their related constraints such as A-line, the Colorado Department of Transportation “access control line” is used to regulate the “control of access” to interstate rights-of-way and designated frontage roads for both transportation and non-transportation purposes. All land owners adjacent to “access control lines” are restricted from each and every right of access, from or to any part of Clear Creek Crossing Drive and the west-bound Interstate 70 off and on ramps, including the ability to ingress and egress properties adjacent and abutting the access control. Recognize that there are two streets in the Project, connecting offsite to the east and south and terminating in the Project where they connect to create a signalized intersection within the Project. 4. Ensure that site planning efforts on this phase of CCC will not constrain future phases, including Molson Coors land as well as proposed extension/connection of Clear Creek Dr to Hwy 58, neither of which are included in this ODP. Set site planning priorities to guide successful Project outcomes. 1. Create marketable parcels to support the feasibility of CCC: Design circulation networks (vehicular.pedestrian/bicycle) to be effective onsite as well as offsite i. Multiple buildings with varying functions and required interconnectivity, ii. Large parking fi elds to accommodate parking-ratio requirements and optimize access to buildings from parking lots, iii. Ring road providing access to parking fi elds as well as building entrances, iv. Allow walls, fencing, security gate, etc. depending upon Employer’s operational needs. 2. Recognize that retail sales tax revenues from future users/tenants support the overall feasibility of this Project. 3. Meet parking requirements of users as a peripheral location is vehicle-oriented. a. Parcels, especially retail and hotel, should maximize opportunities of an interstate location, focusing on accessibility as well as visibility to broaden market as much as possible, capitalizing on “drive-by I-70” traffi c, whether as commute or mountain trip. b. Multifamily residential and hotel parcels should capitalize on view corridors as well as connections to other parcels for working and shopping. c. Employment parcel should respond to a user’s likely site design requirements to maximize marketability, including: a. Employees and Employment Campus Visitors b. Apartment residents c. Hotel guests d. Retail shoppers e. Local and “Regional Traffi c” Diners f. Drive-through customers, whether to bank(s), fuel, restaurants or “other” such as pharmacy, car wash, package pick-up, etc. g. Traffi c with no intentions of stopping at CCC, including local traffi c as well as “bypass” traffi c avoiding I-70 issues. h. Visitors to Clear Creek Trail, whether driving, walking or cycling to and through the site, potentially with an intention of shopping or dining. 1. Consider ‘who’ will be visiting CCC and facilitate where they need to go, both with the Project and in terms of access to/from CCC: 2. Maintain pedestrian/cyclist connectivity. Safety should be a high priority in design. DESIGN PATTERN BOOK 15 Determine the overall approach to site planning for the Project, from which development standards will be established. 1. Walkability and connectivity are high priorities for this mixed-use development. 2. Interstate visibility corridors are signifi cant factors in marketability of parcels and drive value for many parcels. Given this consideration, view corridors must be maintained and in many locations along both Clear Creek Dr. and 40th Avenue, the street-oriented building placement is not the best approach to developing an effective master site plan. 3. Natural amenities defi ne the uniqueness of the site and should be embraced whether through view corridors to the mountains and creek, or through a circulation plan that integrates on the on-site multi-use trail and sidewalk system with existing sidewalks and regional trails. Planning Area (PA) access points should respond to Circulation Plan as well as likely uses within each PA and adjacent PAs. 1. PA site design should respond to street and pedestrian circulation system (see Sections 2.2 Streets & 2.3 Pedestrian Connectivity) as well as future users’ site requirements in a way that supports parcel marketability but also promotes the Project vision, connecting the proposed land uses within the Master Plan as well as to the community. 2. PA site design should consider requirements and constraints of physical characteristics of each respective area. 3. PA site design should facilitate connections between planning areas as well as throughout the Project in order to encourage an optimally functioning mixed-use development. 1.5 Site Planning Approach (cont.) CLEAR CREEK CROSSING16 1.5.1 Site Analysis and Constraints The site planning approach for Clear Creek Crossing is infl uenced by several key opportunities as well as constraints presented by the existing site conditions that drive the development plan. The proximity to Clear Creek as well as its regional trail, and spectacular views of Green Mountain and South Table Mountain are signifi cant to the site as a whole and especially to Planning Area 2’s multi-family residential use; its location directly adjacent to this corridor aims to embrace the Creek and associated views and to provide convenient access for the residents to the Clear Creek Trail. The I-70 visibility corridor drives the location of all the site uses, especially as it pertains to visibility of retail and commercial uses. The CDOT “access line” or “A-Line” which restricts any access drives in this defi ned area associated with the freeway ramps, limits access point fl exibility to several parcels also directing the overall traffi c patterns in the development. Also, the steep slopes throughout the site drive where access points can be placed along public roadways and infl uence opportunities for cross access between planning areas. The Denver Water easement that runs through the site constrains land use options given the restrictions on various elements within that easement. Lastly, the 100-year and 500-year fl ood plains further constrain the site overall. 17DESIGN PATTERN BOOK CL E A R C R E E K CD O T ‘ A ’ L I N E CL E A R C R E E K RIP A R I A N A R E A ST E E P S L O P E S DE N V E R W A T E R EA S E M E N T VI E W S 10 0 Y E A R F L O O D LI N E ZO N I N G : S F R E S I D E N T I A L (E X I S T I N G ) CO O R S ’ W A T E R S T O R A G E MA P L E G R O V E EL E M E N T A R Y SC H O O L PA PA PA 1 1 PA PA PA PA PA P 2 2 2 2 2 PA PA PA PA PA PA PA PA A P 3 3 3 3 3 3 3 3 P P P P P P 4 4 4 4 PA PA PA PA PA P P PA PA A A 4 4 A 4 4 PA PA PA PA PA A PA A P 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 PA PA PA A PA PA PA A A A 5 5 5 A A PA PA PA A P 6 6 6 A A A A A A 7 7 7 7 7 7 7 7 ZO N I N G : IN D U S T R I A L (E X I S T I N G ) C L E A R C R E E K D R I V E 4 0 T H A V E N U E YO U N G F I E L D S T R E E T W 3 2 N D A V E N U E A IL R O A D AP P L E W O O D G O L F C O U R S E (P R O S P E C T R E C R E A T I O N & P A R K D I S T R I C T ) PA PA PA PA PA PA A PA PA P P 7 7 7 7 7 7 7 VIE W T O G R E E N M O U N T A I N PA PA 1 1 SI T E V I E W S F R O M I - 7 0 VIEW T O S O U T H T A B L E M O U N T A I N PL A N N E D I - 7 0 HO O K R A M P S PA PA PA PA PA PA PA A A A P A A A A A 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 P RE G I O N A L WA T E R QU A L I T Y O ZO N I N G : P D CO M M E R C I A L (V A C A N T ) ZO N I N G : P D CO M M E R C I A L (V A C A N T ) 1. 5 . 1 S i t e A n a l y s i s a n d C o n s t r a i n t s D i a g r a m NO R T H CLEAR CREEK CROSSING18 1.6 Concept Description & Site Plan Clear Creek Crossing will focus on creating a strong sense of place, protecting the area’s heritage while introducing a wide array of land uses to a site located at a key confl uence of a major traffi c corridor. The planned development will celebrate the intrinsic values that defi ne the City of Wheat Ridge, embracing the simple beauties of the landscape in an authentic gesture. Through a community-driven approach, Clear Creek Crossing has been planned around the priority of connecting the surrounding neighborhoods and the Clear Creek Trail. The unifi ed design elements will connect the various uses within the planned mixed use development particularly at the ground plane, with site signage. Pedestrian circulation, and landscape elements providing common visual cues across the development. Through the use of unifying design elements, including architectural style, landscape design, urban design with special attention paid to its public spaces, this Project is envisioned to be unique and authentic in its uses and architectural style, while still providing a cohesive experience for the user. The overall design theme for the Project is a modern agrarian design aesthetic that blends traditional agrarian forms and materials with modern architypes and users. The Project is envisioned to be one grown from the earth with a strong emphasis on the base plane and the buildings integration with the site and surrounding context. With the site’s proximity to Clear Creek, along with the rich history of the area, the overall character of the Project will focus on a strong connection to the creek through the trail networks, signage, wayfi nding graphics, and other site amenities. DESIGN PATTERN BOOK 19 ZO N I N G : S F R E S I D E N T I A L (E X I S T I N G ) CO O R S ’ W A T E R S T O R A G E MA P L E G R O V E EL E M E N T A R Y SC H O O L PA 1 PA 2 PA 3 PA 4 PA 4 PA 5 PA 6 PA 7 ZO N I N G : IN D U S T R I A L (E X I S T I N G ) C L E A R C R E E K D R I V E C L E A R C R E E K D R I V E 4 0 T H A V E N U E YO U N G F I E L D S T R E E T W 3 2 N D A V E N U E RA I L R O A D AP P L E W O O D G O L F C O U R S E (P R O S P E C T R E C R E A T I O N & P A R K D I S T R I C T ) PL A N N E D I - 7 0 HO O K R A M P S PA 8 RE G I O N A L WA T E R QU A L I T Y ZO N I N G : P D CO M M E R C I A L (V A C A N T ) ZO N I N G : P D CO M M E R C I A L (V A C A N T ) CL E A R C R E E K 1. 6 . 1 C o n c e p t S i t e P l a n NO R T H CLEAR CREEK CROSSING20 DESIGN PATTERN BOOK 21 2.0 - SITE DESIGN CLEAR CREEK CROSSING22 2.2 Districts The Districts have been created to defi ne groupings of the eight (8) Planning Areas in the Project. The Districts are intended to provide design direction unique to the use and character of these defi ned areas, while still maintaining cohesive theming through the use of architecture, landscape, urban design and signage within the Project. There are fi ve unique District types within the Project: MILL - Employment uses, encouraging medium to high density development, with uses including corporate campus-type uses such as offi ce, research & development, hospital, and university/education uses. Parking is likely to be a combination of surface and structure. Building height, density and setbacks refl ect the site’s location at the junction of a State highway and on an interstate freeway. VINEYARD - Retail and entertainment uses including stores, shop buildings, banks, restaurants including both full-service and quick-serve and entertainment including theater and gaming. Buildings shall be placed according to the requirements of the respective use and in consideration of the characteristics of the site, while placing a priority on circulation, walkability and common site amenities. Parking will be in surface lots, with potential for a structure to serve entertainment uses. Site design at the pedestrian level, will take an urban approach in that the site will encourage walkability, connecting Planning Areas and various tenants/users/owners within them. Where possible, siting of buildings should prioritize fronting to public or private streets with parking located behind to help establish placemaking. HOMESTEAD - Multifamily residential uses, including apartments and/or town home formats. Buildings shall be placed according to the requirements of the use and in consideration of the characteristics of the site, while placing a priority on circulation and walkability to other Districts including the adjacent Clear Creek Trail. Parking will be in surface lots; with above-grade garages tucked under units in buildings or in separate buildings allowed as well. HARVEST - Retail , in the form of large-format retail with accessory small retail, restaurants and hotel uses will create the Harvest District. Buildings shall be placed according to the requirements of the respective use and in consideration of the characteristics of the site particularly its shape and vehicular/pedestrian connections to other Districts. Parking will be in surface lots with potential for a structure to serve more intense retail or hotel uses. Signage will be “brand-forward” as required by national operators but will meet the requirements of the Clear Creek Crossing Master Sign Package. WAGON - Multi-use trail and sidewalk networks connect to all other Districts, as well as locations off-site to the north at Clear Creek Trail and to the south, at the planned trail by Prospect District connecting to the existing Applewood Golf Course and adjacent neighborhood. The trails will include common surface design, wayfi nding signage, trash receptacles, benches and other amenities. Landscape will be natural and native to the region. Shade will be provided by trees and a small structure near a small surface parking lot located at the end of Clear Creek Dr. Additional street parking will be located along Clear Creek Dr, near Clear Creek and for convenient access to the existing regional trail system. 2.1 Development Standards The CCC-ODP includes eight (8) Planning Areas. Each Planning Area has a distinct set of development standards, providing an overall foundation upon which all future development shall be built. In the CCC-ODP, employment uses abut the interstate within PA-1, providing maximum visibility and access from high traffi c corridors, specifi cally I-70 to the east and Hwy. 58 to the north. Residential uses are thoughtfully placed to the south of Clear Creek and west of the employment uses in PA-2, providing opportunities for beautiful, unobstructed mountain and creek views, as well as excellent trail access. The balance of the planned development allows various commercial uses including retail, offi ce and hotel uses. Refer to the CCC-ODP map for the permitted uses chart by Planning Area. 23DESIGN PATTERN BOOK23 | 2. 2 . 1 D i s t r i c t D i a g r a m HO M E S T E A D RE S I D E N T I A L DI S T R I C T MI L L CO M M E R C I A L DI S T R I C T HA R V E S T CO M M E R C I A L DI S T R I C T VI N E Y A R D CO M M E R C I A L DI S T R I C T CO O R S ’ W A T E R S T O R A G E PO T E N T I A L FU T U R E CO N N E C T I V I T Y (F U T U R E P H A S E ) RA I L R O A D YO U N G F I E L D S T R E E T W 3 2 N D A V E N U E MA P L E G R O V E EL E M E N T A R Y SC H O O L WA G O N OP E N S P A C E DI S T R I C T PA 5 PA 6 PA 7 PA 4 PA 4 PA 3 PA 1 PA 5 PA 2 C L E A R C R E E K D R I V E 4 0 T H A V E N U E AP P L E W O O D G O L F C O U R S E (P R O S P E C T R E C R E A T I O N & P A R K D I S T R I C T ) HA S HA S HA S A A E)E))E) PA 8 A V E N U E ZO N I N G : S F R E S I D E N T I A L (E X I S T I N G ) ZO N I N G : IN D U S T R I A L (E X I S T I N G ) ZO N I N G : P D CO M M E R C I A L (V A C A N T ) ZO N I N G : P D CO M M E R C I A L (V A C A N T ) PO T E PO T E PO T E PO T E PO T NT NT NT NT N FU T U FU T U FU T U FU T U FU T R R R R CO N N CO N N CO N N CO N N CO N EC T EC T EC T EC C C (F U T (F U T (F U T (F U ( UR E RE E E UR UR PH PH PH D I HO H H H H H M R E SCO IN E Y A RD OM M E R C I A L WA GO N O PE N S P A C E DI S T R I C T PA PA 4 V CO HA RV E S T CO MM E R C IA L DI S T R I C T IME ST E A D D D D ID E N T I A L MI L L OM ME R CI A L DI S TR I CT ST R I C T ID E N T I A L OM M E R C I A L DI S TR I CT P A 6 PA 7PA 3 CO P A 1 PA 2 C L L L L L L E E A A A A A R R R C C C C C R R R R E E E E E E E E E K K K K D D D D R R R R I I I I I V V V V V V E E E E E E E E E E E E E N U N U U U U N N N N U U U N U U E E E E E E E E E E E E E E E E E E E E E E E U U U U U U N N N U U N N N N N N N U N U N U N U N U E E E E E E E E E E E E E E E E E E E E E E E E E E E E U N U N U U N N E E E E E E E E E E N U E E N U E A A A A A A V E V E V E V A V A A A 4 0 4 0 4 0 4 0 4 0 4 4 4 T H T H T H T H T H T H A A A A A 4 0 T H A A A A A A A A A A A A A A A A A V V V V V V V V V V V V V V V V V E V E E V A A A A A A A V V V V V V A V E A A A A A A A A 0 0 0 0 4 0 4 0 4 4 4 4 4 4 4 0 4 4 0 4 0 4 4 4 4 4 0 4 0 4 0 4 0 4 0 4 4 4 H H T H H T H T H H H H H H H T T T H H H H T H T H T H T T T T T H A A A A A A A A A A A A A A T H T H H T H T A A A 4 0 T H A 4 0 T H A V E AP P L AP P L AP P L AP P L AP P L AP P L AP P L AP P L PP AP P P A EW O O EW O O O OO EW O O O WO O O EW EW W EW EW W D G O O D G O D G O DG O DG O DG G G G G D LF C LF C LF C LF C LF C L OU R S OU R S OU R S OU R S OU R S O E E E E TI A TI A TI A A TI A I L L L L L RE E RE RE E I I I I VI T Y VI T Y VI T Y VI T Y IT Y VI T Y VI T Y HA S HA S HA S HA S AS E)E)E) E Y Y Y Y Y Y Y P A 8 ZO N I ZO N I ZO N I ZO N I ZO N I N N N N O ZO ZO O ZO ZO G: NG : NG : NG : NG NG G G NG G G G PD PD D PD P P P CO M M CO M M CO M M MM CO M M MM MM CO M CO M CO O CO O C CI CI I C C C C C C ER C ER C C ER C ER C ER ER R R R L L AL L AL AL A VA C (V A C VA C (V A C (V A C (V A C VA C VA C ((V A C AC C (V ((( T)) NT ) NT )T T NT AN T AN N AN N AN AN AN AN AN AN AN N AN ZO N I ZO N I ZO N I I I ZO N ZO N G NG NG NG NG NG :: :: : PD PD PD PD PD PD CO M M CO M M CO M M CO M M CO M M M M R ER ER ER R ER ER E RC I RC I CI I RC AL AL AL AL AL AL L (V A C (V A C AC (V A C (V A C (V A C (V A (V A AN AN N AN AN AN A A A NT ) NT ) NT ) NT ) NT ) N N CL E A R C R E E K NO R T H CLEAR CREEK CROSSING24 MILL DISTRICT KEY MAP PLANNING AREA DIAGRAM 2.2.2 PLANNING AREA 1: MILL DISTRICT DIDIDID MILL COMMERCIAL DISTRICT INEINENENEYARDYARDYARDYARDYARD OMMEOMMEMEERCIALRCIALC POTENTIAL FUTURE CONNECTIVITY(FUTURE PHASE) HOMHOMHOMHOMHOMOMOMO RESIRESIRRERESIREES COWAGOWAGOWWAGOWAGOWAGOWWAGOWAANNNNNN OPEN OPEN OPEN OPEN ENOEOPEPESPSPACESPACESPACESPACEACCSPACEAAC DISTRDISTRDISDISTRDISTRDISTSICTCTICTCTCICTICTCT PA 4PA 4PA 4A4AAPA 4PA 4AVVVV COCCO VVV PA 1 ISTRISTRSTRISTRSTRISTSICTICTICTICTTC HHARVHAESTSSTT COMMEMRCIALALALDISTRDISTRDISTISSTRRICTICTTII OMMEOMMEMMERCIALCIALRCRDISTRDISTRDISTRSTRTRSICTICTICTICTCTCT MEMEMEMEMEMEEESTEASTEASTEASTEASTEASTSDDDDDDDDDDDDD IDIDIDDIDDENTIAENTIAENTIAENTIAENTIAENTIAENTIAENTILLLLLL MILL OMMERCIAL DISTRICT PA 5 5A 5AP PA 6 PA 7PPA 7P PA 3PA 3 CCO PA 1 PA 2PA 2PAPA 2PAA2PAPA C L E A R C R E E K D R I V E 40 T H A V E N U E APPLEWOOD GOLF COURSE(PROSPECT RECREATION TIATIATIAIAAL L LLLREREE TITITIIVITYVITYVITYIVITYYPHASE)PHASE)PHASE)SASE) EEEEE YYYYY PPA 8PA 8PA 8A8PA 8A8 ZONING: S(EX ZONING: PD COMMERCIAL(VACANT) ZONING: PD COMMERCIAL (VACANT) CLEAR CREEK Employment uses encouraging medium to high density development in area adjacent to I-70 and visible from Hwy 58. Consistent with intent, guidelines and standards set forth for design theme and architecture as well as site elements detailed in the Design Pattern Book. PUBLIC GATHERING SPACE TRAILHEAD EXISTING CLEAR CREEK TRAIL PRIMARY MULTI-USE TRAIL SECONDARY TRAIL P M PUBLIC SIDEWALKP S PLANNING AREA CONNECTIVITY TRAIL CONNECTIONS EXISTING SIGNALIZED FULL MOVEMENT INTERSECTION FULL MOVEMENT INTERSECTION LIMITED MOVEMENT INTERSECTION SS E F I S E F II PROPOSED SIGNALIZED FULL MOVEMENT INTERSECTION P F N P F IN INTERNAL ROAD NETWORK CDOT ‘A’ LINE MINOR ACCESS MAJOR ACCESS MILL PA 1 PPPPAAA 7777 D R I V E RRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRR I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I VVVVVVVVVVVVVVVVV EE D RRRRRRRRRRRRRRRRRRRRRRRRRRRRRR 40 T H A V E N U E MILLMILL PA 1 VVVVVVIINNNNNEEEEEEYYYYYAAAAAAAARRRRRRDDDDD PPPAAAAA 3333 4 4 4 4 4 4 4 4 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 4 4 4 4 4 4 4 4 4 0 0 0 0 0 4 4 4 4 0 0 4 0 U U U U U E E E E E U U U U U E E E U U U U U U U U U U U U U U U U U U U U U U U U U U U U E E E E E E E E E E E E E E E E E E E E E E E E E E E E U U U U U U U U U U U U U U U U U U U U U U U U U U U U U E 0 0 0 0 0 0 0 0 0 0 0 0 0 T T T T T T T T T 0 0 0 0 0 0 T T T T T T T T T T T T T 0 0 0 T T T T T T 0 T N N N N N N N N N N N N N N U U U N N N N N N N N N N N N N N N N N N N N N N N N N N U U U U U U U U N U T T T T T T T T T T E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E A A V V V V V V V A A V V T T T T T T T T T T T T T T T T T T T T T T T H H H H H H H H H H H H H H H H H H H H H A A H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H A A A A A V V V T T T T T T T T T T T T T H H H H H H H H H H A A A T T T T T T T T T T T T T T T T T T T T T T T T T T T T T H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A V V V V V V V V V V V V V V V V V V V V V V V V V V V V V V V V V E E E E E E E E E E E E E E E E E E E E E E E E HHHHHHHHOOOOOOOMMMMMM PPPPPPPPAAAAA 22222222 MMMMMMMMEEEEEEESSSSSSSSTTTTTTEEEEEEAAAAADDDDDD V EE MMMMMEEEEEEEESSSSSSSSSTTTTTTTEEEEEEEEAAAAAADDDDDD DESIGN PATTERN BOOK 25 PERMITTED USES REFER TO CLEAR CREEK CROSSING OUTLINE DEVELOPMENT PLAN AMENDMENT FOR ALL PERMITTED USES SETBACKS AND BUILDING ORIENTATION PRIMARY EMPLOYMENT USES • NO MORE THAN 30% OF THE FRONTAGE OF PA-1 MAY HAVE SURFACE PARKING WITHIN 20 FEET OF A ROADWAY. PARKING MUST BE BUFFERED FROM THE ROADWAY BY LANDSCAPING AND / OR A BUILDING • MINIMUM SETBACK ADJACENT TO PA-2 SHALL BE 5’ PER STORY COMMERCIAL / RETAIL / OTHER USES PRIMARY STREET FRONTAGE: CLEAR CREEK DRIVE • AT LEAST 50% OF THE PROPERTY’S FRONTAGE ALONG CLEAR CREEK DRIVE MUST CONTAIN A BUILDING WITHIN THE REQUIRED 0-20 FOOT BUILD-TO AREA SECONDARY STREET FRONTAGE: 40TH AVENUE • AT LEAST 30% OF THE PROPERTY’S FRONTAGE ALONG 40TH AVENUE MUST CONTAIN A BUILDING WITHIN THE REQUIRED 0-20 FOOT BUILD-TO AREA • WHERE THE PROVIDED BUILD-TO EXCEEDS THE MINIMUM REQUIREMENT, THE EXCESS SHALL BE TRANSFERED TO MEET THE STANDARD ON THE OTHER STREET FRONTAGE • MINIMUM SETBACK ADJACENT TO PA-2 SHALL BE 5’ PER STORY • NOTE: BUILDING PLACEMENT, HEIGHT, DENSITY AND SETBACKS REFLECT THE SITE’S LOCATION AT THE JUNCTION OF A STATE HIGHWAY AND AN INTERSTATE FREEWAY MAXIMUM LOT COVERAGE 80% MINIMUM LANDSCAPE REQUIRED 20% MAXIMUM BUILDING HEIGHT PRIMARY EMPLOYMENT USES: 90’-0” COMMERCIAL / RETAIL / OTHER SINGLE COMMERCIAL USES:62’-0” MIXED USE (DEFINED AS VERTICAL INTEGRATION OF USES):90’-0” PARKING SURFACE AND/OR STRUCTURED PARKING PER SECTION 2.3.4 (PARKING AND SERVICE) AND SECTION 3.8 (PARKING STRUCTURES). ALL PARKING SHALL MEET THE CITY OF WHEAT RIDGE STANDARDS, CHAPTER 26, ARTICLE V, SEC. 26-501 BICYCLE PARKING BICYCLE PARKING PER SECTION 2.4.1 (BICYCLE PARKING)1 BICYCLE SPACE PER EVERY 20 AUTOMOBILE PARKING SPACES, BUT NO LESS THAN 4 SPACES REFER TO SECTION 3.0 (BUILDING DESIGN) REFER TO SECTION 4.0 (MATERIALS) REFER TO SECTION 5.0 (LANDSCAPE) REFER TO SECTION 6.0 (LIGHTING) SIGNAGE REFER TO SECTION 7.0 (SIGNAGE) OTHER REQUIREMENTS PLAZA AND GATHERING AREA REQUIREMENT, REFER TO SECTION 2.7 PUBLIC ART REQUIREMENT, REFER TO SECTION 2.9 DEVELOPMENT STANDARDS DEVELOPMENT STANDARDS: MILL DISTRICT CLEAR CREEK CROSSING26 SITE PLANNING: MILL DISTRICT FIGURE 1: PLANNING AREA 1: EMPLOYMENT USES BUILDING ORIENTATION AND SETBACKS ILLUSTRATION (NOT TO SCALE) FIGURE 2: PLANNING AREA 1: COMMERCIAL / RETAIL / OTHER USES BUILDING ORIENTATION AND SETBACKS ILLUSTRATION (NOT TO SCALE) CLEA R C R E E K DRIVE 40 T H A V E N U E SETBACK: 5 FEET PER STORY SETBACK: 5 FEET PER STORY NO MORE THAN 30% OF THE FRONTAGE OF PLANNING AREA 1 MAY HAVE SURFACE PARKING WITHIN 20 FEET OF THE ROADWAY. PARKING MUST BE BUFFERED BY LANDSCAPING AND / OR A BUILDING CLEA R C R E E K DRIV E 40 T H A V E N U E SETBACK: 5 FEET PER STORY SETBACK: 5 FEET PER STORY AT LEAST 50% OF THE PROPERTY’S FRONTAGE ALONG CLEAR CREEK DRIVE MUST CONTAIN A BUILDING WITHIN THE REQUIRED 0-20 FOOT BUILD-TO AREA AT LEAST 30% OF THE PROPERTY’S FRONTAGE ALONG 40TH AVENUE MUST CONTAIN A BUILDING WITHIN THE REQUIRED 0-20 FOOT BUILD-TO AREA PA-1 PA-1 30 % 50% 30 % DESIGN PATTERN BOOK 27 FIGURE 3: PLANNING AREA 1 PRIMARY AND SECONDARY FRONTAGE ILLUSTRATION (NOT TO SCALE) CLEA R C R E E K DRIVE 40 T H A V E N U E PRIMARY AND SECONDARY STREET FRONTAGE FOR THE PURPOSES OF CALCULATING BUILD-TO REQUIREMENTS SHALL NOT INCLUDE PRIMARY ACCESS DRIVES, AS ILLUSTRATED SITE PLANNING: MILL DISTRICT PA-1 CLEAR CREEK CROSSING28 HOMESTEAD DISTRICT KEY MAP PLANNING AREA DIAGRAM 2.2.3 PLANNING AREA 2: HOMESTEAD DISTRICT HOMESTEAD RESIDENTIAL DISTRICT CO INEINENENEYARDYARDYARDYARDYARD OMMEOMMEMEERCIALRCIALC POTENTIAL FUTURE CONNECTIVITY(FUTURE PHASE) HOMHHH RES DI COWAGOWAGOWWAGOWAGOWAGOWWAGOWAANNNNNN OPEN OPEN OPEN OPEN ENOEOPEPESPSPACESPACESPACESPACEACCSPACEAAC DISTRDISTRDISDISTRDISTRDISTSICTCTICTCTCICTICTCT PA 4PA 4PA 4A4AAPA 4PA 4AVVVVVV COCCO MILLLM OMMEOMMRCIALAL HHARVHAESTSSTT COMMEMRCIALALALDISTRDISTRDISTISSTRRICTICTTII OMMEOMMEMMERCIALCIALRCRDISTRDISTRDISTRSTRTRSICTICTICTICTCTCT MESTEADDD IDENTIAL I OMMEERCIALCI DISTRICTCTT IDENTIAL STRICT PA 5 5A 5AP PA 6 PA 7PPA 7P PA 3PA 3 CCO PA 1PA PA 2 C L E A R C R E E K D R I V E 40 T H A V E N U E APPLEWOOD GOLF COURSE(PROSPECT RECREATION TIATIATIAIAAL L LLLREREE TITITIIVITYVITYVITYIVITYYPHASE)PHASE)PHASE)SASE) EEEEE YYYYY PPA 8PA 8PA 8A8PA 8A8 ZONING: S(EX ZONING: PD COMMERCIAL(VACANT) ZONING: PD COMMERCIAL (VACANT) CLEAR CREEK Residential uses encouraging medium to high density development at a location adjacent to I-70 and visible from Hwy 58. Consistent with intent, guidelines and standards set forth for design theme and architecture as well as site elements detailed in the Design Pattern Book. Flexibility to shift the Homestead District to other planning areas that allow residential uses. PPPPPPPPAAAAA 8888888 PA 2 HOMESTEAD PPPPAAA 7777 C L E A R C R E E K D R I V E E GI O N A L ER Q U A L I T Y ZONING: PD COMMERCIAL CLEAR CREEK RRRRRRRRRRRRRRRRRRRRRRRRR I I I I I I I I I I I I I I I I I I I I I I I I I I I I I VVVVVVVVVVVVVVVVVVVVVVV EE A R R D RRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRR A R R R R R C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C R R R R R EE EEE KKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKK DKDD RR 40 T H A V E E E E E E E E E GI GI G G G G G G G G ON ON N ON ON ON ON N N O L L AL AL AL AL L AL AL A A A EEEEKKKKKKKK 4 4 4 4 4 4 4 4 4 4 4 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 4 4 4 4 0 0 40 0 0 0 0 0 0 0 0 0 0 0 0 0 0 T T T T T T T T T T T T T T T T 0 0 0 T T T T T T T 0T T T T T T T T T T T A A V V T T T T T T T T T T T T T T T T T T T T T T T T H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H A A A A AV T T T T T H H H H H H H H H H A A A T T T T T T T T T T T T T T T T T T T T T H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A V V V V V V V V V V V V V V V V V V V V V V V V HOM PA 2PA 2 MESTEAD V EE MESTEAD C L E E E E E R R R R R R QU QU QU QU U U QU QU U QU QU Q Q AL AL AL AL AL AL AL A A PUBLIC GATHERING SPACE TRAILHEAD EXISTING CLEAR CREEK TRAIL PRIMARY MULTI-USE TRAIL SECONDARY TRAIL P M PUBLIC SIDEWALKP S PLANNING AREA CONNECTIVITY TRAIL CONNECTIONS EXISTING SIGNALIZED FULL MOVEMENT INTERSECTION FULL MOVEMENT INTERSECTION LIMITED MOVEMENT INTERSECTION SS E F I S E F II PROPOSED SIGNALIZED FULL MOVEMENT INTERSECTION P F N P F IN INTERNAL ROAD NETWORK CDOT ‘A’ LINE MINOR ACCESS MAJOR ACCESS DESIGN PATTERN BOOK 29 PERMITTED USES REFER TO CLEAR CREEK CROSSING OUTLINE DEVELOPMENT PLAN AMENDMENT FOR ALL PERMITTED USES SITE PLANNING BUILDINGS SHALL BE PLACED ACCORDING TO THE SETBACKS OUTLINED BELOW. GIVEN PLANNING AREA’S ADJACENCY TO CLEAR CREEK TO THE NORTH AND MOUNTAIN VIEWS TO THE SOUTH, BUILDINGS SHALL BE PLACED TO CAPTURE VIEWS. PEDESTRIAN CONNECTIVITY TO ADJACENT USES AS WELL AS WITH THE TRAIL NETWORK IS REQUIRED. WHEN MULTI-FAMILY USES ARE PROPOSED IN OTHER PLANNING AREAS, THE FOLLOWING DEVELOPMENT STANDARDS FROM THE HOMESTEAD DISTRICT SHALL APPLY: MINIMUM LANDSCAPE REQUIRED, MAXIMUM BUILDING HEIGHT, PARKING, BICYCLE PARKING, BUILDINGS / ARCHITECTURE, MATERIALS, LANDSCAPE, LIGHTING, SIGNAGE, AND OTHER REQUIREMENTS. SETBACKS AND BUILDING ORIENTATION RESIDENTIAL USES PRIMARY FRONTAGE: CLEAR CREEK ORIENTATION • AT LEAST 50% OF THE PROPERTY’S FRONTAGE ALONG CLEAR CREEK MUST CONTAIN A BUILDING WITHIN 0-20 FEET OF THE PROPERTY LINE ORIENTED TOWARD CLEAR CREEK SECONDARY FRONTAGE: CLEAR CREEK DRIVE • AT LEAST 30% OF THE PROPERTY’S FRONTAGE ALONG CLEAR CREEK DRIVE MUST CONTAIN A BUILDING WITHIN THE REQUIRED 0-20 FOOT BUILD-TO AREA NON-RESIDENTIAL USES: PRIMARY FRONTAGE: CLEAR CREEK DRIVE • AT LEAST 50% OF THE PROPERTY’S FRONTAGE ALONG CLEAR CREEK DRIVE MUST CONTAIN A BUILDING WITHIN 0-20 FEET OF THE PROPERTY LINE SECONDARY FRONTAGE: INTERNAL DRIVE • AT LEAST 30% OF THE PROPERTY’S FRONTAGE ALONG THE INTERNAL DRIVE MUST CONTAIN A BUILDING WITHIN THE 0-20 FOOT BUILD-TO AREA • NOTE: BUILDINGS SHALL BE PLACED ACCORDING TO THE REQUIREMENTS OF THE USE AND IN CONSIDERATION OF THE CHARACTERISTICS OF THE SITE, WHILE PLACING A PRIORITY ON CIRCULATION AND WALKABILITY TO OTHER DISTRICTS INCLUDING THE ADJACENT CLEAR CREEK TRAIL MAXIMUM LOT COVERAGE 80% MINIMUM LANDSCAPE REQUIRED 20% MAXIMUM BUILDING HEIGHT SINGLE USE, COMMERCIAL:56’-0” MIXED USE (DEFINED AS VERTICAL INTEGRATION OF USES):90’-0” RESIDENTIAL USES:65’-0” PARKING SURFACE AND/OR STRUCTURED PARKING PER SECTION 2.3.4 (PARKING AND SERVICE) AND SECTION 3.8 (PARKING STRUCTURES). ALL PARKING SHALL MEET THE CITY OF WHEAT RIDGE STANDARDS, CHAPTER 26, ARTICLE V, SEC. 26-501 1.0 SPACE PER 1 BEDROOM MFR UNIT 2.0 SPACES PER 2-3 BEDROOM MFR UNIT 2.5 SPACES PER 4 BEDROOM MFR UNIT PLUS 1.0 GUEST SPACE PER 10 SPACES BICYCLE PARKING BICYCLE PARKING PER SECTION 2.4.1 (BICYCLE PARKING) 1 BICYCLE SPACE PER EVERY 10 UNITS, BUT NO LESS THAN 3 SPACES BUILDINGS / ARCHITECTURE REFER TO SECTION 3.0 (BUILDING DESIGN) AND 3.10.2 (MULTI-FAMILY ARCHITECTURE) MATERIALS REFER TO SECTION 4.0 (MATERIALS) LANDSCAPE REFER TO SECTION 5.0 (LANDSCAPE) LIGHTING REFER TO SECTION 6.0 (LIGHTING) SIGNAGE REFER TO SECTION 7.0 (SIGNAGE) OTHER REQUIREMENTS PLAZA AND GATHERING AREA REQUIREMENT, REFER TO SECTION 2.7 PUBLIC ART REQUIREMENT, REFER TO SECTION 2.9 DEVELOPMENT STANDARDS DEVELOPMENT STANDARDS: HOMESTEAD DISTRICT CLEAR CREEK CROSSING30 FIGURE 1: PLANNING AREA 2: RESIDENTIAL USES BUILDING ORIENTATION AND SETBACKS ILLUSTRATION (NOT TO SCALE) FIGURE 2: PLANNING AREA 2: NON-RESIDENTIAL USES BUILDING ORIENTATION AND SETBACKS ILLUSTRATION (NOT TO SCALE) CLE A R C R E E K D R I V E AT LEAST 30% OF THE PROPERTY’S FRONTAGE ALONG CLEAR CREEK DRIVE MUST CONTAIN A BUILDING WITHIN 0-20 FEET OF THE PROPERTY LINE CLE A R C R E E K D R I V E AT LEAST 50% OF THE PROPERTY’S FRONTAGE ALONG CLEAR CREEK MUST CONTAIN A BUILDING WITHIN 0-20 FEET OF THE PROPERTY LINE ORIENTED TOWARD THE CREEK PA-2 PA-2 AT LEAST 50% OF THE PROPERTY’S FRONTAGE ALONG CLEAR CREEK DRIVE MUST CONTAIN A BUILDING WITHIN 0-20 FEET OF THE PROPERTY LINE PRIMARY INTERNAL DRIVE: AT LEAST 30% OF THE PROPERTY’S FRONTAGE ALONG THE INTERNAL DRIVE MUST CONTAIN A BUILDING WITHIN THE REQUIRED 0-20 FOOT BUILD-TO AREA 50 % 5 0 % 30% 50% SITE PLANNING: HOMESTEAD DISTRICT DESIGN PATTERN BOOK 31 SITE PLANNING: HOMESTEAD DISTRICT FIGURE 3: PLANNING AREA 2 PRIMARY AND SECONDARY FRONTAGE ILLUSTRATION (NOT TO SCALE) PA-2 PRIMARY STREET FRONTAGE FOR PURPOSES OF CALCULATING BUILD-TO REQUIREMENTS SHALL NOT INCLUDE PRIMARY ACCESS DRIVES, AS ILLUSTRATED INTERNAL DRIVE FRONTAGE FOR PURPOSES OF CALCULATING BUILD-TO REQUIREMENTS SHALL NOT INCLUDE PRIMARY ACCESS DRIVES, AS ILLUSTRATED CLEAR CREEK CROSSING32 VINEYARD DISTRICT KEY MAP PLANNING AREA DIAGRAM 2.2.4 PLANNING AREAS 3-4: VINEYARD DISTRICT HOMHOMHOMH RESRESIRESI DIDIDI CO VINEYARD COMMERCIALDISTRICT POTENTIAL FUTURE CONNECTIVITY(FUTURE PHASE) WAGOWAGOWWAGOWAGOWAGOWWAGOWAANNNNNN OPEN OPEN OPEN OPEN ENOEOPEPESPSPACESPACESPACESPACEACCSPACEAAC DISTRDISTRDISDISTRDISTRDISTSICTCTICTCTCICTICTCT PA 4PA 4 PA 3 V CO MEMEMEESTEASTEASTEASTDDDDD IDIDIDENTIAENTIAENTIALLL ISTRISTRISTRICTICTICT MILLLM OMMEOMMERCIALCIAL DISTRRICTCTT HHARVHAESTSSTT COMMEMRCIALALALDISTRDISTRDISTISTRSTRRICTICTTIIC OMMERCIALDISTRICT PA 5A 5A 5AP PA 6 PA 7PPA 7P PA 3 CO PA 1P PA 2PA 2PA 2 C L E A R C R E E K D R I V E 40 T H A V E N U E APPLEWOOD GOLF COURSE(PROSPECT RECREATION TIATIATIAIAAL L LLLREREE TITITIIVITYVITYVITYIVITYYPHASE)PHASE)PHASE)SASE) EEEEE YYYYY PPA 8PA 8PA 8A8PA 8A8 ZONING: S(EX ZONING: PD COMMERCIAL(VACANT) ZONING: PD COMMERCIAL (VACANT) CLEAR CREEK Planning Area 3: Commercial uses including retail, restaurant and entertainment at a highly visible and accessible location adjacent to I-70. Planning Area 4: Commercial uses including retail and restaurant on highly visible and accessible pad locations north and south of the planned westbound I-70 hook ramps. Consistent with intent, guidelines and standards set forth for design theme and architecture as well as site elements detailed in the Design Pattern Book. VINEYARD PA 4PA 4 PA 3 VVVEEEESSSSSTTTT PPPPPPPPAAAA 5556666 HHHHHAAARRRVVVV PAAA 66 ZONI ET PLANNED I-70 HOOK RAMPS PA 4 AMAMAMAMAMAMPSPSPSPSPSPSSSSSSSSSSSSSSSPSS PA 4 HOHOHOHOHOOKOKOKOKOKOK RRRRRAAAAA 40 T H A V E N U E VINEYARD PA 3 4 4 4 4 4 4 4 4 4 4 4 4 4 4 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 4 4 4 4 0 0 4 4 0 4 0 U U U U U U E E E E E E U U U U U U U U U U U U U U U U U U U U U E E E E E E E E E E E E E E E E E U U U U U U U U U U E E E E E E E E E E E E E E E E E E E E E U U U U U U U U U U U U U U U U U U U E 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 T T T T T T T T 0 0 0 T T T T T T 0T N N N N N N N N N U U N N N N N N N N N N N N N N N N U U U U U U U N U T T T T T T T T T T E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E A A A V V V V V V T T T T T T T T T T T T T T T T T T T H H H H H H H H H H H H H H H H H H H H H H H H A A A A A A A V V V V V T T T H H A T T H H H H H H H H A A A T T T T T T T T T T T T T T T T T T T T T H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A V V V V V V V V V V V V V V V V V V V V V V V V V V V V V V V V V V E E E E E E E E E E E E E E E E E E E E E E E PUBLIC GATHERING SPACE TRAILHEAD EXISTING CLEAR CREEK TRAIL PRIMARY MULTI-USE TRAIL SECONDARY TRAIL P M PUBLIC SIDEWALKP S PLANNING AREA CONNECTIVITY TRAIL CONNECTIONS EXISTING SIGNALIZED FULL MOVEMENT INTERSECTION FULL MOVEMENT INTERSECTION LIMITED MOVEMENT INTERSECTION SS E F I S E F II PROPOSED SIGNALIZED FULL MOVEMENT INTERSECTION P F N P F IN INTERNAL ROAD NETWORK CDOT ‘A’ LINE MINOR ACCESS MAJOR ACCESS DESIGN PATTERN BOOK 33 DEVELOPMENT STANDARDS: PLANNING AREA 3 DEVELOPMENT STANDARDS: VINEYARD DISTRICT PERMITTED USES REFER TO CLEAR CREEK CROSSING OUTLINE DEVELOPMENT PLAN AMENDMENT FOR ALL PERMITTED USES SITE PLANNING BUILDINGS SHALL BE PLACED ACCORDING TO THE SETBACKS OUTLINED BELOW. BUILD-TO STANDARDS FOR PLANNING AREA 3 SHALL BE REQUIRED ON CLEAR CREEK DRIVE, 40TH AVENUE AND/OR PRIVATE INTERNAL DRIVES. REFER TO SECTION 2.3.4 FOR FURTHER STANDARDS AND GUIDELINES. SETBACKS AND BUILDING ORIENTATION PRIMARY FRONTAGE: CLEAR CREEK DRIVE • AT LEAST 50% OF THE PROPERTY’S FRONTAGE ALONG CLEAR CREEK DRIVE MUST CONTAIN A BUILDING WITHIN THE REQUIRED 0-20 FOOT BUILD-TO AREA SECONDARY FRONTAGE: 40TH AVENUE • AT LEAST 30% OF THE PROPERTY’S FRONTAGE ALONG 40TH MUST CONTAIN A BUILDING WITHIN THE REQUIRED 0-20 FOOT BUILD-TO AREA • WHERE PROVIDED BUILD-TO EXCEEDS THE MINIMUM REQUIREMENT, THE REQUIRED BUILD-TO REQUIREMENT ALONG THE OTHER STREET FRONTAGE MAY BE REDUCED BY AN EQUAL AMOUNT. THIS TRANSFERABILITY APPLIES TO 40TH AVENUE, ‘ CLEAR CREEK DRIVE, AND THE INTERNAL PRIVATE DRIVE • A SETBACK OF 5 FEET PER STROY SHALL APPLY FROM THE PROPERTY LINE ABUTTING INTERSTATE 70 • MODIFICATIONS AND VARIATIONS TO THE BUILD-TO CAN BE APPROVED DURING THE SDP PROCESS, WHERE THE INTENT OF THE BUILD-TO REQUIREMENT IS BEING MET • NO PARKING SHALL BE ALLOWED WITHIN 50 FEET OF THE RIGHT-OF-WAY AT THE INTERSECTION OF CLEAR CREEK DRIVE AND 40TH AVENUE, ONLY BUILDINGS, LANDSCAPING AND HARDSCAPING SHALL BE PERMITTED (SEE PA-3 AND PA-4 SITE PLANNING ILLUSTRATION) MAXIMUM LOT COVERAGE 80% MINIMUM LANDSCAPE REQUIRED 20% MAXIMUM BUILDING HEIGHT SINGLE USE, COMMERCIAL:56’-0” MIXED USE (DEFINED AS VERTICAL INTEGRATION OF USES):90’-0” RESIDENTIAL USES:65’-0” PARKING SURFACE AND/OR STRUCTURED PARKING PER SECTION 2.3.4 (PARKING AND SERVICE) AND SECTION 3.8 (PARKING STRUC-TURES). ALL PARKING SHALL MEET THE CITY OF WHEAT RIDGE STANDARDS, CHAPTER 26, ARTICLE V, SEC. 26-501 1.0 SPACE PER 1 BEDROOM MFR UNIT 2.0 SPACES PER 2-3 BEDROOM MFR UNIT 2.5 SPACES PER 4 BEDROOM MFR UNIT PLUS 1.0 GUEST SPACE PER 10 SPACES BICYCLE PARKING BICYCLE PARKING PER SECTION 2.4.1 (BICYCLE PARKING) 1 BICYCLE SPACE PER EVERY 10 UNITS, BUT NO LESS THAN 3 SPACES BUILDINGS / ARCHITECTURE REFER TO SECTION 3.0 (BUILDING DESIGN) AND 3.10.2 (MULTI-FAMILY ARCHITECTURE) MATERIALS REFER TO SECTION 4.0 (MATERIALS) LANDSCAPE REFER TO SECTION 5.0 (LANDSCAPE) LIGHTING REFER TO SECTION 6.0 (LIGHTING) SIGNAGE REFER TO SECTION 7.0 (SIGNAGE) OTHER REQUIREMENTS PLAZA AND GATHERING AREA REQUIREMENT, REFER TO SECTION 2.7 PUBLIC ART REQUIREMENT, REFER TO SECTION 2.9 CLEAR CREEK CROSSING34 PERMITTED USES REFER TO CLEAR CREEK CROSSING OUTLINE DEVELOPMENT PLAN AMENDMENT FOR ALL PERMITTED USES SITE PLANNING BUILD-TO STANDARDS ARE NOT REQUIRED ON CLEAR CREEK DRIVE IN PLANNING AREA 4 SETBACKS AND BUILDING ORIENTATION FRONT (ADJ. STREET): 15’-0” SIDE (ADJ. STREET): 10’-0” REAR (ADJ. STREET): 15’-0” MAXIMUM LOT COVERAGE 80% MINIMUM LANDSCAPE REQUIRED 20% MAXIMUM BUILDING HEIGHT 50’-0” PARKING SURFACE AND/OR STRUCTURE PARKING PER SECTION 2.3.4 (PARKING AND SERVICE) AND SECTION 3.8 (PARKING STRUCTURES) BICYCLE PARKING BICYCLE PARKING PER SECTION 2.4.1 (BICYCLE PARKING) 1 BICYCLE SPACE PER EVERY 20 AUTOMOBILE PARKING SPACES, BUT NO LESS THAN 4 SPACES BUILDINGS / ARCHITECTURE REFER TO SECTION 3.0 (BUILDING DESIGN) MATERIALS REFER TO SECTION 4.0 (MATERIALS) LANDSCAPE REFER TO SECTION 5.0 (LANDSCAPE) LIGHTING REFER TO SECTION 6.0 (LIGHTING) SIGNAGE REFER TO SECTION 7.0 (SIGNAGE) DEVELOPMENT STANDARDS: PLANNING AREA 4 DEVELOPMENT STANDARDS: VINEYARD DISTRICT DESIGN PATTERN BOOK 35 SITE PLANNING: VINEYARD DISTRICT FIGURE 1: PLANNING AREAS 3 & 4: ALL ALLOWABLE USES BUILDING ORIENTATION AND SETBACKS ILLUSTRATION (NOT TO SCALE) PA-3 PA-4 PA-4 CLEAR CREEK DRIVE 40 T H A V E N U E I-70 HOOK RAMPS AT LEAST 30% OF THE PROPERTY’S FRONTAGE ALONG 40TH AVENUE MUST CONTAIN A BUILDING WITHIN THE REQUIRED 0-20 FOOT BUILD-TO AREA 30 % BUILDING, LANDSCAPE OR HARDSCAPE ONLY, NO PARKING ALLOWED AT LEAST 50% OF THE PROPERTY’S FRONTAGE ALONG CLEAR CREEK DRIVE MUST CONTAIN A BUILDING WITHIN 0-20 FEET OF THE PROPERTY LINE 50% FIGURE 2: PLANNING AREAS 3 & 4 PRIMARY AND SECONDARY FRONTAGE ILLUSTRATION (NOT TO SCALE) SETBACK: 5 FEET PER STORY CLEAR CREEK DRIVE40 T H A V E N U E PA-3 PA-4 PA-4 I-70 HOOK RAMPS PRIMARY AND SECONDARY STREET FRONTAGE FOR PURPOSES OF CALCULATING BUILD-TO REQUIREMENTS SHALL NOT INCLUDE PRIMARY ACCESS DRIVES, AS ILLUSTRATED CLEAR CREEK CROSSING36 HARVEST DISTRICT KEY MAP PLANNING AREA DIAGRAM 2.2.5 PLANNING AREAS 5-7: HARVEST DISTRICT HOMHOMHOMH RESRESIRESI DIDIDI CO HARVEST COMMERCIALDISTRICT INEINENENEYARDYARDYARDYARDYARD OMMEOMMEMEERCIALRCIALC POTENTIAL FUTURE CONNECTIVITY(FUTURE PHASE) WAGOWAGOWWAGOWAGOWAGOWWAGOWAANNNNNN OPEN OPEN OPEN OPEN ENOEOPEPESPSPACESPACESPACESPACEACCSPACEAAC DISTRDISTRDISDISTRDISTRDISTSICTCTICTCTCICTICTCT PA 5 PA 6 PA 7 PA 4PA 4PA 4A4AAPA 4PA 4AVVVVVV COCCO MEMEMEESTEASTEASTEASTDDDDD IDIDIDENTIAENTIAENTIALLL ISTRISTRISTRICTICTICT MILLLM OMMEOMMERCIALCIAL DISTRRICTCTT OMMEOMMEMMERCIALCIALRCRDISTRDISTRDISTRSTRTRSICTICTICTICTCTCT HARVEST COMMERCIALDISTRICT PA 5 PA 6 PA 7 PA 3PA 3 CCO PA 1P PA 2PA 2PA 2 C L E A R C R E E K D R I V E 40 T H A V E N U E APPLEWOOD GOLF COURSE(PROSPECT RECREATION TIATIATIAIAAL L LLLREREE TITITIIVITYVITYVITYIVITYYPHASE)PHASE)PHASE)SASE) EEEEE YYYYY PPA 8PA 8PA 8A8PA 8A8 ZONING: S(EX ZONING: PD COMMERCIAL(VACANT) ZONING: PD COMMERCIAL (VACANT) CLEAR CREEK Planning Area 5: Commercial uses including retail, restaurant and hotel on accessible pad sites along Clear Creek Drive. Planning Area 6: Commercial uses including retail, restaurant and entertainment at a highly visible and accessible location adjacent to I-70. Planning Area 7: Commercial uses including retail, restaurant and hotel on accessible pad sites along Clear Creek Drive at the 40th Avenue intersection. Consistent with intent, guidelines and standards set forth for design theme and architecture as well as site elements detailed in the Design Pattern Book. HARVEST PA 5PA 6 PA 7 VEST PA 56 PA 7 HARV PA 6 ZON C R E E K D R I V E PPPAAA 444444444PPPAA 44 RRRRRRRRRRRRRRRRRRRRRRRR I I I I I I I I I I I I I I I I I I I I I I I I I I I I I VVVVVVVVVVVVVVVVV EE D RRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRR R E E EEE KKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKK DD RR 40 T H A V E N U E VVVVVVIINNNEEEEYYYYYAAAAAAAARRRRRDDDD PPPAAAAA 3333 4 4 4 4 4 4 4 4 4 4 4 4 4 4 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 4 4 4 4 0 4 0 U U U U U E E E E E E E E U U U U U U U U U U U U U U U U U U U U U U U U U U E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E U U U U U U U U U U U U U U U U U U U U U U E 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 T T T T T T T T T T T T T T T T 0 0 0 T T T T T T 0 T N N N N N N N N N N N N N N N N U U U N N N N N N N N N N N U U U U U U U N N N N N N N N N U DDD V EE DDDD T T T T T T T T T T T T E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E A A V V V V V V V V V T T T T T T T T T T T T T T T T T T T T T T T T T T T T T H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H A A A A A V V V T T T T T H H H H H H H H H A A A T T T T T T T T T T T T T T T T T T H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A V V V V V V V V V V V V V V V V V V V V V V V V V V V V V V V V V V E E E E E E E E E E E E E E E E E E E E E E E E E E E E E PUBLIC GATHERING SPACE TRAILHEAD EXISTING CLEAR CREEK TRAIL PRIMARY MULTI-USE TRAIL SECONDARY TRAIL P M PUBLIC SIDEWALKP S PLANNING AREA CONNECTIVITY TRAIL CONNECTIONS EXISTING SIGNALIZED FULL MOVEMENT INTERSECTION FULL MOVEMENT INTERSECTION LIMITED MOVEMENT INTERSECTION SS E F I S E F II PROPOSED SIGNALIZED FULL MOVEMENT INTERSECTION P F N P F IN INTERNAL ROAD NETWORK CDOT ‘A’ LINE MINOR ACCESS MAJOR ACCESS DESIGN PATTERN BOOK 37 PERMITTED USES REFER TO CLEAR CREEK CROSSING OUTLINE DEVELOPMENT PLAN AMENDMENT FOR ALL PERMITTED USES SITE PLANNING BUILDINGS SHALL BE PLACED ACCORDING TO THE SETBACKS OUTLINED BELOW. BUILD-TO STANDARDS ARE NOT REQUIRED ON CLEAR CREEK DRIVE IN PLANNING AREA 5, 6, OR 7. REFER TO SECTION 2.3.4 FOR FURTHER STANDARDS AND GUIDELINES. WHEN MULTI-FAMILY USES ARE PROPOSED IN THE HARVEST DISTRICT (PA-5, PA- 6, OR PA-7), THE FOLLOWING DEVELOPMENT STAN- DARDS FROM THE HOMESTEAD DISTRICT SHALL APPLY: MINIMUM LANDSCAPE REQUIRED MAXIMUM BUILDING HEIGHT, PARKING, BICYCLE PARKING, BUILDINGS / ARCHITECTURE, MATERIALS, LANDSCAPE, LIGHTING, SIGNAGE, AND OTHER REQUIREMENTS SETBACKS AND BUILDING ORIENTATION PLANNING AREA 5 • MINIMUM SETBACK IS 5’ PER STORY • WHERE DEVELOPMENT ABUTS A LOW DENSITY RESIDENTIAL USE, A 20 FOOT SETBACK LANDSCAPED WITH GRASS AND TREES AND/OR SHRUBS SHALL APPLY PLANNING AREA 6 • BUILDINGS SHALL BE ORIENTED PROXIMATE TO PRIMARY PEDESTRIAN ROUTES WITHIN AND AMONG THE PLANNING AREA, TO BE APPROVED DURING SDP REVIEW• ALONG THE SOUTHERN AND WESTERN PROPERTY LINES OF THE PLANNING AREA, A MINIMUM SETBACK OF 5 FEET PER STORY SHALL APPLY • WHERE DEVELOPMENT ABUTS A LOW DENSITY RESIDENTIAL USE, A 20 FOOT SETBACK LANDSCAPED WITH GRASS AND TREES AND/OR SHRUBS SHALL APPLY PLANNING AREA 7: • MINIMUM SETBACK OF 5 FEET PER STORY SHALL APPLY MAXIMUM LOT COVERAGE 80% MINIMUM LANDSCAPE REQUIRED 20% MAXIMUM BUILDING HEIGHT 65’-0” PARKING SURFACE AND/OR STRUCTURE PARKING PER SECTION 2.3.4 (PARKING AND SERVICE) AND SECTION 3.8 (PARKING STRUCTURES) BICYCLE PARKING BICYCLE PARKING PER SECTION 2.4.1 (BICYCLE PARKING) 1 BICYCLE SPACE PER EVERY 20 AUTOMOBILE PARKING SPACES, BUT NO LESS THAN 4 SPACES BUILDINGS / ARCHITECTURE REFER TO SECTION 3.0 (BUILDING DESIGN) MATERIALS REFER TO SECTION 4.0 (MATERIALS) LANDSCAPE REFER TO SECTION 5.0 (LANDSCAPE) LIGHTING REFER TO SECTION 6.0 (LIGHTING) SIGNAGE REFER TO SECTION 7.0 (SIGNAGE) DEVELOPMENT STANDARDS DEVELOPMENT STANDARDS: HARVEST DISTRICT CLEAR CREEK CROSSING38 2.2.6 PLANNING AREAS 8: WAGON DISTRICT POTENTIAL FUTURE CONNECTIVITY(FUTURE PHASE) WAGON OPEN SPACE DISTRICT PA 5PAPA 5A 5PA 5PAA5 C L E A R C R E E K D R I V E 40 T H A V E N U E APPLEWOOD GOLF COURSE(PROSPECT RECREATION PHASE)PHASE)ASE)ASE) PA 8 ZONING: S(EX ZONING: PD COMMERCIAL(VACANT) ZONING: PD COMMERCIAL (VACANT) HOHOMHOMHHHHHHHH RESIRESI DIDIDII COCO IINEININEEININNYARDARDYARDDDYARDDYARA OMMEOMMOMMEMOMMOMOMEMERCIALIACIARCIAACCIA PAPPA 4PAPAPA 4444VVVVVVVV COCOCOCOCOCCCO HHARVHARVHAHARVHAHARVAESTESTESTSTTTST COMMECOMMEMMECOMOMMMMRCIRCIALIALAAADISTRDISTRDISTRDISTRDISTISDISSTRICTICTTICTICICTC OOMMEOOORCIALCCIDISTRTRTRTRTRTRDISTRRICTICTICICTICTCTCCIC MEMEMESTEASTEAEADDDD IDDIDENTIAENTTIALL ISTRISIRIICTICTC MILLMILLMILL OMMEOMMEMRCIALRCIALC DISTRDISTRISTICTICTCT PA 6PA 6PA 6PA 6 PA 7PA 7PA 7PA7A 7A 7PA 7 PA PA PA 3PAA3PAPAAA COCOCOCCCO PA 1PA 1P PA 2PA 2PA 2 POTENTPOTENTPOTENTPOTEOTENTFUTURFUTURFUTFUTURFU CONNECTCONNECTONNECCONNECTCC(FUTUR(FUTUR(FUTURE(FUTURE(FUTUREEPPHPHP WAGON OPEN SPACE DISTRICT C L L L L L EE AAAAAA RRR CCCCCC RRRRR EEEEEE EEE KKK DDD RRRR III VVVVVV EEE EN U U U U EN U U EN U NU U NU EN U U EN N EN E E E E E E E E E E E E E E E E E E E E E U U EN U U U U EN U U EN U U U U U N EN N N N EN EN E E E E E E E E E E E E E E E E E U U U EN U U U U EN EN N EN E E E E E E E E EN U E AV E AV E AV AV A 40 T H 40 T H 40 T H TH T 40 4 4 A A A AV E AV E AV E E AV E E VE E E VE AV E VE V V V V V V V AV AV A A A A A 40 T H 40 T H 40 T H H 40 T H TH H H H H H H TH T 40 T T 40 T T 40 T T 0T 0 0 0 40 0 0 40 40 4 4 A A A A A A A A E E E E VE AV E AV E V V V V AV AV V V AV A A A H TH H H H H H T T 0 A A A 40 T H AV E APPLEWOOAPPLEWOOAPPLEWOOAPPLEWOOOOOAPPLEWAPPLEWAPPLEWOOAPPLEWAPPLEWPPLEWPLEWDGOLFCD GOLF CDGOLFCD GOLF CD GOLF CGOLD GOLF CGGOURSEOOURSEOURSEOURSE TIATIATIAIAAL L LLLREREE TITITIIVITYVITYVITYIVITYYPHASE)PHASE)PHASE)S E YYYYY PA 8 ZOZONING: ZONING: ZONINGZONINGZONING:ONING:G:: ONIONINGZONGZN PDPPD PD PDCOMMERCCOCOMMCOOCOMMERCMMEROMMERCMMERCCCICOMORCCIICOMMERCRALALALLLLL(VACAN(VACA(VACANVACANVACANVACANANTVACANCAN(VACANTT)NT)T)NNTVA(VACANT ZONINGZONINGZONINGZONINGZONIG: G: G: G: PD PD PD PDPPCOMMECOMMERCOMMERCOMMERCOMMMERCIRCIRCICIALALALALAL (VAC(VA(VACANVAN(VACAN(VACANACANA(VACANAANNT)NT)NT)NT)NNT) CLEAR CREEK Multi-use trail, open space and water storage land uses, connected by a pedestrian network that links to the Clear Creek Regional Trail. Consistent with intent, guidelines and standards set forth for design theme and architecture as well as site elements detailed in the Design Pattern Book. WAGON DISTRICT KEY MAP MULTI-USE TRAIL NEIGHBORHOOD TRAIL CONNECTION EXISTING POND EXISTING TREES MULTI-USE TRAIL DRAINAGE SWALE CROSSING EXISTING DRAINAGE SWALE PROPERTY LINE PROPOSED RETAIL (HARVEST DISTRICT) EXISTING RESIDENTIAL TRAIL CORRIDOR CROSS-SECTION RETAIL CONNECTION FUTURE CONNECTION TO PROSPECT DISTRICT BY OTHERS Note: Both of the above trail alignment and amenity graphics are conceptual in nature and subject to change pursuant to future approvals by the City of Wheat Ridge SHADE STRUCTURE PARKING REGIONAL WATER QUALITY EXISTING POND CLEAR CREEK CLE A R C R E E K D R I V E 10’ MULTI-USE TRAIL EXISTING CLEAR CREEK TRAIL EXISTING TREES 6’ SIDEWALK PARALLEL PARKING BIKE RACK & MAP KIOSK SIGN KIOSK CONNECTION TO CLEAR CREEK TRAIL MULTI-USE TRAIL PROPOSED RETAIL PARKING TRAIL MARKER TRAIL CORRIDOR CROSS-SECTION DESIGN PATTERN BOOK 39 PERMITTED USES REFER TO CLEAR CREEK CROSSING OUTLINE DEVELOPMENT PLAN AMENDMENT FOR ALL PERMITTED USES SETBACKS 10’-0” FROM ALL PROPERTY LINES BUILDING ORIENTATION N/A MAXIMUM LOT COVERAGE 20% MINIMUM LANDSCAPE REQUIRED 80% MAXIMUM BUILDING HEIGHT 35’-0” UPPER STORY STEPBACKS N/A OPEN SPACE REFER TO SECTION 2.8 (OPEN SPACE AND VIEWS) TRAILS AND SIDEWALKS INTERCONNECTED SYSTEM INCLUDES SIDEWALKS, BIKE PATHS, MULTI-USE TRAILS AND TRAIL HEADS. CIRCULATION DESIGN PER SECTION 2.3.1 (PUBLIC TRAILS, SIDEWALKS AND BIKE LANES) AND TRAIL AMENITIES PER SECTION 5.6 (TRAIL FURNISHINGS). PARKING SURFACE PARKING LOT AND STREET PARKING SHALL SERVE THE CLEAR CREEK TRAIL AT THE CLEAR CREEK DRIVE CUL-DE-SAC TERMINATION, PER SECTION 2.2.3 (PUBLIC STREET SECTIONS). ALL PARKING SHALL MEET THE CITY OF WHEAT RIDGE STANDARDS, CHAPTER 26, ARTICLE V, SEC. 26-501 BICYCLE PARKING BICYCLE PARKING PER SECTION 2.4.1 (BICYCLE PARKING) AND SECTION 5.6 (TRAIL FURNISHING) 1 BICYCLE SPACE PER EVERY 20 AUTOMOBILE PARKING SPACES, BUT NO LESS THAN 4 SPACES BUILDINGS / ARCHITECTURE REFER TO SECTION 3.0 (BUILDING DESIGN) MATERIALS REFER TO SECTION 4.0 (MATERIALS) LANDSCAPE REFER TO SECTION 5.0 (LANDSCAPE) LIGHTING REFER TO SECTION 6.0 (LIGHTING) SIGNAGE REFER TO SECTION 7.0 (SIGNAGE) DEVELOPMENT STANDARDS DEVELOPMENT STANDARDS: WAGON DISTRICT CLEAR CREEK CROSSING40 2.3 Streets Access to the surrounding thoroughfares will provide multiple opportunities to enter the development including connections planned for the Project density and trips produced. Four access points are planned to accommodate the development, including a direct access to and from Interstate 70 through the use of planned hook ramps, a 40th Avenue underpass connection to Youngfi eld Road, a connection to the south to 32nd Avenue and a future extension of Clear Creek Drive to the north of Clear Creek Crossing and connecting with Highway 58. There are two primary streets within Clear Creek Crossing, both extending and connecting to existing streets adjacent to the Site. Clear Creek Drive is a planned four-lane street with a dedicated turning lane extending southerly to its alignment with the existing Youngfi eld Service Rd, where it connects to 32nd Ave at a signalized intersection, just west of the existing I-70 freeway bridge. To the north, Clear Creek Drive will cross a planned signalized intersection with the planned I-70 ramps, aligned at approximately 38th Ave, after which the collector street will cross the Site diagonally to the northwest, intersecting with 40th Ave. Clear Creek Drive will terminate near the northwest boundary of the Site in a cul-de-sac near a planned trailhead and trail, which will connect to the existing Clear Creek Regional Trail, along the creek. A future phase of the development to the north and west future phase eventually will extend the street beyond the cul-de-sac to its proposed connection with Hwy 58. The other planned primary street which runs east/west within the Site, 40th Avenue is a two-lane street with a dedicated turning lane aligned to connect to existing 40th Ave, just east of the Site boundary at its intersection with Youngfi eld Service Rd. The existing 40th Ave is also a two-lane street with a dedicated turning lane, extending westerly, under the I-70 40th Ave bridge where the street intersects and terminates at Youngfi eld Rd. The Project will require a variety of intersection types and design to enhance safety and connectivity throughout the site. Within Clear Creek Crossing, there are four signalized full movement (primary) intersections and fi ve additional full movement and two limited movement intersections at various planned drive locations, primarily along Clear Creek Dr. Treatments of the planned primary intersections, including the I-70 ramp entrance to Clear Creek Dr, as well as the 40th Ave and Clear Creek Dr intersection may utilize design enhancements to include, raised crosswalks, change in pavement pattern and/or materials and additional signage. 41DESIGN PATTERN BOOK 2. 3 S t r e e t M a p ZO N I N G : S F R E S I D E N T I A L (E X I S T I N G ) CO O R S ’ W A T E R S T O R A G E MA P L E G R O V E EL E M E N T A R Y SC H O O L PL A N N E D I - 7 0 HO O K R A M P S PA 1 PA 2 PA 3 PA 4 P A 4 PA 5 PA 6 PA 7 ZO N I N G : IN D U S T R I A L (E X I S T I N G ) YO U N G F I E L D S T R E E T W 3 2 N D A V E N U E RA I L R O A D TR A I L H E A D EN L A R G E M E N T C L E A R C R E E K D R IV E PA R K I N G TR A I L H E A D MU L T I - U S E T R A I L AP P L E W O O D G O L F C O U R S E (P R O S P E C T R E C R E A T I O N & P A R K D I S T R I C T ) PO T E N T I A L FU T U R E CO N N E C T I V I T Y (F U T U R E P H A S E ) PA 8 ZO N I ZO N I ON I ON I ON I ON I ZO N I NI ZO N I NI NI NI NI N N N N N N ZO N ZO N ZO N O Z Z NG : NG : NG : NG : NG : NG : G: NG :G: NG :G:G G G G G N N N R SF R R SF R SF R SF R SF R SF R R R R R R R R R SF R FR R F F SF F SF SF S ES I D ES I D ES I D ES I D ES I D ES I D ES I D ES I D ES I D D SI ES I SI SI I I SI SI SI SI SI ES I S S S S ES S S S S S S S S S E E E E EN T I EN T I EN T I EN T I EN T I EN T I EN T I EN T I EN T I EN T I T NT NT NT T EN T NT EN EN N N E E E AL AL L AL AL AL L L L L A A A A A A A A A A XI EX I (E X I (E X I (E X I (E X I (E X I EX I I (E X I XI (E X I X (E X (E X EX EX X (((( IN IN N N IN N N N N TI N N TI N N ST I N ST I N N TI N N ST I N N ST I N ST I N ST I ST I TI ST T T T T T T T T T ST S S S G)G)G)G))G)G))G)G)G)G))G G G G G G G G G G PA 1 PA 2 PA 5 PA 6 P A 7 PA 3 AI AI AI I AI LH LH LH L L TR A I L H E A D E N L A R G E M E N T RE G I O N A L WA T E R QU A L I T Y ZO N I N G : P D CO M M E R C I A L (V A C A N T ) ZO N I N G : P D CO M M E R C I A L (V A C A N T ) C L E A R C R E E K D R I V E CL E A R C R E E K 4 0 T H A V E N U E PA 4 4 PA 4 4 PA 4 A 4 0 N U 0 N U 0 T T 0 T N N N N N N N N N N T T 0 T N N N N N N N T T 0 T T T E N E N N N N N E N N N N E E E N N T T E N E N N N N N N N E N T T V E E E E E E E V E V V V E V V V V V V E V V V V V E E A A A A A H H H H H H H H A A A H A A A A A A A H A A A A H H H H H V V V V V V V V V E E E E E E E V E E E E V E E E E E E V V V V V V V V V V V A H H A H H H H H H H H H H H H H H H H H A A H H H H H H H A A A A A H H H H H A A A A A A A A A V V V V V V V V V E E E E E V E V V V E V V V V V V V V V V V V V V V V V E E V V E E V V V A A A A A A A A H H H H H H H H H H A H A A H A A A H A A A A A H A H A A A H H V V V V V V A A A A A V V V V V V EX I S T I N G S I G N A L I Z E D FU L L M O V E M E N T IN T E R S E C T I O N FU L L M O V E M E N T IN T E R S E C T I O N LIM I T E D M O V E M E N T IN T E R S E C T I O N AC C E S S D R I V E PR O P O S E D S I G N A L I Z E D FU L L M O V E M E N T IN T E R S E C T I O N IN T E R N A L R O A D NE T W O R K CD O T ‘ A ’ L I N E NO R T H CLEAR CREEK CROSSING42 2.3.1 Public Street Design and Circulation DESIGN INTENT • Introduce a street and sidewalk pattern, orientation, and hierarchy that encourages walkability between and through the Districts. • Design and construct streets that support a multi- modal environment, including vehicular, pedestrian and bicycle traffi c. • The streetscape treatments should be an element that provides continuity throughout the Project. • Maintain pedestrian safety at primary intersections within the Project. • Signage on streets should be a cohesive design element that clearly identifi es the Project and its users from the streets DESIGN STANDARDS • Ensure clear sight lines are maintained at public street intersections to provide for vehicular, pedestrian, and bicycle safety. • Public street design shall follow the appropriate street section templates included in 2.3.3 Public Street Sections in this document. • Clear lane marking and signs for bicycle and vehicle travel shall be maintained throughout the Project’s public streets. • Vehicle access driveways on public streets shall meet the following requirements: • No vehicle access driveways may be closer than twenty-fi ve (25) feet to any property line except when used for joint access for two (2) or more parcels within a planning area. Flexibility in this requirement is allowed should the Planning Areas be further subdivided in the future. • Vehicle access drives on the same parcel shall be spaced at not less than 100’ intervals. • Curb cuts in commercial districts shall not be more than 35’ in width when serving an individual parcel and shall not in any instance be less than 20’. • All curb cuts and driveways shall be not less than 10 degrees off perpendicular to the street it serves. • Any potential vehicular traffi c confl icts with users of multi-use trails shall be minimized. • Tree lawns (area between sidewalk and street) shall be landscaped with street trees and sod, or in lieu of sod a combination of shrubs, ornamental grasses, and perennials. • Street tree selection and planting design along public streets shall be designed to unify the project through consistent application of landscape patterns. • Landscape design within tree lawns shall not interfere with walkability, accessibility, or safety along public streets. DESIGN GUIDELINES • Shared curb cuts and driveways are encouraged between multiple parcels. Where access points are shared or where adherence to these standards would leave a parcel without vehicular access, curb cut setback or spacing requirements may be adjusted. • Use of wayfi nding signage to communicate access to trail connection amenities is highly encouraged. Provide wayfi nding signage at key locations along public streets. • Use of enhanced paving crosswalks or other alternative methods of making pedestrian travel for clarity and safety is highly encouraged. • Landscape islands with pedestrian walkways may be incorporated at street intersections, amenity spaces, or building entrances creating clear separation from vehicular and pedestrian circulation. Vehicular, Pedestrian and Bicycle Network Landscaped streetscape Enhanced paving at crosswalks DESIGN PATTERN BOOK 43 DESIGN GUIDELINES • Specialty intersection treatments are encouraged to support pedestrian traffi c. • Throughout the Project the streets should be visually cohesive through the use of similar or complementary streetscape elements, hardscape treatments and planting. • Street trees should be selected to create a continuous canopy at maturity allowing 30’ spacing where available. • A specialty paving system or pattern, with or without a change in material is encouraged at primary street intersections with the Walking Zone. • Signage on streets should be a cohesive design element that clearly identifi es the Project and its users from the streets. 2.3.2 Private Street Design and Circulation DESIGN INTENT • Assure through internal streets that traffi c is dispersed effi ciently and safely providing ease of entry to the Project, as well as exit from the various Districts. • Establish logical, safe and attractive connections to and throughout the development. • At Project’s vehicular entry points, provide clear separation from bicycles and pedestrians. • Minimize confl icts between vehicles and pedestrians by limiting curb cuts along pedestrian centric streets. • Encourage site access drives that promote effective circulation among adjacent parcels within the Project. DESIGN STANDARDS • Internal streets shall include a Pedestrian Walking Zone (sidewalk) and an Amenity Zone. • Pedestrian walking zones shall be unobstructed and clear along all streets. Private zones should connect to adjacent streets and Walking Zones through a combination of concrete w/ pattern, texture, or concrete pavers. • The Amenity Zone shall be a minimum of six ft. (6’) wide and contain trees, pedestrian lighting, streetscape elements, wayfi nding, signage, and furnishings to maintain Project continuity . • Pedestrian Walking Zones and bicycle lanes shall prioritize safety in design, particularly in areas near the planned I-70 ramps. • The branching height of mature trees shall be a minimum of eight (8’) feet in height for unobstructed Walking Zones. • Walking Zones shall be organized to create a continuity of walkable areas throughout the Project. Pedestrian walking zone Landscaped amenity zone Landscaping to enhance pedestrian zones 44 CLEAR CREEK CROSSING 2. 3 . 3 P u b l i c S t r e e t S e c t i o n P r o p o s e d A c c e s s P o i n t NO R T H DESIGN PATTERN BOOK 45 2.3.3 Public Street Sections (cont.) CLEAR CREEK CROSSING46 2.3.3 Public Street Sections (cont.) DESIGN PATTERN BOOK 47 2.3.4 Conceptual Private Street Section The above conceptual private street section is intended to provide an idea of the spatial feel of the internal private drives. Actual internal access drives will be proposed, reviewed and approved by the City of Wheat Ridge at the time of the Specifi c Development Plan. The above graphic demonstrates two street section instances, the left demonstrating a street abutting a parking fi eld primarily applicable to the Harvest and Mill Districts and the right side of the section demonstrating a more pedestrian oriented section likely to be proposed in the Vineyard District. 48 CLEAR CREEK CROSSING 2.4 Pedestrian Connectivity A major component of Clear Creek Crossing is pedestrian connectivity, both internal to the site, as well as externally to existing adjacent neighborhoods and the Clear Creek Trail. This connectivity is intended to serve the needs of the community encouraging use of the trail. Access to the Clear Creek Trail will be of importance in site planning efforts for the Development, as Clear Creek and its associated trail not only drives the design inspiration of Clear Creek Crossing, but also provides a regional connection to the community that should be celebrated. Special emphasis placed on quality and functionality of the pedestrian environment improves social interaction, connects the existing fabric of the adjacent neighborhood and encourages travel from destination to destination within the larger community without the use of a motor vehicle. 49DESIGN PATTERN BOOK ZO N I N G : S F R E S I D E N T I A L (E X I S T I N G ) ZO N I N G : IN D U S T R I A L (E X I S T I N G ) CO O R S ’ W A T E R S T O R A G E MA P L E G R O V E EL E M E N T A R Y SC H O O L PA 1 PA 2 PA 3 PA 4 PA 5 PA 6 RA I L R O A D YO U N G F I E L D S T R E E T W 3 2 N D A V E N U E AP P L E W O O D G O L F C O U R S E (P R O S P E C T R E C R E A T I O N & P A R K D I S T R I C T ) PA 7 PA 8 R E G I O N A L W A T E R Q U A L I T Y ZO N I N G : P D CO M M E R C I A L (V A C A N T ) ZO N I N G : P D CO M M E R C I A L (V A C A N T ) 4 0 T H A V E . PA 4 R E G I R E G I R E G O N A L O N A L O N A L O N A L N A L L A L L W A T T W A T W A T W A T A T A T T E R E R E R E D D D D D D D AL L AL AL AL A )))) PA 4 PA 3 PA P P P P 4 PA 5 PA 6 PA 4 PE D E S T R I A N C R O S S I N G E N L A R G E M E N T PO T E N T I A L FU T U R E R O A D CO N N E C T I V I T Y (F U T U R E P H A S E ) G E N L A R G E M E N T NT CL E A R C R E E K D R I V E I- 7 0 H O O K R A M P PE D E S T R I A N C R O S S I N G PU B L I C S I D E W A L K PA - 4 FU L L I N T E R S E C T I O N PA - 4 C L E A R C R E E K D R I V E V E N U E PE D E S T R I A N C R O S S I N G EN L A R G E M E N T CL E A R C R E E K R R R R C L E A R C R E E K D R I V P V E V E V E . V E . V E PA 1 0 T 0 T H A H A V V 0 T 0 T H A H A V V A V P PA 1 AP P L AP P L AP P L AP P L AP P L AP P L AP P AP P AP P P AP A EW O O EW O O EW O O WO O O O O W EW W EW EW EW EW D G O D G O D G O D G O DG O GO DG O G G G D LF C LF C LF C LF C LF C OU R S OU R S UR S OU R S OU R S O E E E E G:G: NG : : NG : :G: NG : NG NG G NG G PD PD PD PD P P P CI CI CI C C C RC RC ER C RC ER C ER C ER C ER ER R R R R L L AL AL AL AL AL C C C C C C C C NT ) NT ) NT ) )T) NT N N AN N AN AN AN AN AN A A A A A APA 7 R E G I R E G I R E R O N A L O N A L O N A L N W A T W A T W A T W A W A W T R E R E R E R R R R Q U A L Q U A L Q U A L U Q Y I T Y I T Y I T Y Y I T Y Y ZO N I ZO N I ZO N I ON I ZO N I ZO N I ON ZO ZO O O ZO N N N N N N CO M M CO M M CO M M CO M M MM MM CO M M CO M M CO M M M CO O O O O O O O CO E E E E (V A C (V A C (V A C (V A C (V A C VA C (V A C C (V A C VA C VA C VA ( R E G I R E G I R E G I E O N A L O N A L O N A W A T W A T W A T A A W W A W R E R E R E R Q U A L Q U A L Q U A L Q Q Q U A L A L L A L A T Y T Y I T Y I T Y I T Y I T Y Y P PA R R R A 2 L L E E A A R R R C C R R E E E E E E E E E E E E K K D D R R I I V V C C L L L L E A 4 4 4 4 4 4 4 4 E E E E E E E E 4 C C C C4 C C C C C C C C C R R R R R R R R R R R R R R R R R R R R R R R R R R R R R R R R R R R R R R R R R R R R R R R R R R R R R R R R R R R R E E E E E E E E E E E E E E E E E PU B L I C G A T H E R I N G SP A C E TR A I L H E A D EX I S T I N G C L E A R CR E E K T R A I L PR I M A R Y MU L T I - U S E T R A I L SE C O N D A R Y T R A I L P P P M M M PU B L I C S I D E W A L K P P P P P P P P P PSSSS PL A N N I N G A R E A CO N N E C T I V I T Y TR A I L C O N N E C T I O N S SI G N A L 2. 4 . 1 P e d e s t r i a n C o n n e c t i v i t y M a p NO R T H CLEAR CREEK CROSSING50 2.4.2 Public Trails, Sidewalks & Bike Lanes DESIGN INTENT • Provide entry points to the Project for vehicles, bicycles, and pedestrians. • Create a vibrant streetscape environment that focuses on the pedestrian and complements the vision for a walkable, mixed-use planned development. • Provide clear paths of travel for bicyclists, pedestrians, and vehicles with designated areas of travel to minimize confl icts. • Encourage a safe and convenient pedestrian and bicyclist experience at the Project, maintaining safety as the highest priority. • Provide direct and comfortable pedestrian connections between developed uses and publicly accessible open space including Clear Creek Trail and plazas within the Project. • Incorporate a public amenity zone with enhanced streetscape amenities including street trees, plantings, benches, and pedestrian lighting that form a cohesive image for the Project. DESIGN STANDARDS • Vehicular access shall be designed to minimize any confl icts between streets and primary pedestrian or bicycle access at the Project. • Detached sidewalks with tree lawns (which shall include street trees) or attached sidewalks with Amenity Zones (which shall include street trees in cut-outs) between the curb and walking zone shall be provided. • Streets, pedestrian networks and bike routes shall be connected to the existing development in the surrounding area. • Sidewalks shall be at least six (6’) feet wide and the Amenity Zone shall be at least six (6’) feet wide. • A system of pedestrian sidewalks shall be provided and designed to provide direct access and convenient connections to and between the following: • All site amenities or publicly accessible open spaces and plazas. • Public and private sidewalks on adjacent properties that extend to adjoining land uses, developments, and public facilities such as parks, green-ways, schools, recreational facilities and public offi ce buildings. • Pedestrian lighting shall be provided on streets that are considered major pedestrian environments within the Project. At plaza and trail locations, site amenities shall support the pedestrian and cyclist experience, providing adequate and convenient facilities. DESIGN GUIDELINES • Primary intersections may be set apart with aesthetic design elements that mirror the signifi cance of the signalized full movement. • Landscape should consider its purpose as a visual cue and unifying element. Landscape in the Amenity Zones should not impede circulation for any of the modes of travel through the Project. • Where possible, private amenity zones should be utilized to provide additional pedestrian amenities, such as benches or planters. Additional seating areas within the streetscape, especially near corners and areas with high pedestrian traffi c, are encouraged. Comfortable and direct connections Multi-Use trail Multi-modal connections DESIGN PATTERN BOOK 51 2.4.3 Pedestrian Access & Circulation DESIGN INTENT • Create an inviting environment that has clear circulation paths from parking areas to building entries. • Provide accessibility for pedestrians to safely navigate within Districts as well as between them. • Provide clear, visually interesting accessible routes for pedestrians to navigate through the mid-points of blocks and intersections. • Provide direct and comfortable pedestrian connections between developed uses and publicly accessible open space including Clear Creek Trail and plazas within the Project. DESIGN STANDARDS • An on-site system of pedestrian walkways shall be provided and designed to provide direct access and convenient connections to and between the following: • Primary entrances to each primary building, including pad site buildings; • All surface parking areas or parking structures; • Nearby site amenities. • Walkways must be clear of low branches, vegetation and similar impediments. • Areas within the Project where the pedestrian walkway crosses a parking area or internal street, the walkway shall be clearly differentiated through a change in color or material. • Pedestrian walkways shall be continued across driveways and drive aisles in parking lots. • Where walkways occur along a building facade, the required walkway must be clear of door swings, exterior display areas, shopping cart storage, and similar impediments. DESIGN GUIDELINES • The number of curb cuts should be minimized to the extent possible and be shared between uses and parking areas except in retail. • Drop off areas for specifi c uses such as hotels, employment, and residential areas may be allowed when deemed appropriate and not in confl ict with the general pedestrian and vehicular traffi c patterns. • Connections between pedestrian walking zones and multi-use trails are encouraged. • Design of pedestrian elements should be cohesive throughout the Project, serving as a visual connector between the Districts. Clear walkways along building facade Material change at walkways Pedestrian connections CLEAR CREEK CROSSING52 2.5 Parking and Service DESIGN STANDARDS • Parking requirements by use are set forth in the Development Standards Table in Section 1.7 of this document. • When a parking lot or loading area is placed between the public right-of-way and a building, or adjacent to existing residential uses, view-obscuring screening shall be established between the ROW or residential use and the parking area and composed of live plantings, berms, or walls, or a combination thereof. The height of the screening shall be subject to the sight distance triangle requirements. • Drive-through lanes are allowed within a “build-to” area as long as lane(s) is (are) screened with 3’ tall landscaping, berming, and/or wall. • Landscaped islands and/or medians are required in larger parking areas to minimize the aesthetic impacts of large, uninterrupted parking areas. Large areas of surface parking shall be divided by landscaped medians, accordingly: • All parking areas in excess of twenty-fi ve (25) spaces shall have at least one (1) interior landscaped island per twenty-fi ve (25) spaces. For double bay parking this space may be reduced to one parking lot island per thirteen (13) double bay parking spaces. • Each such landscaped island shall occupy the equivalent of one (1) parking space (minimum) and each such required island shall be landscaped with a minimum of one (1) two-inch caliper tree or larger and four (4) shrubs or accepted groundcover. • Parking lot islands shall be irrigated with an automated sprinkler and have raised concrete curbs. • No landscaping within landscaped islands may obstruct visibility for vehicles entering, maneuvering in, or exiting the parking lot. • Parking lots over 400 spaces shall be broken up into smaller lots with landscaped pedestrian paths leading to primary building entrances. • Stacking for drive-through facilities shall not be located directly adjacent to existing residential uses. • Multifamily parking shall not be placed within the minimum frontyard setback. Where the sideyard or rearyard setback is adjacent to a public street, a landscape buffer of at least 10 feet is required. DESIGN INTENT • Promote a walkable, pedestrian-friendly site with minimizing visual impact of parking areas. • Encourage a visually appealing appearance of surface parking areas while maintaining adequate facilities to serve various uses within the Project. • Consider shared parking as a way to promote connectivity through the Project. • Accommodate and encourage multi-modal transportation usage which may reduce parking through parking reductions. • Provide adequate lighting levels to create a safe, secure environment while limiting negative impacts on adjacent properties. Landscaped Parking Islands Landscaped Parking Islands DESIGN GUIDELINES • The visibility of parking from the street should be minimized. • Shared parking between users is encouraged. • The use of perimeter walls, berms, landscaping, or placement of buildings may be used to reduce the visual impact of parking areas. • Parking Structures are encouraged where appropriate and cost effective within the development to help manage large expanses of parking lots as well as to encourage effective pedestrian connectivity within the Project. • In order to minimize large expanses of parking, interior landscaped pedestrian paths are suggested to break up large lots and provide safe pedestrian connection to the primary building entrances. • Minimize surface parking where possible through the use of Shared Parking and Parking Reductions as outlined in 26-501. Aggregate LandscapingLandscaped Parking Islands DESIGN PATTERN BOOK 53 2.6 Bicycle Parking DESIGN INTENT • Accommodate and encourage multi-modal transportation usage which may reduce parking lot sizes overall through parking reductions. • Provide adequate bicycle parking facilities to encourage cycling as a viable transportation mode for visitors and residents of the Project. • Encourage the connection between Clear Creek Trail and the Project by providing conveniently located bicycle parking in all Districts. • Maintain safety for cyclists through thoughtful location of bicycle parking facilities. DESIGN STANDARDS • Bicycle parking requirements by use are set forth in the Development Standards Table on Page 12 of this document. • The required bicycle rack is the “inverted U” type and shall count as two (2) bicycle spaces. Other types of bicycle racks may be approved by the community development director • Parking for bicycles shall be provided on site and shall be well-lit areas as near to the building or facility entrance as possible but not more than fi fty (50) feet away. DESIGN GUIDELINES • Bicycle parking should be encouraged near RTD bus stops to facilitate multi-modal transportation. • Bicycle parking facilities should be safely accessible from streets and multi-use trails. • Where possible, bicycle parking areas should utilize already existing weather protected areas such as building overhangs. • Bicycle parking facilities should include provisions for storage and locking of bicycles in secure racks, or equivalent installation, in which the user may lock both the bicycle frame and wheels to the rack. Bicycle parking Bicycle parking Bicycle parking CLEAR CREEK CROSSING54 2.7 Service & Loading Areas DESIGN INTENT • Minimize visibility and impact of service areas by locating parking and service access away from primary building access points, and pedestrian activity areas, providing screening as necessary. • Eliminate confl icts between service areas, on-site vehicular circulation and pedestrian connections. • Provide clean, safe and functional service areas behind buildings. DESIGN STANDARDS • Loading shall not occur from any public street, major interior drive, nor occupy or intrude into any fi re lane or required parking spaces. Where possible, loading docks must be located on the site so as not to be viewed from major roads, access ways, or residentially zoned property. • On-site loading shall not be located near pedestrian-use areas such as sidewalks, plazas, or open spaces. • Service and delivery activities shall be separated from primary building access points and shall be screened from the public view and avoided along the street. • Suffi cient loading and maneuvering space shall be provided for trucks and other service vehicles. • Locate service areas and associated equipment (i.e. dumpsters, loading docks) away from residential zones, to limit smell and visual disturbance. • Service areas that are visible from public/private streets will be screened from view with walls matching the architectural character of the building to which it is attached, or through extensive landscaping. • 8’-0” Max. height for screen wall. • Trash dumpsters shall be shielded from view by solid screen walls with a gate or door at least 6’-0” in height, creating a trash enclosure. • Trash dumpsters may not project above the trash enclosure. • Trash enclosures may not be located within fi ve feet of windows, doors, combustible walls or roof eaves. • Trash enclosures may not be located between the building and street unless screened from visibility. DESIGN GUIDELINES • Combining multi-tenant trash receptacles and service areas is encouraged to maximize operations effi ciency and minimize obstacles in pedestrian zones. • Screen walls and trash enclosures should be similar in design and materials within the various Planning Areas. Trash enclosure screening Minimize visibility of service areas Solid screening DESIGN PATTERN BOOK 55 2.8 Fencing & Screening DESIGN INTENT • Minimize the visual presence of off-street service functions, such as deliveries and refuse pick up, by locating service areas away from primary public points. • Screen or buffer service areas, refuse containers and mechanical/utility equipment from views from streets, open spaces and adjacent properties. • Provide security for private and common spaces not open to the general public. DESIGN STANDARDS • Service and delivery facilities and utility appurtenances such as gas meters, transformers, and switch gear shall be separated from the primary public building entries and shall be screened if visible from the public right-of-way. • All fencing must exhibit a high quality design and construction refl ecting the architectural character, color and material of the building or buildings to which it is attached or directly related. • Screening enclosures for refuse container and service areas shall be consistent with building architecture and shall utilize similar materials. • Screen walls and fences shall be a minimum of one foot higher than the object being screened, but not more than eight feet high on all sides where access is not needed. • An opaque metal gate shall be included where required for complete screening. • All fences and railings must be securely fastened in place in pavement or footings. • Pool enclosure fence = 60” minimum height. DESIGN GUIDELINES • Where topography or building forms create special conditions, screen wall height, and / or location requirements may be modifi ed. • Where building form or architecture suggests that ancillary structures or walls contrast with the primary building, fences and screen walls may differ in design and materials from the primary building. • Fencing may be combined with low walls for enhanced design. • When possible, equipment screens should be placed back from building edges so as to not negatively affect building mass and scale. • Fencing and walls in the commercial, retail and high density residential areas of Clear Creek Crossing should be as minimal as possible. • The height of fences and walls may vary depending on the purpose and location. Where pedestrian access needs to be limited, a fence or wall as high as 4 feet may be used. Where a parking lot screen is required, the fences or walls may be as low as 3 feet. Where a fence, wall or railing provides a safe barrier between severe grade changes, a minimum height of 42 inches must be provided. Screen Wall Screen Wall Site Fencing Screen Wall CLEAR CREEK CROSSING56 2.9 Walls DESIGN INTENT • Walls, particularly in visible areas, will incorporate or give the appearance of fi eld stone and natural stone to create an agrarian feel. • Wall design, particularly in areas adjacent to ROW, should incorporate color and materials to complement the architecture and provide a unifying element throughout the Project. • Wall types will vary depending on visibility from the R.O.W. • Highly visible walls in pedestrian areas should be designed with materials for the pedestrian scale. DESIGN STANDARDS • Walls shall meet City of Wheat Ridge minimum standards as refl ected in the Architectural and Site Design Manual. • Large retaining walls where hidden from view can be MSE type walls. • Incorporate tiering of walls where possible and provide planting area between tiered wall partitions. • Select materials for high quality and durability. • Where segmental block walls are used, the masonry units shall have multiple sizes, textures, or a randomized pattern to add interest. • Provide blended color throughout block selection to be visually appealing. DESIGN GUIDELINES • Emphasize raw material in gathering areas. May include board formed concrete or gabion type walls. • Utilize landscape design to screen retaining walls where visible from the ROW. • Walls visible from the R.O.W. should have an enhanced fi nish similar to fi eld stone or natural stone and may include faux stone products. GabionBoard Form Segment Block MSE Natural Stone DESIGN PATTERN BOOK 57 2.10 Plaza & Gathering Areas DESIGN INTENT • Provide spaces that are open and inviting to the public, which serve as areas for relaxation and community interaction, and create variety and interest in the public realm. • Allow for spaces adjacent to building and public rights-of-way than can accommodate special amenities such as café seating, public art, water features, and planters. • Design spaces that can accommodate high levels of pedestrian use. • Create a comfortable night ambiance in publicly accessible open space and plazas utilizing adequate light levels to achieve safety and effi cient wayfi nding. • Provide multi-functional spaces that can accommodate special events and functions. DESIGN STANDARDS • Plaza/gathering areas shall be required in PA1, PA3, and PA6 only. • Plaza/gathering areas shall provide a minimum of 5,000 square feet within each Planning Area; designated plaza/gathering areas may be divided into up to fi ve (5) non-contiguous locations within each Planning Area, as required. • Locate plazas and gathering areas for high visibility and public safety. • Each plaza shall provide at least one (1) tree for every 1000 square feet of plaza area. • A minimum of 15% of the plaza shall be composed of planting materials (grass, ground covers, planting beds, etc.) • Deciduous shade trees shall be provided near seating areas. • Lighting shall be designed to illuminate pedestrian pathways and provide for human safety and security. • Paving materials shall incorporate colored, patterned or decorative concrete, crusher fi nes, brick or stone pavers, exposed aggregates and/or other decorative fi nish elements. • At least two of each of the following design elements shall be incorporated in the Homestead, Mill, Vineyard and Harvest Districts: • Plazas or courtyards that contain open eating areas, landscaping, and/or fountains. Where possible, buildings should be placed to enclose these spaces on three sides. These areas shall count toward the minimum required landscaped area established in Chapter 26 of the Code of Laws. • Pedestrian activities such as seating areas, arcades, bike racks, benches and seat walls should be placed on site, close to building entrances. • For multi-family residential properties, open space shall incorporate amenities for play or congregation. Acceptable amenities include play structures, picnic tables, benches, community gardens, doggie yard or sporting area/fi elds. DESIGN GUIDELINES • Design of plazas should take into consideration ease of maintenance and snow removal. • Paving/hardscape should be considered as the primary surface treatment, with landscaping and or turf as secondary surface treatments. • Where possible, permeable paving or landscaping should be used to reduce water run off on site. • Trash receptacles should not be placed immediately adjacent to benches or other seating areas. • Other amenities, such as water features, public art, power outlets, and drinking fountains, should be incorporated into a plaza. • Plaza standards may be modifi ed for special plaza conditions, confi gurations, functions or size. • Plazas should be oriented to take advantage of views and sun exposure. • Plazas should feature entrances to retail spaces along their perimeter where possible to activate the space. • Keep lighting fi xtures at a pedestrian scale. Light bollards, step, and walkway lights are encouraged. Plazas and gathering areas CLEAR CREEK CROSSING58 2.11 Open Space & Views DESIGN INTENT • Open space should feature high-quality amenities and encourage pedestrian activity. • In site planning, emphasize views toward the foothills and other prominent natural features around the site including Clear Creek. • Public areas and landscape features should embrace scenic view corridors unique to the Project’s location. DESIGN STANDARDS • Site planning, landscape design and building orientation as well as placement shall respect the site’s natural beauty as well as existing view corridors. • Site planning shall require pedestrian connections from the planning areas to points of accessibility to the multi-use trail system, whether direct of indirect. • Detention areas may be used as open space, provided that they are designed to be usable and do not allow standing water. • Multi-use trails, not included in rights-of-way, may be used as open space. DESIGN GUIDELINES • All open spaces should be designed with quality hardscape and planting materials. Ornamental trees and other plantings that provide seasonal interest are encouraged. • Open spaces should be oriented to take advantage of views and sunlight; where possible, open spaces should connect visually and physically to adjacent sidewalks and multi-use trails. • Rooftop amenities and patios are encouraged to maximize opportunities for the enjoyment of scenic views of both the mountains and the creek. Site Views Multi-use trail Site Views DESIGN PATTERN BOOK 59 2.12 Public Art DESIGN INTENT • Engage the City’s diverse communities by creating collaborations between artists and community members to achieve works of artistic excellence. • Creatively express the memory, values, traditions, customs or aspirations of community members. • Support the opportunity for public art to respond to the character and history of particular places. • Use public art and the public input process to promote a sense of unity among various groups within a community. DESIGN STANDARDS • Exterior art may be in the form of sculptures, statues, paintings or fountains. Art should be located where it is visible from the public right-of-way or in a prominent location in a public plaza. • Public Art is required in the Mill, Vineyard and Harvest Districts (Planning Areas 1,3, and 6). • All Public Art shall be submitted to the Design Review Process of the ACC. • All Public Art installations shall be approved by the City of Wheat Ridge Cultural Commission. • The ACC will interview and approve the artists for these amenities. DESIGN GUIDELINES • Locate artwork in public plazas near major entries or where otherwise visible and accessible for public enjoyment. • The provision of public art is encouraged and may be functional or purely an art form. • Public art should be considered a complement to other amenities in plazas, private amenity zones, public amenity zones or other public areas. • Public art should not compete with or detract from buildings or storefronts, nor should it obstruct pedestrian walkways or vehicular traffi c. • Public Art may include but is not limited to: sculpture, two-dimensional works, wall murals and graphics, hardscape, towers, landscape and water features. Art installations should be constructed of durable and maintainable materials such as stone or metal. • Public Art shall be encouraged in any of the Planning Areas where it is not required, with exception of PA-4. • Proposed public art should represent a reasonable investment relative to the scale of the development within the Planning Area. Sculptural art Mural Sculptural art CLEAR CREEK CROSSING60 DESIGN PATTERN BOOK 61 3.0 - BUILDING DESIGN CLEAR CREEK CROSSING62 3.1 Building Form, Height, and Massing DESIGN INTENT • Create building forms that are consistent with the Agrarian style of architecture defi ned in the Clear Creek Crossing Vision Book. • Provide for continuity between the Districts and varied building types. • Form the building edges that reinforce pedestrian activity and create a sense of place. • Enhance corners and facades of buildings with architectural elements that support their function as ‘gateway’ buildings as well as providing iconic features throught the Project. • Provide visual interest at pedestrian levels, reduce the bulk of large buildings and use architectural features and materials to refl ect the Project’s character. • Create buildings with mass and form that provide a human-scale relationship between structures, streets and open spaces/plazas. DESIGN STANDARDS • Buildings shall use a graduation of the building height and mass through modulation of the building form. • Roof forms longer than 100’ shall be broken with a vertical change of not less than 2’ in height. • Building masses shall provide a clear delineation of entries through the use of varied building forms and roof elements. • The base of buildings shall provide visual mass utilizing a variety of materials that grounds the building and ties it into the Agrarian theme of the Project. • Buildings shall utilize forms (such as corner elements, protruded or recessed bays, changes of materials or, expressed structural elements), to transition between higher and lower buildings. • Architectural features such as corners or tower elements shall be 4 sided elements and clearly be differentiated at the parapet line if all sides are visible from a primary public right of way. • Architectural details shall occur on all four sides of the building to reduce the back of house appearance. • Roof forms and parapet heights should be varied, and where appropriate, should emphasize the facade articulation and variation of building materials. Roof forms over 50 linear feet shall incorporate at least two of the following: • Changes in roof or parapet height • Decorative cornice or eave treatment • Differentiation in material and/or color • Changes in roof type, such as hipped or gabled roofl ines and modulated fl at roof lines. Varied roof form Agrarian forms Clear delineation of building entries Creating a sense of place DESIGN GUIDELINES • EIFS may be used as a material for roof top screening or enclosures. • Consider views from neighboring buildings in the design and enclosure of rooftop equipment. • Consider the possibility of rooftop patios, green roofs, or decorative ballast on fl at roofs. • Encourage rooftop activation that captures scenic views of the mountains and Clear Creek. DESIGN PATTERN BOOK 63 3.2 Pedestrian Oriented Design DESIGN INTENT • Use the location of building walls to defi ne pedestrian areas and streetscapes at a human scale. • Reinforce pedestrian activity and create a pedestrian- friendly environment. • Create continuity of edges to articulate the pedestrian walking zone. DESIGN STANDARDS • Ground fl oors along primary pedestrian routes shall be given extra attention to achieve a higher level of architecture, by using pedestrian scaled facades. • Overhanging elements shall be a minimum of 10-ft above the sidewalks except for signage. • Overhanging pendant/blade signs and awnings may extend as low as 8-ft. • A variety of large overhangs, projecting roof forms, extension of entries or overhead trellises shall be encouraged in pedestrian areas to provide cover and visual interest to the public areas. • High Quality durable building materials shall be used in major pedestrian areas. • Special attention is required to manage rain water, snow melt, etc. in pedestrian areas in order to mitigate hazards, damage and nuisances in these areas. DESIGN GUIDELINES • Canopies, awnings, blade signs, balconies, and other architectural elements may overhang and extend from buildings, creating shade, amenities and pedestrian scale signage in order to activate buildings and encourage pedestrian traffi c close to buildings. Activate pedestrian zones Outdoor seating Sculptural design in pedestrian zones Durable materials Pedestrian scale environment CLEAR CREEK CROSSING64 3.3 Variety and Scale DESIGN INTENT • Create buildings that provide visual interest and variety. • Create buildings that provide human scale in the lower portions of the public facing facades. • Create buildings that are contextual with the Districts and transition well to adjacent Districts. • Take advantage of view corridors into the site, using a variety and a range of building scale to pique curiosity of traffi c on adjacent highways and freeways. DESIGN STANDARDS • Buildings shall be designed to accommodate human scale, providing interest and variety, using the following: • Expression of architectural or structural modules. • Varied window sizes, shapes, and patterns pertaining to visible/logical changes in massing and/or function. • Varied shadow patterns using Projecting architectural elements. • Variation of material modules, joints and connection details, surface relief, color and texture. • Building form such as recessed or Projecting bays or balconies, contrasting shapes, or changes in basic modules • Emphasis of building entries or important corners through Projecting or recessed forms, detail, color or materials, or windows/glazing. • Facades or forms of a building that face the pedestrian or open space shall receive a high level of design attention and detailing, using materials consistent with Clear Creek Crossing Building Design Standards. • Breaking up long building facades is required. Maximum length of blank wall along pedestrian zone is 20 horizontal feet DESIGN GUIDELINES • Portions of the street-facing facade that are stepped back from the facade should be allowed greater simplicity in façade detailing and scale. • Buildings that are immediately adjacent to residential neighborhoods should minimize the impact of building height, shadow and sun exposure on adjacent properties. • Buildings closest to major highways should embrace scale as an opportunity to mirror the intensity of nearby traffi c, whereas buildings closer to pedestrian routes should scale to a more human level in design of architectural elements. Use of varied materials Projecting architectural elements Modern Agrarian aesthetic Creative use of materials and signage DESIGN PATTERN BOOK 65 3.4 Building Facades DESIGN INTENT • Emphasize important elements, and attract interest in buildings along primary view corridors. • As the physical constraints of the site allow, shape the location of building walls to defi ne and contain the street space in a way that reinforces pedestrian activity and creates a coherent “place”. • Provide human-scaled architectural elements through changes in plane, material, texture and detail. • Moderate scale changes between adjacent buildings. • Take advantage of opportunities to enhance the arrival experience, terminate vistas, and identify building entries. DESIGN STANDARDS • All building facades visible from a street or public space shall provide a level of fi nished architectural quality and be designed to the human scale. Each facade that is visible from a street or public space shall incorporate at least three of the following elements: • Reveals • Belt courses • Cornices • Deep overhangs a minimum of 3 feet in depth • Expression of a structural or architectural repeating element of at least one foot in depth • Recessed windows and/or storefronts • Color and/or texture differences • Articulation of windows and doorways, which may include sills, mullions, or pilasters that create a three-dimensional expression • When changes in plane and material occur, materials shall return to the inside corner of the projecting element. • For buildings taller than one story or setback 20 feet or more from the street, changes in plane depth to achieve facade articulation should be greater than one foot. • Each facade that faces a street or public space shall have at least one variation in plane depth, a minimum of one foot for every 50 linear feet of the length of the facade. Non-permanent features such as canopies or awnings will not qualify as variation. Plane depth variation may be accomplished through elements such as: • Upper level stepbacks • Dormers • Recessed entries • Porticos • Recessed windows and/or storefronts • Offset in the general plane of the facade including columns, pilasters, protruding bays, reveals, fi ns, ribs, balconies, cornices or eaves. • Building parapet heights shall be varied and provide vertical relief to the parapet line. Parapet changes should be proportionate to the building element that it refl ects; at a minimum there must be at least of (1) foot in height in difference from the adjacent parapet. • For facades longer than 200 feet, at least one major identifying feature shall be incorporated into the building design. This feature shall be one of the following or a similar feature that creates visual interest: cupola, rotunda, spire, dome or clock. • Base elements shall not exceed two stories in height unless overall height of the building form and massing dictate a taller base. • Base elements shall be detailed to enhance the architectural character of the streetscape and provide pedestrian friendly scale. • Provide appropriate building accent lighting above street level to highlight architectural elements. DESIGN GUIDELINES • Large areas of undifferentiated or blank building facades should be avoided. • Where buildings have base, middle, and top, fl oor lines in buildings should be articulated, helping to differentiate each layer. • Scaling elements and details should be integral with the building form and construction, not a thinly applied façade. • Variation in building scaling and detail should relate to the scale and function of pedestrian-active uses along the facade, creating human-scale design to support entrances, plazas, patios and amenity areas. • Both horizontal and vertical architectural scaling patterns should be used. Varied treatment of adjacent facades Enhanced arrival experience CLEAR CREEK CROSSING66 3.5 Building Transparency DESIGN INTENT • In Districts with commercial uses provide glazing on the ground fl oor that increases the visibility of active uses or goods. • Create a pedestrian-friendly street environment and encourage visitors to walk between multiple destinations within the Project. • Reveal the activity of the building to the pedestrian, to activate and secure the street. DESIGN STANDARDS • Ground fl oor transparency shall be measured by the length of transparent area between 0 feet and 10 feet above fi nish fl oor divided by the total length of that same building facade. • Windows used to meet the transparency requirements shall comply with the following standards: • Windows shall be a minimum of 5 feet in vertical dimension. • Window glazing shall be clear and shall transmit at least 65% of the visible daylight. • There shall be no refl ective coatings on the fi rst surface of the glass. • Open display of individual merchandise is permitted. • Where operationally required for screening of utility spaces such as kitchens, stock rooms, offi ces, etc. of commercial uses, use of graphic window coverings shall be permitted including vinyl decals or other artistic screening materials. DESIGN GUIDELINES • A variety of glass types may be used at or above the ground fl oor, such as translucent glass, etched glass, glass block, acrylic channel glass, as long as the minimum transparency standards are met. • Operable openings that integrate indoor and outdoor spaces are encouraged where uses permit and is relevant to the building use. • Opaque glass or spandrel glass may be used but may not be counted towards meeting the minimum percentage for transparency. • Low-E coating are encouraged on the second and third surfaces to provide greater energy conservation. • Sun screens and shades are encouraged as long as they don’t signifi cantly obstruct views through the windows. • A lower ratio of transparency to opacity may be allowed on the upper fl oors of buildings if additional architectural treatments are provided. • Retail or restaurant uses: Where a retail or restaurant use occupies the ground fl oor, the facade facing the primary street shall be at least 60% transparent. All other facades facing a street or public space shall be at least 30% transparent. • All other residential uses (excluding retail/restaurant): The facade facing the primary street shall be at least 40% transparent. All other facades facing a street or public space shall be at least 25% transparent. • Residential uses: Where a residential use occupies the ground fl oor, windows shall be provided where appropriate to create visual interest, while also balancing the need for residents’ privacy. • Transparency shall be calculated as the percentage of clear, non-refl ective glass within the area between three (3) feet and eight (8) feet above the fi rst fl oor fi nished elevation. • Transparent doors and window mullions shall count as transparent area. • Structural elements and opaque or refl ective glass shall not be counted as transparent area. • Glass display cases may count toward transparent area if they give the appearance of windows and are maintained with items of interest, including window display graphics that do not include advertisements. • For retail or restaurant uses on corner lots, the minimum transparency required for the primary street facade may be transferred to the secondary street facade provided that the primary street transparency is not less than 30%. Ground fl oor transparency Ground fl oor transparency Window display graphic DESIGN PATTERN BOOK 67 3.6 Building Entries DESIGN INTENT • Visually emphasize the major entry or entries to a building or ground fl oor use. • Provide convenient access to buildings from streets, drives and pedestrian corridors. • Enhance the scale, activity, and function of the public streets. • Promote the convenience of pedestrian activity and circulation along the street by creating external, street-oriented entries. DESIGN STANDARDS • Buildings shall provide at least one primary building entry oriented to or visible from a public right-of-way. A corner building may combine two required entrances in one “corner entrance”. • Street oriented building entries shall be directly connected to the public sidewalk by a paved walk, stair or ramp. • The primary entry of each building shall be emphasized through at least two of the following: • Changes in the wall plane or building massing • Differentiation in material and/or color • Higher level of detail • Enhanced lighting • Greater amount of transparency • The following are standard acceptable entrance types: • Flush: An entrance on the same plane as the subject building facade. • Recessed Entrance: An entrance inset behind the plane of the subject building facade by no more than 10 feet. • Corner Entrance: An angled or rounded street-facing entrance located on the corner of a building 45 degrees to the intersecting streets. DESIGN GUIDELINES • Primary entries that are located on the side of a building may be allowed so long as they are visible from the public right-of-way and are directly connected to the public sidewalk by a paved walk, stair, or ramp. • Where parking is located internal to the site, multiple building entries are encouraged to allow direct access to the buildings. Recessed entrance Change in material Greater amount of transparency CLEAR CREEK CROSSING68 3.7 Awnings and Canopies DESIGN INTENT • Create clear identifi able entry points for specifi c users. • Enhance the pedestrian-oriented design and attractiveness, adding visual interest. • Enhance the pedestrian environment, reinforce building patterns and rhythms. • Create shade and comfort on the sidewalks. DESIGN STANDARDS • Generally, awnings shall be cantilevered from the building face to keep the sidewalk as clear and unobstructed as possible. • Awnings shall be an integral part of the architectural design of the building to which they are attached and shall be compatible with the building. • No back lit awnings shall be permitted. • Awnings shall be durable and designed with high quality materials. DESIGN GUIDELINES • Awnings should be unique, creative and pedestrian in scale. • Awnings should be consistent with and relate to the facade of the building. • Awnings should be durable and designed with high quality materials. • Awnings should be positioned so that signage is not obstructed. Cantilevered details Unique materiality Provide shade in pedestrian zones Modern Agrarian aesthetic Identifi able entries DESIGN PATTERN BOOK 69 3.8 Parking Structures DESIGN INTENT • Mitigate the visual impact from parking garages onto public streets, open spaces and residential units such as glare of vehicle headlights, and the light trespass of internal lighting. • Create parking structures with signage that clearly identify parking opportunities and fi t within the context of the District. • Provide ground fl oor pedestrian-active fenestration within parking garage facades that adjoin a public street or open space. • Avoid large areas of undifferentiated or blank walls along public streets or open spaces. DESIGN STANDARDS • Spandrel panels, decorative panels or walls shall be at least 3 foot 6 inches high in order to conceal the headlights of parked cars from pedestrians on the opposite side of the street. • Rooftop parking deck lighting shall be limited to 20 feet in height, and shall be low cut-off type fi xtures. • Parking structures that front on public streets, shall include retail, commercial, or offi ce on 40% of the ground level. • Enhanced architecture with upgraded materials shall be required on fi rst fl oor (minimum). • Parking garage facades oriented to public streets shall include a minimum of three (3) architectural elements that provide variety and human scale, such as the following: • Expression of building structure; • Differing patterns or sizes of openings. • Changes in plane of walls. • Changes in material, pattern or color. • Expression of material or cladding system modules; • Joint patterns and attachment details. • Signs, art or ornament graphics integral with the building. • Quality, durable materials with smaller scaled modules, patterns, or textures. • Concealment of the parking garage interior at the street or aggregated open space-facing ground fl oor level. DESIGN GUIDELINES • Encourage parking garage facades adjoining public pedestrian areas to be partially or wholly concealed behind a building structure that can accommodate other active uses such as commercial, institutional or residential. • When public garages occur along major street frontages, ground fl oor activation/uses should be implemented. • Architectural and/or pedestrian active use standards for a parking garage may be waived if planned future building phases conceal the parking garage or add further building elements that provide pedestrian active uses or architectural interest to it. • Where it is impractical due to depth or slope to include ground fl oor activation or to conceal the garage behind other street facing uses, the architectural treatment of the street facing garage façade, especially the ground fl oor, should be fenestrated or screened for variety and human scale. Durable materials Durable materials Durable materials Durable materials CLEAR CREEK CROSSING70 3.9 Roof Top Design DESIGN INTENT • Reduce the visual clutter of rooftop equipment as seen from the street. • Reduce equipment noise impacts onto adjacent residential uses. • Incorporate rooftop screening elements into the architectural design of the building. DESIGN STANDARDS • Roof mounted mechanical, electrical and communication equipment that is visible from public streets, adjacent to residential uses or open spaces shall be screened from public view. • Rooftop design shall be designed either to be unobtrusive or subordinate to the building’s form and façade architecture, or should be designed to complete the building’s architectural expression. • Sloped roofs are acceptable. If asphalt shingles are used they must be high quality architectural shingles. • Rooftop equipment shall be screened via extended parapet or other compatible screening material. • Roof top patios shall not be oriented to adjacent residential properties located within 300 feet. DESIGN GUIDELINES • EIFS may be used as a material for roof top screening or enclosures. • Consider views from neighboring buildings in the design and enclosure of rooftop equipment. • Encourage rooftop activation that captures scenic views of mountains and Clear Creek including rooftop patios, green roofs or decorative ballast on fl at roofs. Rooftop views Screen wall Screened rooftop equipment DESIGN PATTERN BOOK 71 3.10.1 Multifamily - Site Planning DESIGN INTENT • Site design approach is suburban with buildings setback from the street and parking lots internal to the development, minimizing their view from surrounding street(s). • Take advantage of view corridors from the site, providing residents opportunities to enjoy adjacency to Clear Creek as well as mountain vistas to the South and West of the site. • Design site with a convenient system of travel for residents, including connections within the site as well as to adjacent street(s). DESIGN STANDARDS • Any parking lot adjacent to a public street shall be screened by a combination of a minimum 5-foot wide landscape buffer and a vertical screening device, 30” to 42” • Where a parking lot abuts a property with a residential use such as where the Mill District shares a boundary with the Homestead District, a minimum 10-foot wide landscape buffer is required between the parking lot and the adjacent property line. • On-street parking on adjacent streets may count toward minimum required visitor parking and requires approval by Public Works Department. • For multi-family residential properties, open space shall incorporate amenities for play or congregation. Acceptable amenities include play structures, picnic tables, benches, or sporting area/fi elds. DESIGN GUIDELINES • Pedestrian circulation should be incorporated into the design of each site with a network of walkways into, across, and through the site. • Parking lots should be arranged to maximize the connectivity and continuity of pedestrian walkways and minimize the distances pedestrians must travel between buildings. Wherever possible, parking lots should be placed in locations internal to the site, where they are not visible from the street. • Parking areas should be in safe, convenient locations for residents and guests. Carports and garages are encouraged for resident parking spaces. • Subject to approval of Community Development and Public Works Departments, detention areas may be used as open space. Pedestrian circulation Landscape buffers Carports CLEAR CREEK CROSSING72 DESIGN INTENT • Create building forms that are consistent with the Modern Agrarian style of architecture defi ned in the Clear Creek Crossing Vision Book – Homestead District. • Provide visual interest at pedestrian levels, reducing the bulk of large buildings through architectural detail, landscaping and site amenities. • Place buildings on the site in a way that reinforces pedestrian activity and creates a coherent place. • Relate building height and scale to neighboring properties. DESIGN STANDARDS • Facade detail: Building facades visible from a street or public space shall provide a level of fi nished architectural quality and be designed to the human scale. • Facade articulation: Each facade that faces a street or public space shall have at least one variation in plane depth, a minimum of one foot for every 50 linear feet of the length of the facade. Non-permanent features such as canopies or awnings will not qualify as variation. • Primary entrance: The primary entry of each building shall be emphasized through at least two of the following: • Changes in wall plane or building massing • Higher level of detail • Enhanced lighting • Transparency: Where a residential use occupies the ground fl oor, windows shall be provided where appropriate to create visual interest, while also balancing the need for residents’ privacy. • Fenestration: At least 25% of each facade shall contain openings such as doors, windows, or balconies. • Multiple unit entrances: For buildings with multiple exterior entrances to multiple units, each unit’s entrance shall be defi ned with recessed entrance, projecting entrance, change in height, change in material • Buildings shall be constructed of durable materials. Approved materials include, but are not limited to: • Stone • Integral colored textured concrete block • Hard coat stucco • Synthetic stone and masonry materials • Fiber Cement Siding/Panel • Material variation: All building facades visible from a street or public space shall employ differentiation in materials and/or colors • When multiple garages or carports are attached as one structure, there shall be a clear delineation between parking stalls or garages. DESIGN GUIDELINES • Roof forms and parapet heights should be varied, and where appropriate, should emphasize the facade articulation and variation of building materials. • Accessory structures such as carports, garages, and storage units should be designed to be consistent with the primary building(s) and to avoid monotonous facades. Wherever possible, garage doors should be placed so that they are not visible from the street. • Service, loading, and utility areas should be screened from view and minimize impact to surrounding properties. 3.10.2 Multifamily - Architecture Reinforce pedestrian activity Material variation Defi ned entrances Varied roof heights Material variation DESIGN PATTERN BOOK 73 CLEAR CREEK CROSSING74 DESIGN PATTERN BOOK 75 4.0 - MATERIALS CLEAR CREEK CROSSING76 4.1 Building Materials DESIGN INTENT • Utilize materials that are compatible with the modern Agrarian design aesthetic. • Encourage human-scaled buildings through the use of well-detailed and articulated materials, individually and in combination. • Use materials that convey a sense of quality, permanence and attention to detail, creating a rich variety of materials, colors and textures. • Use materials that support a more sustainable environment. • Ensure that building facades are visually active and are appropriately scaled through the use of varied architectural details, materials, textures and colors. • Use of materials to create continuity between buildings and Districts. DESIGN STANDARDS • Buildings shall be comprised of materials from the Agrarian Materials Palette consisting of Primary and Secondary Materials. • Alternative materials are allowed but are required to be submitted by the applicant as such, subject to ACC and City of Wheat Ridge approval. • Materials shall be selected with the objectives of quality and durability appropriate to the development. • Building color schemes shall tie building elements together, relate separate buildings to each other, and shall be used to enhance the architectural form and character of the building. • Intense bright or fl orescent colors shall be limited in use, as accents or to create brand identify and shall not be the predominate color on any wall or roof of a building. • Primary materials shall consist of more than 50% of the overall buildings material palette. • Primary materials shall be focused in areas where public interaction and visibility is more prominent. • Secondary materials shall be utilized in non-pedestrian areas or areas that are less visible from public view. • Buildings should incorporate at a minimum of (3) primary materials. • Facades at street level that are adjacent to the public right-of-way, private streets or sidewalks shall be constructed of material that is durable and appropriate to pedestrian contact. • EIFS is not allowed at ground level or adjacent to primary pedestrian activity areas without appropriate hard surface material treatment to protect lower portion of wall. DESIGN GUIDELINES • Building colors should utilize earth and other natural tones as found in the surrounding environment as their primary consideration. • Building materials at the pedestrian level should respond to the character of the streetscape environment through scale, texture, color and detail. • In selecting materials, consideration should be given to ongoing maintenance and vandalism. • Natural wood siding or an equivalent synthetic product should be considered for use in areas as accent features on the buildings. • Building materials should incorporate new technologies and materials when possible in order to promote sustainability and energy resource responsibility. Accent stone Modern Agrarian materials Mix of materials DESIGN PATTERN BOOK 77 PRIMARY BUILDING MATERIALS: A. STONE: A variety of stone options are available throughout the Project. The three primary stone options shall be the following: • Field Stone: Large random sized shapes laid in a random pattern. • Coursed Stone: Varied sizes of cut and tumbled stone with natural face features laid in an ashlar coursing. • Cut Stone: Regular sized stone modules laid in traditional masonry patterns, i.e. running bond, stacked bond, etc. B. METAL: A variety of metal options are available through the Project. Colors are to be consistent with the overall Project. Bright colors are discouraged and shall not make up more than 20% of the building’s surface area. • Natural copper, rust colored, bronze or zinc fi nishes having self-healing patinas are preferred over painted fi nishes. • The three primary metal panel options are the following: a. Standing Seam: Metal panels that utilizes a raised seam in a regular pattern or spacing. b. Ribbed or Corrugated: Metal panels that have curved or ribbed linear patterns. c. Flat Panel: Metal panels that have a fl at surface and utilize dry or wet sealed joints in rhythmic or random patterns for articulation. C. WOOD: A variety of wood products are available through the Project: The three primary wood fi nishes are the following: • Board and Batten: Flat panel • Pre-fi nished or painted wood panels with protruding vertical smaller wood strips creating a regular vertical pattern. • Cedar Siding: Natural rough sawn or milled cedar lap siding with overlapping or fl ush joints. May be installed in vertical or horizontal patters and can be used on vertical or horizontal surfaces. • Reclaimed Wood or Barnwood: Wood that has been reclaimed and has a natural aged aesthetic. • Additional Wood Note: Synthetic or Alternative wood options may be utilized in lieu of natural wood if it is deemed to be unfi t for the application but the desired look is to mimic or represent a wood product.. D. FIBER CEMENT PANELS: Acceptable material. Colors and textures to be complementary to overall development. E. GLASS: All glass or glazing is considered a primary building material and counts towards the overall building materials percentage. F. ARCHITECTURAL PRECAST & DECORATIVE STONE ELEMENTS: Include caps, lintels, cornices. All aforementioned are acceptable. Colors shall be complementary to overall Project. SECONDARY BUILDING MATERIALS: A. COLORED AND TEXTURED CONCRETE MASONRY UNITS (CMU): Standard gray colored CMU is NOT acceptable, unless covered by another building fi nish material. Split faced or honed CMU must be used as the primary element when exposed to view. CMU shall not be painted except where not visible from public streets or walkways. B. MASONRY BRICK: Acceptable material. Colors and textures to be complementary to overall development. Design and detail is to be varied and interesting and not portray a neo traditional or faux historic character. Shall not be painted unless requested and approved by the Community Development Director. C. STUCCO: Acceptable material. Generally discouraged at the bases of buildings and adjacent to pedestrian walkways. Should have natural stone aggregates and texture. Standard sand or quartzputz textures are prohibited. Break up large components and fascias through the use of joints and changes in plane and color to maintain scale of the facade. D. EIFS: Allowed on the ground fl oor, street facing facades directly abutting the R.O.W. in a limited amount (20%) and should only be used as ornamental details such as parapet caps, cornices, belt courses, window details, etc. • Allowed material in non-pedestrian areas such as loading areas and internal courtyards not visible from public view. • Allowed on the upper fl oors (2nd Floor and above) on all building types but may not exceed 75% of the façade material including windows and fenestration. • If located on the ground fl oor in any location of a building shall have a masonry or stone base provided as a water table feature. • In limited applications EIFS or Synthetic Stucco may be used as a primary building materials that exceeds the above requirements at the discretion of the ACC and the City of Wheat Ridge’s Planning Director’s approval. • EIFS reveals are required to break up big fi elds of EIFS walls. 4.2 Building Material Types Mix of materials Mix of materials CLEAR CREEK CROSSING78 DESIGN PATTERN BOOK 79 5.0 - LANDSCAPE CLEAR CREEK CROSSING80 5.1 General Landscape Design DESIGN INTENT • Obtain landscape design inspiration from native regions proximate to the site as well as from the site’s rich cultural history. • Complement the overall modern agrarian design theme with landscape design through use of consistent patterns, texture, and form. • Provide seasonal interest and visual enhancement of the Project. • Create an overall landscape design that is ecologically sensitive, demanding fewer resources than a typical landscape. • Promote diversity of tree and plant material, while maintaining sustainable, water-wise, and low maintenance landscape approaches. • Utilize landscape to enhance site user experience by emphasizing views, providing screening, and offering a comfortable experience in outdoor spaces throughout the Project. • Promote a walkable, pedestrian friendly site utilizing landscape design to enhance the site experience. • Improve the appearance of surface parking areas with landscape that complements without creating hindrances. • The metropolitan district will maintain and install 40th Avenue and Clear Creek Drive Right of Way landscaping on both sides of the road, with the exception of the Coors frontage along Clear Creek Drive. DESIGN STANDARDS • The Project shall meet the City of Wheat Ridge Landscape Regulations as referenced in the Code or Ordinances, Chapter 26-502. • The Project shall utilize the concepts of water-wise and xeriscape landscaping as a means to water conservation in a semi-arid climate. • Specifi ed plant materials shall meet industry standards and City requirements and be suited to the environment. • Landscape and irrigation design shall reduce the impact of drought on landscape and provide for effi cient water usage. • All landscaped areas shall be irrigated with an underground automatic irrigation system. All new irrigation systems shall utilize automatic rain shut-off technology. • Artifi cial turf or artifi cial plants are not allowed. • Reference the recommended plant list in Appendix C. Final plant selection to be reviewed at time of specifi c plan review. DESIGN GUIDELINES • Use plants with more naturalized form in the buffers and open spaces throughout the Project, whereas planting selection for central gathering spaces should complement the form and architecture of the surrounding buildings and amenities. • Select trees, shrubs and perennials for their hardiness and demonstrated success in this semi-arid environment. • Encourage lower water use turf grasses in select locations. In high visibility areas, manicured turf or ground cover should be used to maintain a well-kept appearance. In other areas, native and/or adapted grass plantings may grow to maintain a naturalized appearance. • Utilize high effi ciency irrigation systems capable of adjusting water application according to plant’s needs. • Inconspicuous landscape lighting shall be provided to enhance landscape features. • General landscape design, including the location of landscape areas, their type, form and materials, should aim to control erosion and prevent sedimentation in municipal water drainage systems. Seasonal landscaping Agrarian aesthetic DESIGN PATTERN BOOK 81 5.2 Landscape Design Within Districts DESIGN INTENT • Emphasize the modern agrarian design theme as a commonality among all Districts. • Coordinate the landscape design between and through the Districts including landscape areas surrounding buildings, parking lots, streetscape, plaza areas or other gathering spaces, as well as the multi-use trails, which connect to regional trail systems including Clear Creek. • Create distinct patterns within each District through plants selection and overall design while still providing cohesive elements throughout the Project that relate back to the overall theme. Use of each District’s distinct character can further drive the landscape design. Refer to the Clear Creek Crossing Vision Book precedents for District character guidance. • Provide consistent landscape elements and materials throughout the Project, while adhering to the District design direction as well as guidelines and standards for other elements outlined herein. DESIGN STANDARDS • In all Districts, any area of the lot not covered by building, parking, walkways, storage, service areas or display shall receive landscape treatment. • Within commercial zones landscaping shall not be less than 20% of the gross lot size. No more than 30% of the total landscape coverage can be manicured turf. • Within multi-family residential zones landscaping shall not be less than 30% of the gross lot size. No more than 60% of the total landscape coverage can be manicured turf. • When a use / structure is adjacent to an existing residential use, a 20 foot landscape buffer is required in addition to the required setback DESIGN GUIDELINES • Plant materials should be predominantly drought tolerant species suitable to the climate and/or native to the region. • Where substantial pedestrian traffi c and informal recreational activities are likely to occur, irrigated turf, either native or non-native, may be used so long as the overall plant palette is primarily drought tolerant. High water use turf types should be confi ned to high visibility areas, such as tree lawns, and active parks, retail/commercial building frontages. • Consider use of low water demand turf varieties such as Texas hybrid bluegrass, buffalo grass, blue grama grass, and tall fescue grass in low visibility, passive areas, and areas outside of retail/commercial building frontages. • To enhance the water quality leaving the site, water may be treated with water quality ponds or swales where appropriate. Water quality ponds or swales should be designed with the naturalized landscape strategy in mind. Agrarian aesthetic Agrarian aesthetic Design cues from site and site history CLEAR CREEK CROSSING82 5.3 Trees, Shrubs & Plants DESIGN INTENT • Convey a strong connection to agrarian land patterns as a design theme through landscape planting design. • Maintain both variety and distinct geometry in the landscape to recall cultivated land. Maintain strong year-round form in landscape design utilizing variety within landscape layout and plant selection. • Plant massings and monocultures can contribute to communicating the agrarian design theme. However, large plant massings should be designed in a way that can accommodate plant life cycles or disease within a species without detracting from the overall landscape appearance and character. • Provide seasonal interest and visual enhancement of the Project. • Utilize landscape design to add value to the community while maintaining sustainable, water-wise, and low maintenance landscape approaches. DESIGN STANDARDS • Specifi ed plant materials shall meet industry standards and City requirements and be suited to an urban environment. • Artifi cial turf or artifi cial plants are not allowed. • All new plantings shall meet these minimum size requirements: • Deciduous Trees: 2-inch caliper • Ornamental Trees: 2-inch caliper • Evergreen and coniferous trees: 6-feet tall • Shrubs: #5 container • Vines, perennials, and ornamental grasses: #1 container • Mass Ground covers: #1 container • Street trees, whether on public or private property, shall conform to the plant list contained in the City of Wheat Ridge Streetscape Design Manual. • Deciduous trees in key public gathering areas shall be up-sized to 2.5” caliper. • Reference the recommended plant list in Appendix C. Final plant selection to be reviewed at time of specifi c plan review. DESIGN GUIDELINES • Strong patterning in landscape layout is encouraged throughout the project to communicate the agrarian design theme. Design form should emphasize simple lines and agricultural character. • To ensure the landscape design provides an appealing and low-maintenance result, avoid over-use of a single plant species or excessively large mono-culture plant groupings. Evergreen and deciduous plants, as well as cool and warm season grasses should be mixed with enough variety to provide seasonal interest and visual enhancement. • Select trees and other plant materials that are drought tolerant and suitable to the climate or native to the region. • Natives should be given preference where appropriate. • Native plants should be used in designated natural areas and trail corridors to transition from developed areas to open space and the Clear Creek Trail. • Adapted and commonly accepted species may be used in high visibility areas. Use the recommended plant list in Appendix C as a guide for plant characteristics when selecting plants. Seasonal landscaping DESIGN PATTERN BOOK 83 5.4 Streetscapes DESIGN INTENT • Create a functional streetscape environment that unifi es the Project while providing necessary amenities to pedestrians. • Provide unique character by using cohesive plantings, street trees, and other amenities within the Project. • Create a streetscape that promotes overall pedestrian circulation in a safe manner. • Encourage pedestrian activity on the sidewalk, supporting adjacent activities such as shopping, dining, strolling and gathering. • Each District’s character should drive the landscape design, with agrarian style infl uencing elements within the streetscape. DESIGN STANDARDS • Amenity Zone shall be a minimum of 6 (six) feet in width. Reference the Wheat Ridge Streetscape Design Manual for further information on Amenity Zone design. • Trees must be provided within a required Amenity Zone, with minor adjustments for elements such as signage, light pole spacing, driveways, or required public/private utility facilities. • Street lights shall be placed as generally required by the City of Wheat Ridge standards. • Trees shall be located in tree openings that are 6’ x 10’ minimum with an understory treatment that contains either sod, ornamental grasses, perennials, shrubs or a combination thereof. • Avoid random changes in street tree species. One tree species on both sides of street shall be utilized on the same block. • Vary street tree species in logical locations to limit potential impacts from loss of a particular species. Utilize trees with similar form, color, and texture characteristics for design continuity. • Aside from trees, the R.O.W. landscape from the back-of-curb and the property line shall not exceed a height of 36” above the level of the roadway. DESIGN GUIDELINES • Active uses should be placed along the streets to encourage and enhance pedestrian circulation within Districts, and enhance overall experience. Follow industry standards to address potential public safety concerns. • Streets should be visually consistent and a have a cohesive rhythm created by street trees, plantings, furnishings, paving, and lighting. • Street furnishings, trees and amenities should occupy consistent, well defi ned amenity zones parallel to the pedestrian walking zone. • Sidewalk uses, outdoor seating, street-carts and vendors are subject to compliance with all applicable City laws and regulations, and are encouraged outside of the pedestrian walking zone. • Temporary lighting for special events and holidays is allowed and should be used for decorative purposes only. Interactive design elements Agrarian aesthetic Pedestrian scaled elements CLEAR CREEK CROSSING84 5.5 Site Furnishings DESIGN INTENT • Enhance the pedestrian experience along public rights-of-way as well as within the Districts through use of appropriate site furniture. • Provide visual cohesiveness through site furnishings that are consistent and complementary throughout the Project while also allowing for distinctive variation within each District. • Although site furniture in each District may vary, site furniture selection should achieve a recognizable agrarian style through the use of common materiality and form. • Provide necessary elements for pedestrian comfort and convenience, as well as site orderliness. • Complement the simple agrarian materiality relating to architecture, paving, walls, etc. DESIGN STANDARDS • Benches along sidewalks shall be oriented so they will not impede pedestrian movement. • A consistent standard for site furniture shall be developed before any installation is approved. • Seating shall be placed near building entrances, plazas, and gathering spaces. • Site furniture shall meet minimum City of Wheat Ridge and ADA requirements. • Placement of site furniture shall complement the overall walkability of the development. • Bicycle and scooter parking shall utilize cohesive and consistent bicycle parking fi xtures. • A minimum of one bench is suggested for every 200 feet of commercial building frontage. Benches shall be grouped where appropriate. • At least one trash and one recycling receptacle shall be located at each main building entry, common courtyard, or seating area. • Raw, simple materials such as corten steel, concrete and natural wood or wood-look shall be emphasized in furnishings to relate to the modern agrarian theme. • A simple unifi ed color palette and agrarian feel shall be maintained in site furnishing choices. DESIGN GUIDELINES • Maintenance, safety, and comfort should be considered in the selection, design and placement of site furniture. • Site furniture should be used to create public open spaces and plazas where heavy pedestrian use is anticipated. • Adequate quantities of site furniture should be implemented in all public areas, including benches, bicycle racks, and trash receptacles. • Patio seating for restaurants, coffee houses, or similar uses is encouraged. • Within plazas and gathering spaces more unique site furniture is encouraged to provide added visual interest and promote the use of these spaces. Site Furnishings Site Furnishings DESIGN PATTERN BOOK 85 5.6 Trail Furnishings DESIGN STANDARDS • Benches shall be located along the perimeter of the Trail and out of the main throughways. • Trail furnishings shall not block the minimum unobstructed pedestrian walking zones. • Simple forms emphasizing concrete, wood, and steel shall be used. Manufactured, wood-look materials are acceptable. • 42” height 3-rail fence with wire mesh shall be used where necessary for trail user safety and must be compatible with site furnishing design direction. Trail fencing shall comply with Parks & Recreation Guidelines as well as City of Wheat Ridge Code. DESIGN INTENT • Provide furnishings along the multi-use trail for comfort and convenience, as well as cleanliness. • Create visual continuity across the Project by connecting trail furnishings to the agrarian style. • Enhance the Trail with amenities to better serve those who live, work, and play nearby. • At the trailhead, provide adequate site amenities to serve a larger group of users such as parking and other facilities commonly found along the regional Clear Creek Trail. • Locate trail benches to provide respites for enjoyment of key views of surrounding natural features or points of interest. DESIGN GUIDELINES • Maintenance, safety, and comfort should be a primary consideration in the type, design, and placement of trail furniture. • Site furniture should be placed along trail in locations that have heavy pedestrian use. • Durable, high quality site furniture should be employed along the trail. • Bicycle parking for convenience of visitors to the trail should be located so that stopping at the Project to shop or dine is convenient. • Adequate quantities of site furniture should be provided in all public areas, including benches, bicycle racks, and trash receptacles. Trail Head Example Bicycle Parking Site Furnishings CLEAR CREEK CROSSING86 DESIGN PATTERN BOOK 87 6.0 - LIGHTING CLEAR CREEK CROSSING88 6.1 Street and Parking Area Lighting DESIGN STANDARDS • Provide adequate lighting for safety and security following IESNA illumination guidelines. • All exterior lights for streets, parking drives, walkways and buildings shall be LED. • Pole height shall not exceed 25 feet, including pole base height. DESIGN INTENT • Lighting design provides an opportunity to unify the Project through connectivity of fi xtures, harmonizing with the agrarian theme. • The street and parking area light fi xture design should be minimalistic with a clean appearance that diminishes visually during the day time without detracting from the overall design theme. • Streets and parking areas should be illuminated in a consistent, attractive and unobtrusive manner that minimizes light pollution, light trespass and glare. • Lighting provides an opportunity to demonstrate energy effi ciency and promote sustainability initiatives at the Project. DESIGN GUIDELINES • Parking area light fi xtures should complement the lighting of adjacent streets and properties using consistent fi xtures, LED color temperature and illumination levels. • Street lighting fi xture placement should create an organized appearance that is coordinated with the location of trees, curb cuts, signage and other design features to provide a coordinated and consistent streetscape. • Light poles should be located in a manner that provides a unifi ed, organized appearance throughout the development, with spacing that meets the lighting criteria standards, as outlined. • Accessories and banners may be included in pole and fi xture design if there is a clear connection to the overall agrarian design theme. • Lighting design should minimize light pollution, light trespass, uplight and glare. Downcast lighting LED lighting Parking Lot Lighting DESIGN PATTERN BOOK 89 6.2 Pedestrian Lighting DESIGN STANDARDS • Provide adequate lighting for safety and security following IESNA illumination guidelines. This shall include areas providing pedestrian connection to the primary multi-use trail. • All light fi xtures shall be integral LED type. • Light fi xtures and pole height shall not exceed 14 feet (this includes the pole base height). • Lighting shall be directed to the pedestrian zone avoiding glare to adjacent areas. • Lighting shall be designed to provide even and uniform light distribution. • Pedestrian light fi xture design shall be of a consistent type, color temperature and illumination levels. DESIGN INTENT • Lighting on-site will promote a safe environment in all areas. • Incorporate pedestrian lighting at a useful and appealing scale to create visual interest in public areas, plazas and on-site amenities. • Use lighting fi xtures as a design element that unifi es the Districts through connections to the modern agrarian style at the Project. DESIGN GUIDELINES • When pedestrian lighting is used on streets or in parking areas it should be distinguishable, clearly defi ning the pedestrian path of travel. • Raw, simple materials and fi nishes should be emphasized in lighting components to relate to the modern agrarian design aesthetic to complement the overall unifying theme of the Project. • Lighting within Districts should be relevant and useful, connecting to the character and use of each respective District. • Various post attachment methods may be used, but priority should be given to maintaining a cohesive look throughout the Project. • Lighting design should minimize light pollution, light trespass, uplight and glare. Streetscape lighting Pedestrian scale lighting Streetscape / Pedestrian lighting CLEAR CREEK CROSSING90 6.3 Accent Lighting DESIGN STANDARDS • Lighting shall be used to highlight entrances and other prominent architectural features to provide clear direction for both pedestrian and vehicular traffi c through the Districts. • Fixture color selection shall correlate with the material palette as well as natural color choices. Galvanized aluminum or similar finishes are also acceptable. • Simple, rustic, or plain forms shall be emphasized over ornate or decorative styles. • A unified color temperature and lamp type shall be maintained wherever possible. • Fixtures shall contain only low wattage bulbs that are not greater than fi fty lumens per bulb (equivalent to a seven watt C7 incandescent lamp); LED lamps are preferred. • Light fi xtures shall be approved by the ACC and the City of Wheat Ridge. DESIGN INTENT • Enhance night-time views of buildings with accent lighting highlighting key amenities and architectural elements. • Incorporate pedestrian lighting to enhance the building entrances and facilitate ease of circulation. • Accent lighting fixtures should enhance and unify the Districts through connection to the agrarian style of the Project. • Select accent lighting for highlighting key areas of the site as appropriate. • The accent lighting design should add to the character and aesthetic appeal of the Project. • Enhance or highlight key architectural elements and informational displays. • Accent lighting fi xture selection should enhance and unify the Districts through connection to the modern agrarian style of the Project. • The accent lighting should minimize light pollution, light trespass, uplight and glare. DESIGN GUIDELINES • Accent lighting design should minimize light pollution, light trespass, up-light and glare. • The overall scale of architectural accent lighting should be proportional to the building or structure to which the fi xture is mounted. • Public gathering areas are encouraged to utilize decorative lighting, overhead string lighting or outdoor track lighting, as long as it connects to the character and use of the District. • Low level bollards, tree accent lights, or similar accent lighting should be provided in key landscape areas for night-time interest and wayfi nding. • Holiday lighting is encouraged. Accent Lighting Selective use of accent lighting Accent lighting Accent lighting to highlight pedestrian spaces DESIGN PATTERN BOOK 91 6.4 General Light Standards and Intensity DESIGN STANDARDS • All exterior lights for streets, parking drives, walkways and buildings shall be LED (light emitting diode), casting a white light. • Full cut-off fi xtures shall be used on all exterior locations. • A photometric lighting plan is required for all Specifi c Development Plans to ensure adequate and appropriate light levels are provided for each site condition. • Light levels at the property line shall be measured as line of sight from fi ve (5) feet above the ground at the property line to the nearest and brightest light source on the property. Light plans shall refl ect the theoretical light levels at the property line using this method. • Lighting plans shall identify the light loss factors (adjustments for dirt and age of fi xture/lamp) for all types of exterior lights proposed. The specifi ed lighting levels for any use are maximums under any fi xture and are the light levels allowed without adjustments for light loss factors. • All canopy lights shall be recessed so that no lens or light source drops below the ceiling surface of the canopy. • Site lighting shall conform to the standards contained in the Lighting for Exterior Environment RP-33-99 by the Illuminating Engineering Society of North America (IESNA). DESIGN INTENT • The light intensity levels within all areas should correspond to use and potential hazards. • Lighting should provide adequate for adequate safety and security. • Lighting should not be placed to cause glare or excessive light spillage on neighboring sites. • Site lighting should provide consistent levels of illumination, avoiding pockets of very high or low levels of illumination. DESIGN GUIDELINES • Lighting shall provide uniform illumination in compliance with the following maximum levels of light fi xture illumination: Commercial and Retail Uses Minimum to Maximum* Parking Lots 1.0 to 5.0 foot-candles Driveways 1.0 to 2.0 foot-candles Property Line No Minimum to 0.10 foot-candle (line of sight) Walkways 2.0 to 2.0 foot-candles Canopy Areas / Entryways 5.0 to 5.0 foot-candles Loading Docks 5.0 to 5.0 foot-candles Bikeways, Multi-Use Trails 1.0 to 2.0 foot-candles Courts, Plazas, Terraces 1.5 to 2.0 foot-candles *Values given are a minimum average maintained horizontal, foot-candles which are measured at the average point of illumination between brightest and darkest areas, 4-5 feet above the ground surface. (Source: IES Lighting Handbook - 4th Edition) CLEAR CREEK CROSSING92 DESIGN PATTERN BOOK 93 7.0 - SIGNAGE CLEAR CREEK CROSSING94 DESIGN GUIDELINES • Overall signage design should embrace the use of natural materials, juxtaposed with the contemporary materials, using a natural color palette, accented by one or more vibrant colors. • Sign design should correspond to the set signage family; variations may be allowed subject to ACC review and City approval. • Signage should have simple, modern, and effi cient style that connects to the Project’s agrarian theme and the material palette, with some fl exibility allowed to accommodate users, whether more creative or more programmed. • Signage should be designed to minimize clutter, with an emphasis on managing locations to minimize confl icts, blockages and obstructions of both circulation patterns and view corridors. 7.1 Conceptual Signage DESIGN INTENT • Creates a unifi ed signage family, encouraging well- placed shared signs throughout the development. • Provide guidelines and standards for master sign plans to be submitted for each planning area, or portion thereof at least two (2) acres or more in size which is under unifi ed control either by ownership, legal association or leasehold. • Through materials, parallels the relationship between the development and the nearby Clear Creek with its natural trails as well as the Project’s agrarian design theme. • An innovative design approach to signage is encouraged and is important to establishing the Project’s unique brand and image. • Accommodates the varied needs of a large mixed- use planned development with a functional signage program that supports a wide spectrum of uses and visitors.DESIGN STANDARDS • All signage shall be designed according to the standards and guidelines of the signage family. • Two types of signage shall be allowed at the Project: free-standing signage or site signs and wall-mounted signage or building signs. • Temporary signs shall be allowed according to City Code. • All signs shall be constructed of materials from the Clear Creek Crossing palette, see Section 4.0. • All sign design including color and materials, must be submitted to the ACC and the City for review and approval, respectively. • All illuminated signage shall comply with Section 26-503 of the Zoning and Development code. • Signage locations must generally comply with the Project Signage Map and/or general specifi cations for placement of signs as determined by type included herein. • All signs must comply with Chapter 26 of the Zoning and Development Code, including sight triangle requirements, subject to a future master sign plan, as approved by the Planning Commission. DESIGN PATTERN BOOK 95 7.2 Signage Family BRAND DESIGN The brandmark “C” and “Clear Creek Crossing” are both die cut through the various materials to reveal the layered aspects of both the literal materials and the diversity of businesses and services offered at this development. Detail on the signage creates dimensionality and interaction between the natural wood material and the refi ned metal, again reinforcing the relationships between Clear Creek and the Project and uniquely identifi es Clear Creek Crossing with a logo: a beautiful natural amenity along with its associated regional trail, both crossing through the newly developed site. The accent color is a fresh and modern green, inspired by new growth at the Project with the option to further expand upon and integrate additional brand accent colors. 50’-75’ Landmark ID CLEAR CREEK CROSSING96 7.2 Signage Family, Cont. 20’ 12’ 8’8’ 12’ 6’ 1 2 3 4 5 6 1 2 3 4 5 6 Primary Monument Major Tenant ID Secondary Monument Interpretive / Trail Head Wayfi nding Project ID DESIGN PATTERN BOOK 97 7.2 Signage Family, Cont. SIGN TYPE PLANNING AREA* MAX SIGN AREA MAX NUMBER OF SIGNS MAX. SIGN HEIGHT MIN. SETBACK LANDMARK ID* 1,3,8 900 SF 3 75' 30' PRIMARY MONUMENT* 1,3,6 400 SF 4 20' 10' SECONDARY MONUMENT* 1,3,4,6,7 150 SF 10 12' 5' MAJOR TENANT ID* 1,2,3,6 150 SF 4 12' 5' OTHER TENANT * 1,2,3,4,5,6,7,8 50 SF 12 8' 5' PROJECT ID 1,3,4 50 SF 4 6' 5' WAYFINDING 1,2,3,4,5,6,7,8 25 SF 8 8' 5' INTERPRETIVE/TRAIL HEAD 1,2 25 SF 2 8' 5' 26 TOTAL SIGN AREA PERMITTED EQUAL TO: PRIMARY WALL-MOUNTED SIGN 1,2,3,4,5,6,7,8 SECONDARY WALL-MOUNTED SIGN 1,2,3,4,5,6,7,8 UNDER CANOPY SIGN 1,2,3,4,5,6,7,8 PROJECTING SIGN 1,2,3,4,5,6,7,8 PAINTED & CREATIVE SIGN 3,4,6 OTHER SIGNS REFER TO SECTION 7.0 SIGNAGE OF THIS DOCUMENT FOR ADDITIONAL INTENT, GUIDELINES, AND STANDARDS SIGNAGE PER CITY OF WHEAT RIDGE STANDARDS, CHAPTER 26, ARTICLE V, 26-701 MAXIMUM = TOTAL SIGN AREA (SF) ALLOWED LENGTH OF ELIGIBLE WALL X 1 SQUARE FOOT (SEE SECTION 7.5 FOR WALL ELIGIBILITY) BUILDING SIGNAGE FREESTANDING SIGNAGE *MAXIMUM TOTAL NUMBER OF TENANT RELATED SIGNS: * Note: The following sign location graphic map is conceptual and intended to give an idea of the overall sign plan for the site. The signage allowance chart dictates the total number of signs allowed. CLEAR CREEK CROSSING98 DESIGN PATTERN BOOK 99 7. 3 S i g n a g e M a p ZO N I N G : S F R E S I D E N T I A L (E X I S T I N G ) CO O R S ’ W A T E R S T O R A G E MA P L E G R O V E EL E M E N T A R Y SC H O O L YO U N G F I E L D S T R E E T AP P L E W O O D G O L F C O U R S E (P R O S P E C T R E C R E A T I O N & P A R K D I S T R I C T ) PA 1 PA 2 PA 3 PA 4 1. L A N D M A R K I D 2. P R I M A R Y M O N U M E N T 5. M A J O R T E N A N T 6. O T H E R T E N A N T 4. P R O J E C T I D 3. S E C O N D A R Y M O N U M E N T 7. W A Y F I N D I N G 8. I N T E R P R E T I V E / T R A I L H E A D 1 1 1 1 P P P P P P P P P P P P P P P P P P P P PA 4 PA 5 PA 6 PA 7 RE G I O N A L WA T E R QU A L I T Y ZO N I N G : IN D U S T R I A L (E X I S T I N G ) RA I L R O A D C L E A R C R E E K D R I V E C L E A R C R E E K D R I V E 4 0 T H A V E N U E W 3 2 N D A V E N U E PA 8 ZO N I N G : P D CO M M E R C I A L (V A C A N T ) ZO N I N G : P D CO M M E R C I A L (V A C A N T ) CL E A R C R E E K P A A R R C C C R R R E K K K D D E E A A B C P P P P P P P P P P R R I I V V E E NO R T H CLEAR CREEK CROSSING100 7.4 Freestanding Signs DESIGN GUIDELINES • Visibility, location of trees and vegetation, and compatibility with the surrounding landscaping and hardscaping should be considered in the placement and design of signs. • Sign lighting should be consistent with the lighting of building elements and storefront lighting. • Signs adjacent to residential neighborhoods should be turned off after business hours. • Sign lighting should be designed to minimize light pollution, in compliance with dark sky principles. Pedestrian lights shall be semi-cutoff fi xtures at a minimum. • Except for Other Tenant signs, all sign types should have simple, modern, and effi cient style that connects to the sign family and material palette. • A Master Sign Plan shall be submitted for each Planning Area, and shall conform to the overall intent, standards and guidelines set forth in this document. DESIGN STANDARDS • Freestanding signs will consist of the following types of site signage: • Landmark ID Monument • Primary Monument • Secondary Monument • Project ID Monument • Major Tenant Sign • Other Tenant Sign • Wayfi nding Signage • Interpretive / Trail head Signage • Landmark ID Monument Signs shall be designed to be visible by traffi c along the adjacent highways, with clear identifi cation of CCC as well as major tenants, with no more than six tenant panels. Maximum height of these signs shall be 50 feet, unless the panels are not visible to nearby highway traffi c; Landmark signs may be up to 75 feet and only as tall as necessary to provide adequate visibility. • Monument and Project ID signs establish the character and identify of the development and shall be sited in key locations, primarily at intersections or important access drives. • Project ID signs identify the development and shall be sited in key locations, primarily at intersections or important gateways. Project ID and Monument signs are intended for a similar purpose; these sign types shall be interchangeable at gateway locations and key intersections. • Major Tenant signs shall include freestanding signs for users >30,000 SF. • Other Tenant signs shall not be required to connect to the sign family but should follow all other standards and shall be located on the lot which they advertise. • All freestanding signs shall be integrated into the streetscape, complementing items such as plantings, trees, paving patterns, and street furnishings. • No signs shall obstruct designated sidewalks. • Designated setback requirements begin at edge of ROW. The materials of freestanding signs shall be similar or closely related to the materials of the primary structures. • Variations in design and location from Master Signage Plan are allowed subject to approval of the Community Development Director. • All signs must comply with the method of measuring the surface area of the sign as outlined in Chapter 26 of the Zoning and Development Code. • All signs must comply with sight triangle requirements as outlined in Chapter 26 of the Zoning and Development Code. DESIGN INTENT • Develop freestanding sign family for the site that allows some fl exibility while maintaining a brand identity for the site that serves to connect the Districts. • Through materials and color palette, design a freestanding sign family that is inspired by the natural and cultural cues that surround the site’s location • Create a balance in both design and placement of site signage, so that the Project brand is unique while the users/tenants logos are prominently placed appropriately based on relative signifi cance within the overall development. DESIGN PATTERN BOOK 101 LANDMARK ID MONUMENT Freestanding sign, signifi cant in height to allow visibility from freeway and highway corridors Maximum area: 900 SF Maximum height: 50’-75’ Minimum setback: 30’ Maximum number in project: 3 Maximum number of panels: 6 (per sign) • Signs may be internally illuminated • May utilize a digital reader board • Signs must be placed within a landscaped area 7.4 Freestanding Signs (cont.) SIGNAGE AREA CALCULATION Dimensions Total CCC Logo 9’ x 6’ 54 SF ‘Clear Creek Crossing’: 41’ x 2’ 82 SF Store Panels (6) 6’ x 18’ 648 SF Total Sign Area: 784 SF 36’ 18’ 6’ 9’ 41’ 50’-75’ 2’ Landmark ID 6’ CLEAR CREEK CROSSING102 4’ 2’ 12’ 2’ 4’ 1’ 7.4 Freestanding Signs (cont.) Primary Monument Secondary Monument PRIMARY MONUMENT Freestanding sign, providing prominent onsite identifi cation of both CCC and its most signifi cant retail, entertainment and employment uses at CCC. Primary Monument Signs will be encouraged to minimize the total number of Major Tenant Signs Maximum area: 400 SF Maximum height: 20’ Minimum setback: 10’ Maximum number in project: 3 Maximum number of panels: 6 (per sign) • Signs may be internally illuminated • Signs must be placed within a landscaped area SIGNAGE AREA CALCULATION Dimensions Total CCC Logo 3’ x 2’ 6 SF ‘Clear Creek Crossing’: 11’-6” x 1’ 11.5 SF Major Tenant / User 5’ x 1” 6” 45 SF Panels (6) Total Sign Area: 62.5 SF SECONDARY MONUMENT Freestanding sign, designed to identify CCC as well as smaller tenants/users. Located along public streets, near access drives within CCC. Secondary Monument signs will be encouraged to minimize the total number of ‘Other Tenant signs. Maximum area: 150 SF Maximum height: 12’ Minimum setback: 5’ Maximum number in project: 6 Maximum number of panels: 4 (per sign) • Signs may be internally illuminated • Signs must be placed within a landscaped area SIGNAGE AREA CALCULATION Dimensions Total CCC Logo 2’ x 2’ 4 SF Tenant / User Panels (4) 4’ x 1’ 16 SF Total Sign Area: 20 SF 2’ 3’ 5’ 7’ 6”11’6”20’ 1’ 1’ 6” DESIGN PATTERN BOOK 103 7.4 Freestanding Signs (cont.) MAJOR TENANT MONUMENT Freestanding signs are associated with large commercial or employment users, generally greater than 30,000 square feet. Designed to associate with the CCC signage family, Major Tenant signs provide clear identifi cation of the tenant along a public street within CCC. Primary Monument signs will be encouraged to minimize the total number of Major Tenant signs. Maximum area: 150 SF Maximum height: 12’ Minimum setback: 5’ Maximum number in project: 5 • Identifi cation of CCC is required • Signs may be internally illuminated • Signs must be placed within a landscaped area SIGNAGE AREA CALCULATION Dimensions Total CCC Logo 3’ x 2’ / 4’ x 4’ 22 SF ‘Clear Creek Crossing’: 11’-6”’ x 1’ 11.5 SF Major Tenant Logo 12’ x 2’-6” 30 SF Total Sign Area: 63.5 SF OTHER TENANT SIGN Freestanding ‘Other’ signs are associated with residential, commercial or employment users. Designed to associate with the CCC signage family, other tenant signs provide clear identifi cation of the tenant within the boundaries of the lot, either on public street or visible from a public street within CCC. Secondary Monument signs will be encouraged to minimize the total number if Other Tenant signs. Maximum area: 50 SF Maximum height: 8’ Minimum setback: 5’ Maximum number in project: 12 • Identifi cation of CCC is required • Signs may be internally illuminated • Signs must be placed within a landscaped area 2’ 3’ 4’ 4’ 2’ 6” 1’ 12’ 11’ 6” 12’ Major Tenant CLEAR CREEK CROSSING104 7.4 Freestanding Signs (cont.) PROJECT ID Freestanding Project ID signs are located at gateway entrances to CCC at the I-70 ramps and 40th Avenue. The Project ID signs are designed to convey a sense of arrival as well as an identifi cation of CCC that connects to the balance of the signage family design. Flanked signs are encouraged in a well landscaped buffer. Length of the sign at its base should be guided by site characteristics and may employ a wrap design. Maximum area: 250 SF Maximum height: 6’ Minimum setback: 5’ Maximum number in project: 4 • Signs may be internally illuminated • Signs must be placed within a landscaped area SIGNAGE AREA CALCULATION Dimensions Total CCC Logo 5’ x 6’ 30 SF ‘Clear Creek Crossing’: 30’ x 2’ 60 SF Total Sign Area: 90 SF 6’ 30’ 2’ 5’ 6’ Project ID DESIGN PATTERN BOOK 105 4’ 2’ 8’ 3’ 6” 6” 7.4 Freestanding Signs (cont.) INTERPRETIVE / TRAIL HEAD Freestanding Interpretive / Trail head signs are directional signs associated with the multi-use trail and have the similar design and scale of the Wayfi nding signs within the Project. The Interpretive / Trailhead signs are located where they best assist pedestrians, hikers and cyclists. Maximum area: 25 SF Maximum height: 8’ Minimum setback: 5’ Maximum number in project: 2 • Signs may be internally illuminated • Signs must be placed within a landscaped area SIGNAGE AREA CALCULATION Dimensions Total CCC Logo 1’ x 1’ 1 SF Info Panels 4’ x 2’-6” 10 SF Total Sign Area: 11 SF WAYFINDING Freestanding Wayfi nding signs are directional signs within the Project, providing distance/direction to tenants/users, trails and other CCC Project amenities. Wayfi nding signs are located where they can provide guidance within CCC. Maximum area: 25 SF Maximum height: 8’ Minimum setback: 5’ Maximum number in project: 8 • Signs may be internally illuminated • Signs must be placed within a landscaped area SIGNAGE AREA CALCULATION Dimensions Total ‘Clear Creek Crossing’: 0’-6”’ x 4’ 2 SF Info Panels 3’-6” x 2’ 7 SF Total Sign Area: 9 SF Interpretive / Trail Head 4’ 2’ 6” 8’ 1’ Wayfi nding 1 ’ CLEAR CREEK CROSSING106 7.5 Building Signs DESIGN GUIDELINES • Painted signs and other creative signage expressions, including possible unique roof signage, are encouraged in Vineyard and Harvest Districts only, subject to approval of ACC and at the sole discretion of the Community Development. • Building sign lighting should be designed to minimize light pollution, in compliance with dark sky principles. DESIGN INTENT • Identify individual retail shops, anchor tenants, commercial tenants, or Project with wall mounted signs as required. • Intended to be visible from both building entrances as well as traffi c thoroughfares, depending upon orientation. • Through materials and style, connects to building architecture. • Prioritize legibility and brand recognition, providing clear identifi cation and direction complementary to freestanding signage. DESIGN STANDARDS • Building signs shall consist of the following types: • Primary Wall Mounted Tenant Sign • Secondary Wall Mounted Tenant Sign • Under Canopy Sign • Projecting Sign • Total allowable wall sign area shall be determined for each user by calculating the linear footage of eligible sign frontage and allowing one (1) square foot of signage per lineal foot of eligible frontage. • In determining wall eligibility, only the footprint of the structure can be used. The fl oor area of gas station and drive-thru canopies cannot be applied toward the freestanding sign allowance. • Total allowable wall sign area may be re-distributed among signs provided signs are located on an eligible building frontage. • Building signs shall be constructed of durable materials permanently affi xed to an exterior surface of any building, wall or structure. • Building signs shall not extend more than 15 inches beyond the wall, with exception of projecting signs, which are allowed when oriented toward pedestrians.. • Signs placed upon marquees, canopies or awnings shall be considered as signs. • Sign design shall correspond to a set signage family, with variations allowed subject to approval of the Community Director. • Building signs located within 300 feet of and/or highly visible from existing residential uses shall be constructed either with an opaque background and translucent text and symbols, or with a dark (not white, off-white, light gray, cream or yellow) background and generally lighter colored text and symbols. • House or building address number signs shall be consistent with section 26-639 of the Zoning and Development Code. DESIGN PATTERN BOOK 107 7.5 Building Signs (cont.) Primary Wall Mounted Tenant Sign: These signs identify the individual tenants within the building and are located on the exterior of the building in which the tenant is located. These signs should be located on the side of the building that is considered the primary entry/exit to the tenant space. For tenants with a corner entry, the tenant may choose which side is considered primary. Tenants are permitted multiple signs on the primary entry/exit facade of the building, as long as the overall permitted sign area is not exceeded. Secondary Wall Mounted Tenant Sign: Tenants are also permitted secondary wall mounted signs that may be placed on a non-entrance/exit side of the building that contains the tenant’s space. Secondary Wall Mounted Signs are permitted provided they face public right-of ways, parking areas, private streets or drives. Secondary signs may not exceed the size of primary signs on the same building. CLEAR CREEK CROSSING108 7.5 Building Signs (cont.) Under Canopy Sign: In addition to the wall mounted tenant signs, each tenant is permitted one pedestrian-oriented under canopy or arcade sign with a maximum area of 6 SF. These under canopy signs are not permitted to be internally illuminated, must maintain 9’ vertical clearance above pedestrian walkways, and shall only contain the tenant name and logo associated with the space. May use up to 50% of the allowed wall sign allocation for canopies Projecting Sign: Projecting signs are defi ned as signs affi xed to any building, wall or structure, extending beyond the building more than 15”. Projecting and wall signs are not permissible on the same wall. Tenants are allowed one projecting sign per street frontage per business and should be oriented toward pedestrians. Sign area is limited to 1 SF for each foot of height of the building to which the sign is attached. The maximum height is the top of the wall or parapet, and signs may not be roof mounted. The maximum Projection is 10’. The sign must maintain a minimum distance of 7’from the street frontage or sidewalk. Painted & Creative Signs: These signs are expressive and intended to be used sparingly, in order to maximize impact while maintaining a tasteful aesthetic at the Project. Limited to use in the Vineyard and Harvest Districts, artistic signs shall count toward total allowed sign area fro wall mounted signs. Individual designs are subject to the approval of the ACC and the Community Development Director. DESIGN PATTERN BOOK 109 CLEAR CREEK CROSSING110 DESIGN PATTERN BOOK 111 APPENDIX A : GLOSSARY OF TERMS CLEAR CREEK CROSSING112 The terms included here are terms that are consistently referenced throughout this design guidelines and standards document. Active Use A use that invites and plans for pedestrian activity. Acrylic Channel Glass Channel glass wall system consisting of self-supporting translucent glass channels and an extruded metal perimeter frame. The end result is a wall that obscures vision but allows light to pass through. Amenity Zone The portion of the public rights-of-way adjacent to the back of the curb reserved for amenities. The purpose of the amenity zone is to locate elements of the streetscape, such as trees, benches, lights, bicycle racks and trash receptacles, in a consolidated area outside of the pedestrian walking zone. Applicant Any owner, developer, builder, or other person seeking approval from the City as required by these Urban Design Standards and Guidelines. Architecture Review Board The applicant will have a Covenants, Controls, and Restrictions review board that will review all development for the compliance with this Offi cial Development Plan prior to submission to the City of Wheat Ridge. After review of the proposal, a letter of approval or disapproval will be submitted to the City. Tenants of the development will have the opportunity to design and develop their own buildings and storefronts, which designs will be reviewed by the Covenants, Controls, and Restrictions review board. The Covenants, Controls, and Restrictions review board reserves the right to reject any submittal that does not comply with the intent of this document. Block For purposes of these Standards and Guidelines, a tract of land within the Site bounded by public streets, private streets, or by private drives. Build-to Line A line extending through a lot which is generally parallel to the front property line and marks the location from which the principle vertical plane of the front building elevation, exclusive of porches, bay windows, canopies, awnings and similar appurtenances, must be erected. CDOT ‘A’ Line The Colorado Department of Transportation “access control line” depicted as the CDOT ‘A’ Line is used to regulate the “control of access” to interstate rights-of-way and designated frontage roads for both transportation and non-transportation purposes. All land owners adjacent to “access control lines” are restricted from each and every right of access, from or to any part of Clear Creek Crossing Drive and the west-bound Interstate 70 off and on ramps, including the ability to ingress and egress properties adjacent and abutting the access control. Detached Sidewalk A paved walkway that is not attached to the street curb or a building and is commonly separated from the curb by a tree lawn or by an amenity zone. Glossary of Terms DESIGN PATTERN BOOK 113 Developer The owner of a site, or a Project proponent or agent authorized by the owner to act on behalf of the owner in the design and construction of any development within the site. EIFS Exterior Insulating Finishing System. Façade The exterior vertical walls of a building and any face of a building given special architectural treatment. Fenestration The arrangement, proportioning and design of windows and openings within a building façade. Floor Area Ratio (FAR) The ratio of gross fl oor area of a building to the area of the zone lot on which the building is located. Furnishings Any of numerous types of street furniture, fi xtures, or equipment most commonly used on commercial streets. Examples include pedestrian lights, benches, newspaper vending boxes, trash receptacles, planters, tree grates, fences railings, bicycle racks, mailboxes, fountains, kiosks, and public telephones. Gabion Wall A gabion is a cage, cylinder, or box fi lled with rocks used for landscaping. A gabion wall is a retaining wall made of stacked stone-fi lled gabions tied together with wire. LEED® Certifi cation, Leadership in Energy and Environmental Design. Green Building Rating System, developed by the U.S. Green Building Council (USGBC), which provides a suite of standards for environmentally sustainable design. Live Work buildings A building type that has a commercial use on the main fl oor and residential above or attached. Mixed Use Buildings The use of a structure that combines or integrates both residential and non-residential uses in the same structure/building. Modifi cation Any departure from a standard or requirement contained in these Urban Design Standards and Guidelines as reviewed during the Design Review Process (Chapter 10.0). Mechanically Stabilized Earth (MSE) Glossary of Terms CLEAR CREEK CROSSING114 Mechanically Stabilized Earth or MSE walls stabilize unstable slopes and retain soil on steep slopes and under crest loads. Non-Residential Uses All uses of property other than residential use. Open Space Open Space is defi ned to include plazas and landscape areas open to the sky. This defi nition includes both green landscapes and hardscape areas outside of the public rights-of-way. Parking Structure Any building or part of a building wherein more than three (3) motor vehicles are or can be housed or stored, including, but not limited to, parking decks and multilevel parking structures. Park An area of land which is developed or intended for development with landscaping and other features which promote recreational activities, passive or active, by the public. May be either publicly or privately owned. Parkway Parkways are typically characterized by landscape features such as broad medians incorporating tree and shrub masses, spacious tree lawns and linear tree plantings fl anking wide streets. The term parkway and boulevard are often used interchangeably. Pedestrian Active Uses. Business or activities that engages the interest of people passing by on adjacent sidewalks and allows views into store windows and building interiors. Pedestrian Walking Zone The portion of sidewalk either within public rights-of-way or on private property, between the amenity zone and the building related zone and reserved for unimpeded pedestrian travel. The purpose of the pedestrian walking zone is to provide an area outside of the amenity zone the remains clear for pedestrian walking. See Illustration No. 2. Plaza An open area at ground or elevated level accessible to the public at all times, and not within the right- of-way, which is unobstructed from its lowest level to the sky, although it may contain arbors, trellis, gazebos, picnic covers, sun shades and other non-enclosed roof-like forms that add to the usability and enjoyment of outdoors. The majority of the surface is hardscaped, but any portion of a plaza occupied by landscaping, statuary, pools, and open recreation facilities shall be considered to be a part of the plaza for the purpose of computing a fl oor area premium credit. The term “plaza” shall not include off-street loading areas, driveways, off-street parking areas or pedestrian ways accessory thereto. Quality Refers to the use of a material that is low maintenance, will stand up to wear and tear and is appropriate for the intended use or design application. Glossary of Terms DESIGN PATTERN BOOK 115 Glossary of Terms Quartzputz Quartzputz is one of the original stucco textures. Not an acceptable texture at Clear Creek Crossing. Retail Any space or building used for the sale of goods to the ultimate consumer for direct consumption and not for resale. Right-of-Way The area of land under public ownership and commonly reserved for public use as a street, which may also include areas devoted to tree lawns, sidewalks, trails, bicycle paths, benches, and other public amenities and subsurface utilities. Scale The perceived size of a building, space, or roadway in relation to a human or automobile that affects the apparent size of street spaces and how comfortable they feel to pedestrians and drivers. Architectural design details and overall organization of the street can affect scale. Story Where the term “story” is used in the various zone districts for the purpose of determining setback from perimeter lot lines for nonresidential buildings, each twelve (12) feet of building height shall be considered a story, and for residential buildings, each ten (10) feet of building height shall be considered a story Street Trees Trees that line the street in a right-of-way between the curb and the abutting property line, or pedestrian path. Streetscape A term generally referring to pedestrian amenities and landscape improvements located within the public-right- of-way or public easement. The term “streetscape” generally refers to the public amenity zone, the unobstructed pedestrian zone and the pedestrian amenities, furnishings and landscape improvements such as tree lawns or trees in grates. Terminating Vistas A term generally referring to points of interest at the end of certain important street view corridors through the Development. Tree Lawn The area of lawn or planting between the curb and the detached sidewalk where street trees are planted. Wayfi nding How occupants traverse a space. Supplemented with signage and the built environment. CLEAR CREEK CROSSING116 DESIGN PATTERN BOOK 117 APPENDIX B : MATERIAL LIST CLEAR CREEK CROSSING118 Materials STONE • Field Stone: Large random sized shapes laid in a random pattern. • Coursed Stone: Varied sizes of cut and tumbled stone with natural face features laid in an ashlar coursing. • Cut Stone: Regular sized stone modules laid in traditional masonry patterns, i.e. running bond, stacked bond, etc. METAL • Standing Seam: Metal panels that utilizes a raised seam in a regular pattern or spacing. • Ribbed or Corrugated: Metal panels that have curved or ribbed linear patterns. • Flat Panel: Metal panels that have a fl at surface and utilize dry or wet sealed joints in rhythmic or random patterns for articulation. WOOD • Board and Batten: Flat panel prefi nished or painted wood panels with protruding vertical smaller wood strips creating a regular vertical pattern. • Cedar Siding: Natural rough sawn or milled cedar lap siding with overlapping or fl ush joints. May be installed in vertical or horizontal patters and can be used on vertical or horizontal surfaces. • Reclaimed Wood or Barnwood: Wood that has been reclaimed and has a natural aged aesthetic. • Additional Wood Note: Synthetic or Alternative wood options may be utilized in lieu of natural wood if it is deemed to be unfi t for the application but the desired look is to mimic or represent a wood product. FIBER CEMENT PANELS • Nichiha - Acceptable material. Colors and textures to be complementary to overall development. GLASS • All glass or glazing is considered a primary building material and counts towards the overall building materials percentage. PRECAST & DECORATIVE STONE ELEMENTS • Include caps, lintels, cornices. All aforementioned are acceptable. Colors shall be complementary to overall Project. SECONDARY MATERIALS • COLORED AND TEXTURED CONCRETE MASONRY UNITS (CMU): Standard gray colored CMU is NOT acceptable, unless covered by another building fi nish material. Split faced or honed CMU must be used as the primary element when exposed to view. CMU shall not be painted except where not visible from public streets or walkways. • MASONRY BRICK: Acceptable material. Colors and textures to be complementary to overall development. Design and detail is to be varied and interesting and not portray a neo traditional or faux historic character. Shall not be painted. • STUCCO: Acceptable material. Generally discouraged at the bases of buildings and adjacent to pedestrian walkways. Should have natural stone aggregates and texture. Standard sand or quartzputz textures are prohibited. Break up large components and • ARCHITECTURAL PRECAST CONCRETE: Shall be integrally colored and may be textured if desired. May be used as a veneer applied over an independently constructed enclosure and substrate. Break up large components and fascias through the use of joints and changes in plane and texture to maintain scale of the facade. • EIFS or Synthetic Stucco: Allowed on the ground fl oor, street facing facades directly abutting the R.O.W. in a limited amount (20%) and should only be used as ornamental details such as parapet caps, cornices, belt courses, window details, etc. DESIGN PATTERN BOOK 119 CLEAR CREEK CROSSING120 DESIGN PATTERN BOOK 121 APPENDIX C : PLANT LIST CLEAR CREEK CROSSING122 Plant List DECIDUOUS CANOPY TREES Scientifi c Name Common Name Acer Miyabei ‘Morton’ State Street Maple Catalpa speciosa Western Catalpa Celtis occidentalis Western Hackberry Gleditsia triacanthos inermis ‘Imperial’ Imperial Honeylocust Gleditsia triacanthos inermis ‘Shademaster’ Shademaster Locust Gymnocladus dioicus Kentucky Coffeetree Populus x acuminata Lanceleaf Cottonwood Populus sargentii Plains Cottonwood Quercus macrocarpa Burr Oak Ulmus Parvifolia ‘Emerii’ Allee Elm EVERGREEN TREES Scientifi c Name Common Name Abies concolor White Fir Juniperus scopulorum Rocky Mountain Juniper Picea pungens Colorado Spruce Picea engelmanni Engleman Spruce Pinus aristata Bristlecone Pine Pinus edulis Pinyon Pine Pinus fl exilis Limber Pine Pinus nigra Austrian Pine Pinus ponderosa Ponderosa Pine DECIDUOUS SHRUBS Scientifi c Name Common Name Amelanchier alnifolia Saskatoon Serviceberry Amorpha fruticosa False Indigo Aronia arbutifolia ‘Brilliantissima, Brilliant Red Chokeberry Aronia melanocarpa ‘Iriquois Beauty’ Dwarf Chokecherry Buddleia davidii Butterfl y Bush Caryopteris x clandonensis Blue Mist Spirea Cercocarpus intricatus Littleleaf Mountain Mahogany Chamaebatiaria millefolium Fernbush Chrysothamnus nauseous Rabbitbrush Cornus sericea ‘Isanti’ Isanti Dogwood Forsythia ‘Arnold Dwarf’ Arnold Dwarf Forsythia Lonicera involucrate Twinberry Honeysuckle Mahonia repens Creeping Oregon Grape Philadelphus microphyllus Littleleaf Mockorange Physocarpus monogynus Mountain Ninebark Prunus besseyi Western Sandcherry Prunus besseyi ‘Pawnee Buttes’ Pawnee Buttes Sandcherry Rhus Glabra Smooth Sumac Rhus trilobata Three Leaf Sumac Ribes cereum Golden Currant Rosa woodsii Woods Rose Salix purpurea ‘Nana’ Dwarf Arctic Blue Willow ORNAMENTAL TREES Scientifi c Name Common Name Acer grandidentatum Bigtooth Maple Amelanchier x grandifl ora Autumn Brilliance Serviceberry Betula occidentalis fontinalis Western Red Birch Craetageus crus-galli ‘Inermis” Thornless Cockspur Hawthorn Crateagus phaenopyrum Washingtion Hawthorn Korelreuterisa paniculatat Goldenrain Tree Malus X ‘Spring Snow’ Spring Snow Crabapple Prunus americana American Plum Syringa reticulata Japanese Tree Lilac EVERGREEN SHRUBS Scientifi c Name Common Name Arctostaphylos ‘Panchito’ Panchito Manzanita Cotoneaster dammeri ‘Coral Beauty’ Coral Beauty Cotoneaster Euonymus Fortunei ‘Emerald Gaiety’ Emerald Gaiety Euonymus Picea pungens ‘Globosa’ Globe Spruce Picea pungens ‘R.H. Montgomery’ R.H. Montgomery Spruce Pinus mugo ‘Slowmound’ Slowmound Mugo Pine Pinus mugo ‘Tannenbaum’ Tannenbaum Mugo Pine Pinus mugo ‘White Bud’ White Bud Mugo Pine Juniperus communis ‘Mondap’ Alpine Carpet Juniper Juniperus sabina ‘Monna’ Calgary Carpet Juniper Juniperus sabina ‘Buffalo’ Buffalo Juniper Juniperus virginiana ‘Blue Arrow’ Blue Arrow Juniper Yucca fi lamentosa ‘Ivory Tower’ Ivory Tower Yucca Scientifi c Name Common Name Spiraea Japonica ‘Goldfl ame’ Goldfl ame Spirea Spriaea Nipponica ‘Snowmound’ Snowmound Spirea Spirea Japonica ‘Little Princess’ Little Princess Spirea Symphoricarpos albus Snowberry Syringa patula ‘Miss Kim’ Miss Kim Lilac Syringa vulgaris Common Purple Lilac Physocarpus monogynus Mountain Ninebark Prunus besseyi Western Sandcherry Prunus besseyi ‘Pawnee Buttes’ Pawnee Buttes Sandcherry Rhus Glabra Smooth Sumac Rhus trilobata Three Leaf Sumac Ribes cereum Golden Currant Rosa woodsii Woods Rose Salix purpurea ‘Nana’ Dwarf Arctic Blue Willow Spiraea Japonica ‘Goldfl ame’ Goldfl ame Spirea Spriaea Nipponica ‘Snowmound’ Snowmound Spirea Spirea Japonica ‘Little Princess’ Little Princess Spirea Symphoricarpos albus Snowberry Syringa patula ‘Miss Kim’ Miss Kim Lilac Syringa vulgaris Common Purple Lilac DESIGN PATTERN BOOK 123 Plant List (Cont) ORNAMENTAL GRASS Scientifi c Name Common Name Andropogon Gerardii Big Bluestem Bouteloua curpitendula Side-Oats Grama Bouteloua gracilis ‘Blonde Ambition’ Blonde Ambition Grama Grass Calamagrostis acutifl ora ‘Karl Foerster’ Feather Reed Grass Deschampsia caespitosa Tufted Hairgrass Miscanthus sinensis ‘Adagio’ Adagio Maiden Grass Panicum virgatum Switchgrass Schizachyrium scoparium Little Bluestem Sporobolus heterolepis Prairie Dropseed PERENNIALS Scientifi c Name Common Name Achillea millefolium Common White Marrow Aquilegia caerulea Native Columbine Arnica cordifolia Heartleaf Arnica Coreopsis tinctoria Plains Coreopsis Erigeron speciosus Aspen Daisey Dalea purpurea Purple Prairie Clover Delphinium virescens Plains Larkspur Gaillardia aristata Blanket Flower Geranium richardsonii Richardson Geranium Iris missouriensis Rocky Mountain Wild Iris Liatris puncata Spotted Gayfeather Oenothera caespitosa Tufted Evening Primrose Penstemon strictus Rocky Mountain Penstemon Ratibida columnifera Mexican Hat Rudbeckia hirata Black Eyed Susan Thermopsis divaricarpa Gold Banner Yucca glaua Soapweed Zinnia Grandifl ora Rocky Mountain Zinnia ITEM NO: DATE: January 8, 2018 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 02-2018 – AN ORDINANCE EXTENDING THE TEMPORARY MORATORIUM ON THE SUBMISSION, ACCEPTANCE, PROCESSING, AND APPROVAL OF APPLICATIONS AND REQUESTS FOR A PERMIT, LICENSE, LAND USE APPROVAL OR OTHER APPROVAL FOR A FREESTANDING EMERGENCY ROOM FACILITY PUBLIC HEARING ORDINANCES FOR 1ST READING (1/8/2018) BIDS/MOTIONS ORDINANCES FOR 2ND READING (1/22/2018) RESOLUTIONS QUASI-JUDICIAL: YES NO _______________________________ ______________________________ City Attorney City Manager ISSUE: In April of 2017, the Council adopted a one-year moratorium on the submission, acceptance, processing and approval of applications and requests related to freestanding emergency room facilities. This ordinance extends the moratorium period for an additional 120 days, to and including August 27, 2018. PRIOR ACTION: On April 11, 2016, City Council adopted Ordinance 1595 placing a 365-day temporary moratorium on the submission, acceptance, processing and approval of applications and requests related to freestanding emergency room facilities and extended the moratorium by another 365 days through the adoption of Ordinance No. 1616. FINANCIAL IMPACT: The potential loss of license, permit, application and similar fees associated with applications for freestanding emergency room (ER) facilities for an additional 120 days is likely nominal. Council Action Form – Extend Moratorium of Freestanding ERs January 8, 2018 Page 2 BACKGROUND: Freestanding ERs continue to increase in number and popularity. In Colorado, the number of freestanding ERs rose from two in 2012 to at least 35 by mid-2016. These facilities provide emergency medical treatment and care similar to a hospital-based ER. Ambulances deliver to these freestanding facilities and many offer more sophisticated on-site services – such as radiology and lab services – than urgent care facilities. These types of facilities continue to be unregulated by the state. Freestanding ERs likely generate land use impacts that are more akin to hospitals than to other medical facilities, such as clinics, doctor’s offices and urgent-care facilities. Unlike these other types of medical facilities, freestanding ERs accommodate ambulance and other emergency- vehicle traffic and they are often open 24/7. They produce light, noise, glare and traffic beyond that of a non-emergent medical care facility. It is therefore appropriate to study and evaluate whether the City’s existing zoning regulations adequately address freestanding ER facilities. In the past, there have been media stories on freestanding ERs and patient confusion between freestanding ERs and urgent care facilities. Because freestanding ERs are not currently licensed or regulated by the state, patients may also be uninformed about the relative costs, benefits, advantages and disadvantages of visiting a freestanding ER versus a hospital-based ER. It is therefore appropriate for Council to study and evaluate whether the City should enter the licensing arena specific to these facilities and adopt some local licensing requirements for them. This Ordinance continues to maintain the status quo (no freestanding ERs within the City) while the Council studies these policy issues and adopts further legislation if it deems appropriate. RECOMMENDATIONS: Staff recommends approving the extension of the temporary moratorium. RECOMMENDED MOTIONS: “I move to approve Council Bill No. 02-2018 - an ordinance extending the temporary moratorium on the submission, acceptance, processing, and approval of applications and requests for a permit, license, land use approval or other approval for a freestanding emergency room facility, on first reading, order it published, public hearing set for Monday, January 22, 2018 at 7 p.m. in City Council Chambers, and that it take effect 15 days after final publication.” Or, “I move to postpone indefinitely Council Bill No. 02-2018 - an ordinance extending the temporary moratorium on the submission, acceptance, processing, and approval of applications and requests for a permit, license, land use approval or other approval for a freestanding emergency room facility for the following reason(s) ______________________.” Council Action Form – Extend Moratorium of Freestanding ERs January 8, 2018 Page 3 REPORT PREPARED/REVIEWED BY: Carmen Beery, City Attorney’s Office Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No. 02-2018 ATTACHMENT 1 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER HOPPE Council Bill No. 02 Ordinance No. _______ Series 2018 TITLE: AN ORDINANCE EXTENDING THE TEMPORARY MORATORIUM ON THE SUBMISSION, ACCEPTANCE, PROCESSING, AND APPROVAL OF APPLICATIONS AND REQUESTS FOR A PERMIT, LICENSE, LAND USE APPROVAL OR OTHER APPROVAL FOR A FREESTANDING EMERGENCY ROOM FACILITY WHEREAS, the City of Wheat Ridge (“City”) is a home rule municipality operating under a charter adopted pursuant to Article XX of the Colorado Constitution and vested with the authority by that article and the Colorado Revised Statutes to enact laws to govern and regulate the use of land within its territory; and WHEREAS, pursuant to this authority, the Wheat Ridge City Council (“Council”) previously adopted local land use regulations, codified as Chapter 26 of the Wheat Ridge Code of Laws (“Code”); and WHEREAS, City staff has interpreted the City’s current zoning regulations as permitting freestanding emergency room facilities to locate within the Mixed Use- Commercial and Planned Hospital Development zone districts only; and WHEREAS, the Council finds that freestanding emergency room facilities may cause land use impacts that are different than those caused by other detached health care facilities due to the extended hours that emergency facilities may be open; and WHEREAS, in response to the increase in the number and popularity of freestanding emergency room facilities over the past several years, the Council determined that it was necessary and desirable to examine the City’s zoning laws and business licensing regulations governing freestanding emergency room facilities to ensure that such facilities are appropriately located; and WHEREAS, additionally, the Council and City staff held a reasonable belief that the state legislature might adopt statewide legislation governing freestanding emergency room facilities that could potentially affect the desired parameters of local regulations on the topic; and WHEREAS, as a result, by and through the adoption of Ordinance No. 1595, the Council previously acted to impose a one-year moratorium through April 27, 2017 on the submission, acceptance, processing, and approval of all applications and requests for a permit, license, land use approval or other approval for any freestanding emergency room facility; and 2 WHEREAS, by and through the adoption of Ordinance No. 1616, the Council extended the one-year moratorium through April 27, 2018 on the submission, acceptance, processing, and approval of all applications and requests for a permit, license, land use approval or other approval for any freestanding emergency room facility; and WHEREAS, the state legislature did not adopt such legislation during the 2017 session but Council and City staff have recently learned that the state legislature is considering legislation during the 2018 session; and WHEREAS, the Council therefore finds that it is prudent and desirable to extend the moratorium for an additional one hundred and twenty (120) days, to permit the careful study and evaluation of various local regulatory options with an expectation that such regulations would operate without an additional state regulatory gloss; and WHEREAS, the extension of the moratorium on the submission, acceptance, processing, and approval of all applications and requests for a City permit, license, land use approval or other approval is reasonable in time and scope and would not work an unnecessary hardship upon or unreasonably prejudice any party. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Findings. The above and foregoing findings are hereby incorporated by this reference as specific findings and determinations of the Council. Section 2. Temporary Moratorium Extended. The temporary moratorium imposed on the submission, acceptance, processing, and approval of all applications and requests for a City permit, license, land use approval or other approval for any freestanding emergency room facility originally adopted by Ordinance No. 1616 is hereby extended for an additional one hundred twenty (120) days, to and including August 27, 2018. The extension period adopted hereby shall commence and be measured from the date the original moratorium period expires. The City staff is directed to refuse to accept for filing, and not to further process or review any pending applications or requests for such facilities during this moratorium extension period. Section 3. Definition of freestanding emergency room facility. For purposes of this Ordinance, a “freestanding emergency room facility” is and means a medical facility that is not physically attached to a hospital facility that has the capability of providing medical care and services to patients with emergency medical conditions in a manner similar to emergency rooms located within hospitals. Features of a freestanding emergency room facility may include, but are not limited to, expanded hours of operation, drive-lanes or vehicle bays to accommodate ambulance arrivals and departures, board-certified emergency physicians, board-certified emergency nurses, on-site lab and imaging capabilities and similar equipment, services and treatments not commonly available in urgent-care facilities. 3 Section 4. Staff to Investigate and Prepare Proposed Regulations. Before the expiration of the moratorium period extended by this Ordinance, City staff shall review and analyze the City’s existing regulations governing freestanding emergency room facilities, as directed by the Council, and present any proposed amendments thereto to the Council. The Council declares that it will give due and timely consideration to recommended changes to the Code. Section 5. 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 8th day of January, 2018, 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 January 22, 2018 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 _____________________, 2018. SIGNED by the Mayor on this ________ day of ____________________, 2018. Bud Starker, Mayor ATTEST: Janelle Shaver, City Clerk Approved As To Form Gerald E. Dahl, City Attorney First Publication: Second Publication: Wheat Ridge Transcript Effective Date: ITEM NO: DATE: January 8, 2018 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 03-2018 – AN ORDINANCE AMENDING CHAPTER 7 OF THE WHEAT RIDGE CODE OF LAWS REGARDING ELECTIONS TO ENSURE CONSISTENCY AND COMPATIBILITY WITH THE COLORADO MUNICIPAL ELECTION LAWS PUBLIC HEARING ORDINANCES FOR 1ST READING (01/08/2018) BIDS/MOTIONS ORDINANCES FOR 2ND READING (01/22/2018) RESOLUTIONS QUASI-JUDICIAL: YES NO _______________________________ ______________________________ City Attorney City Manager ISSUE: Amending Chapter 7 of the Code, as it relates to Elections, by deleting those sections which are adequately covered and governed by state law. PRIOR ACTION: None FINANCIAL IMPACT: None BACKGROUND: Staff has determined that it would be prudent to delete those portions of Chapter 7 of the Code, regarding elections, which are sufficiently covered by state law (in C.R.S. 31-10-101 et seq., also known as the "Colorado Municipal Election Code,” as well as related portions of title 1, C. R. S.) This ensures consistency and compatibility with state law, and also removes the need to amend the City Code every time there is a change in these sections of the state law. Council Action Form – Amendments to Chapter 7, Elections January 8, 2018 Page 2 RECOMMENDATIONS: Staff recommends approval of the ordinance. RECOMMENDED MOTION: “I move to approve Council Bill No. 03-2018, an ordinance amending Chapter 7 of the Wheat Ridge Code of Laws regarding elections to ensure consistency and compatibility with the Colorado Municipal Election Laws, on first reading, order it published, public hearing set for Monday, January 22, 2018 at 7:00 p.m. in City Council Chambers, and that it take effect upon adoption and signature of the Mayor and City Clerk.” Or, “I move to postpone indefinitely Council Bill 03-2018, an ordinance amending Chapter 7 of the Wheat Ridge Code of Laws regarding elections to ensure consistency and compatibility with the Colorado Municipal Election Laws for the following reason(s) .” REPORT PREPARED BY: Gerald Dahl, City Attorney Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No. 03-2018 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER __________________ COUNCIL BILL NO. 03 ORDINANCE NO. _________ Series 2018 AN ORDINANCE AMENDING CHAPTER 7 OF THE WHEAT RIDGE CODE OF LAWS REGARDING ELECTIONS TO ENSURE CONSISTENCY AND COMPATIBILITY WITH THE COLORADO MUNICIPAL ELECTION LAWS 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, the City Council (the “Council”) has authority pursuant to the Home Rule Charter and C.R.S. §31-16-101, et seq. to adopt and enforce all ordinances; and WHEREAS, pursuant to that authority, the City has previously enacted Chapter 7 of the Code of Laws of the Code of Wheat Ridge, Colorado (the “Code”) to govern elections within the City; and WHEREAS, C.R.S. 31-10-101 et seq., also known as the "Colorado Municipal Election Code,” as well as related portions of title 1, C. R. S., govern many aspects of the conduct of elections held within the City; and WHEREAS, the Council now finds it efficient and desirable to streamline its Code regarding elections by repealing certain sections of Chapter 7, which are adequately covered and governed by state election laws, specifically those portions concerning reporting requirements, filing and timeliness requirements, violations and penalties, and automatic recount. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. The following sections of Chapter 7 are hereby repealed: Section 7-5 - Reporting requirements; candidates; Section 7-6 - Reporting requirements; persons; Section 7-7 - Filing; where to file; timeliness; Section 7-9 - Violations; penalties; and Section 7-11 – Automatic recount. Section 2. The remaining sections of Chapter 7 are renumbered accordingly. Section 3. Severability, Conflicting Ordinances Repealed. If any section, subsection or clause of this Ordinance shall be deemed to be unconstitutional or otherwise ATTACHMENT 1 invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 4. Effective Date. This Ordinance shall take effect upon adoption and signature by the Mayor and City Clerk, as permitted by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of ___ to ___ on this 8th day of January, 2018, 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 January 22, 2018 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 _____ day of ______________, 2018. SIGNED by the Mayor on this _____ day of ____________, 2018. _________________________ Bud Starker, Mayor ATTEST: _________________________ Janelle Shaver, City Clerk Approved as to Form _________________________ Gerald E. Dahl, City Attorney First Publication: Second Publication: Wheat Ridge Transcript Effective Date: Published: Wheat Ridge Transcript and www.ci.wheatridge.co.us