HomeMy WebLinkAboutCity Council Agenda Packet 01-14-19 AGENDA
CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING January 14, 2019 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 MINUTES of November 26, 2018 and December 10, 2018 and Study Session Notes of December 3, 2018 and December 17, 2018
PROCLAMATIONS AND CEREMONIES National Radon Action Month Proclamation for 50th Anniversary Recognizing WRPD Commemorative Badge for 2019 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 an Agenda Item, please sign the GENERAL AGENDA ROSTER. c. Citizens who wish to speak on a Public Hearing item, please sign the PUBLIC
HEARING ROSTER before the item is called to be heard.
d. Citizens who wish to speak on Study Session Agenda Items, please sign the STUDY SESSION AGENDA ROSTER.
APPROVAL OF AGENDA
CITY COUNCIL AGENDA: January 14, 2019 Page -2-
1. CONSENT AGENDA a. Motion to approve quarterly payments to the Jefferson County
Communications Authority for E-911 Call-Taking and Police Radio Dispatch
Services not to exceed $645,742 for 2019 b. Resolution No. 01-2019 – approving an amended Police Recruit Training Agreement to provide Law Enforcement Academy Training for nine Wheat Ridge Police Recruits at the Combined Regional Academy
c. Resolution No. 02-2019- approving an Intergovernmental Agreement between
the City of Lakewood and the City of Wheat Ridge for Crime Lab/Crime Scene Services PUBLIC HEARINGS AND ORDINANCES ON SECOND READING
2. Council Bill 32-2018 –approving the Rezoning of Property located at 6985 W. 38th Avenue from Commercial-One (C-1) to Mixed Use-Neighborhood (MU-N) (Case No. WZ-18-21/Barta)
3. Council Bill 33-2018 – approving a zone change from Agricultural-One (A-1) to
Planned Residential Development (PRD) with an Outline Development Plan (ODP) for property located at 4440 Tabor Street (Case No. WZ-18-15/Clear Creek Terrace)
4. Council Bill 34-2018 – approving the sale of designated park land at the
Intersection of West 38th Avenue and Johnson Street and, in connection therewith, authorizing execution of an agreement for said sale DECISIONS, RESOLUTIONS AND MOTIONS
5. Resolution No. 05-2019 – amending the Fiscal Year 2019 General Fund Budget to reflect the approval of a Supplemental Budget Appropriation for the purpose of accepting a Department of Justice Grant and Authorizing Expenditure of Funds for the purchase of Body Worn Cameras in the amount of $90,000
6. Resolution No. 03-2019 – concerning the Acquisition and Acceptance of Private Property for the purpose of constructing, installing, maintaining, and using Public Improvements for Improving Ridge Road by either negotiation and voluntary purchase or, if necessary, through the utilization of the City’s Power of Eminent
Domain, and authorizing such action as necessary to accomplish said purposes
7. Resolution No. 04-2019 – concerning the acquisition and acceptance of private property for the purpose of constructing, installing, maintaining, and using Public Improvements for improving Wadsworth Boulevard by either negotiation and
voluntary purchase or, if necessary, through the utilization of the City’s Power of
Eminent Domain, and authorizing such action as necessary to accomplish said purposes
CITY COUNCIL AGENDA: January 14, 2019 Page -3-
CITY MANAGER’S MATTERS CITY ATTORNEY’S MATTERS
ELECTED OFFICIALS’ MATTERS ADJOURNMENT
ITEM NO: DATE: January 14, 2019 REQUEST FOR CITY COUNCIL ACTION
TITLE: MOTION TO APPROVE QUARTERLY PAYMENTS TO THE
JEFFERSON COUNTY COMMUNICATIONS AUTHORITY
FOR E-911 CALL-TAKING AND POLICE RADIO DISPATCH SERVICES NOT TO EXCEED $645,742 FOR 2019 PUBLIC HEARING ORDINANCES FOR 1ST READING
BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO
_______________________________ ______________________________ Chief of Police City Manager ISSUE:
The Police Department is requesting authorization of payment to the Jefferson County Communications Authority (Jeffcom) in the amount of $645,742, to be paid in quarterly amounts. This amount is the City’s 2019 share of costs for the regional call-taking and dispatch center for police and fire agencies in Jefferson County.
PRIOR ACTION: The City entered into an Intergovernmental Agreement (IGA) to provide for a regional communications authority for E-911 and police radio dispatching services on March 28, 2016. City Council subsequently approved a Dispatcher Transition and License Agreement on
December 11, 2017, and approved the Member Services Agreement on February 26, 2018.
FINANCIAL IMPACT: The City is responsible for 6.1% of the operating costs for Jeffcom, which is $645,742 in 2019, to be paid in quarterly payments of $161,435.50. These costs were anticipated and were
included in the 2019 Police Department General Fund Budget, under account number
01-201-700-750 (Police Administration).
Council Action Form – Motion to Approve Jeffcom Quarterly Payments
January 14, 2019
Page 2 BACKGROUND: Discussions regarding a regional communications authority to provide E-911 and dispatch radio
services began in 2009, when chief law enforcement representatives in Jefferson County agreed to examine the consolidation and regionalization of services that would benefit the agencies and community. Two consultant studies were conducted to examine whether consolidation of E-911 centers were beneficial to each agencies community. Both studies concluded that there was
significant opportunity to enhance services to citizens, both financially and from a service-level
perspective. During these discussions, a combination of sources were identified to fund Jeffcom. These funding sources included member agencies, fees collected from service users, and contributions
from the Jefferson County Emergency Communications Authority (JCECA). An IGA was
subsequently approved by each member agency in early 2016. The IGA outlines a funding formula termed the Equitable Sharing Cost Allocation Funding Formula. The formula includes standardized staffing costs, taking into account the costs expended by each Member to provide its own emergency services communications and dispatching center. The formula includes costs
for supplies, services, equipment, maintenance and reserve funding, as well as employee salaries,
benefits and training. Per the IGA, the City is responsible for 6.1% of the operating costs for Jeffcom, which equates to $645,742 in 2019. This amount is divided into quarterly installments of $161,435.50.
E-911 call-taking and police dispatching services transitioned to Jeffcom on March 22, 2018,
with the last agencies transitioning in April, 2019. RECOMMENDATIONS: Staff recommends that council approve and allow administrative payment of the quarterly
2019 Jeffcom payments, not to exceed a total of $645,742.
RECOMMENDED MOTION: “I move to approve quarterly payments to the Jefferson County Communications Authority for E-911 call-taking and police radio dispatch services not to exceed a total of $645,742 for 2019.”
Or, “I move to deny quarterly payments to the Jefferson County Communications Authority for E-911 call-taking and police radio dispatch services not to exceed a total of $645,742 for 2019 for
the following reason(s) .”
REPORT PREPARED/REVIEWED BY: Daniel Brennan, Chief of Police Patrick Goff, City Manager
ATTACHMENTS: 1. 2019 first quarter invoice from Jeffcom
ATTACHMENT 1
ITEM NO: DATE: January 14, 2019 REQUEST FOR CITY COUNCIL ACTION
TITLE: RESOLUTION NO. 01-2019 – A RESOLUTION APPROVING
AN AMENDED POLICE RECRUIT TRAINING
AGREEMENT TO PROVIDE LAW ENFORCEMENT ACADEMY TRAINING FOR NINE 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 to train new recruit police officers beginning January 14, 2019. PRIOR ACTION: The City of Lakewood requires a new agreement be signed for each recruit academy class. A similar agreement was approved by City Council on July 25, 2018. FINANCIAL IMPACT: The costs associated with sending a police recruit to the Jefferson County Sheriff’s Office and
Lakewood Police Department Combined Regional Academy is $6,000. The total cost of training the nine recruits is $54,000, payable to the Lakewood Police Department. These fees are included in the 2019 Budget. 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
Council Action Form – Police Recruit Training Agreement
January 14, 2019
Page 2 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 2019 class, staff has reserved space for nine police recruits to fill current position vacancies, including new positions approved by City Council for 2019, and to
allow for attrition, which is likely to occur within the next six months.
Lastly, the City of Lakewood has changed the term of the agreement to five (5) years. Previously, an agreement was required for every recruit academy class. RECOMMENDATIONS:
Staff recommends approval of this Police Recruit Training Agreement. RECOMMENDED MOTION: “I move to approve Resolution No. 01-2019, a resolution approving an amended Police Recruit
Training Agreement to provide law enforcement academy training for nine Wheat Ridge Police
recruits at the Combined Regional Academy.” Or,
“I move to postpone indefinitely Resolution No. 01-2019, a resolution approving an amended
Police Recruit Training Agreement to provide law enforcement academy training for nine 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. 01-2019
2. 2019 Recruit Training Agreement
CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 01
Series of 2019
TITLE: A RESOLUTION APPROVING AN AMENDED POLICE RECRUIT TRAINING AGREEMENT TO PROVIDE LAW ENFORCEMENT ACADEMY TRAINING FOR NINE 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 nine 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 Wheat Ridge City Council, that:
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
ATTACHMENT 1
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 14th day of January, 2019.
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 14th day of January, 2019 (the “Effective Date”), by and between the CITY OF LAKEWOOD, a Colorado home rule municipal corporation whose principal business address is
480 South Allison Parkway, Lakewood, Colorado 80226 (“Lakewood”), on behalf of itself and Jefferson County, Colorado (the “County”), and CITY OF WHEAT RIDGE, a municipal corporation of the State of Colorado, with offices at 7500 West 29th Avenue, Wheat Ridge, CO 80033
(“Agency”).
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 its police recruits (“Recruits”) attend Academy classes during the term of this Agreement, the number of such Recruits attending each Academy, and associated costs, to be agreed by the parties as set forth in Exhibit A attached hereto; 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 five (5) years 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. Number of Recruits, Payment. Agency and Lakewood will agree on the number of Agency Recruits, if any, who will attend each Academy. Not later than fifteen (15) days prior to the commencement of an Academy, Agency shall pay to Lakewood the amount set forth in Exhibit A for the number of Agency Recruits that will attend.
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 employees of Agency and as such are not eligible for any salary or benefits from Lakewood or the County.
ATTACHMENT 2
Page 2 of 5
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 or any other rights, immunities or protections, provided by the Colorado Governmental Immunity Act, C.R.S. §§ 24-10-101, et seq., as amended, or otherwise available to the parties and their officers or employees.
9. General Provisions.
a. Integration, Amendment of Exhibit. This Agreement, including Exhibit A, which is incorporated herein by reference, 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 shall not be enlarged, modified, altered or extended, except in writing, signed by the parties and endorsed herein. For the avoidance of doubt, the parties agree that Exhibit A may be amended from time to time in a writing signed by the Chiefs of Police of Lakewood and Agency. 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.
e. Authority. This instrument shall not constitute an agreement until accepted, in writing by the duly authorized representative of Lakewood and Agency.
Page 3 of 5
f. Current Expenditures. Financial obligations of the parties after the current fiscal year are contingent on funds for that purpose being appropriated, budgeted and otherwise
made available by each party’s City Council. The parties’ obligations under the Agreement shall be from year to year only and shall not constitute a multiple-fiscal year direct or indirect debt or other financial obligation of either party within the meaning of Article X, Section 20 of the Colorado Constitution.
g. Counterparts; Electronic Disposition. 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. 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.
[Remainder of page intentionally blank – signatures follow.]
Page 4 of 5
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:
______________________________________ Jennifer S. Roth, Deputy City Attorney-Criminal
CITY OF WHEAT RIDGE
Bud Starker, Mayor ATTEST:
Signature
Janelle Shaver, City/Town Clerk APPROVED AS TO LEGAL FORM:
Signature
Gerald Dahl, City Attorney
Page 5 of 5
EXHIBIT A Number of Agency Recruits and Payment Amount
Academy commencement date: January 14, 2019 Number of Agency Recruits attending: 9 Amount per Agency Recruit payable to Lakewood: $6,000 Total amount payable from Agency to Lakewood for Recruit training: $54,000
ITEM NO:
DATE: January 14, 2019
REQUEST FOR CITY COUNCIL ACTION
TITLE: RESOLUTION NO. 02-2019 – A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF LAKEWOOD AND THE CITY OF WHEAT RIDGE FOR CRIME LAB/CRIME SCENE SERVICES
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 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. This agreement has been rewritten to be a five (5) year agreement rather than the one (1) year agreement it has been in the past.
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. This agreement has
been successful over the past 12 1/2 years and it is recommended the agreement to be continued for the period between January 1, 2019 and December 31, 2023. 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 for 2019.
Council Action Form – Lakewood Crime Lab IGA
January 14, 2019
Page 2 Preliminary overtime costs have been estimated at $6,840, bringing the total 2019 personnel
costs to $69,840. Additional costs are $1,600 for personnel support (training, cellphone, and
clothing expenses) and the cost of replenishment of supplies consumed in the course of scene analysis, which is absorbed in the Investigations Bureau Operating Supplies budget account. The total 2019 annual cost is $71,440. In comparison, salary and benefits costs for one Wheat Ridge Police senior detective position are $98,155 and estimated overtime costs of $8,000,
bringing the total costs for a sworn detective position to $106,155. This IGA saves the
department approximately $34,715 for 2019. 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.
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 02-2019, a resolution approving an intergovernmental agreement between the City of Lakewood and the City of Wheat Ridge for Crime Lab/Crime Scene
Services.”
Or, “I move to postpone indefinitely Resolution 02-2019, a resolution approving an
intergovernmental 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 14, 2019
Page 3 ATTACHMENTS: 1. Resolution 02-2019
2. Intergovernmental Agreement between City of Lakewood and City of Wheat Ridge
CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 02
Series of 2019 TITLE: A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF LAKEWOOD AND THE CITY OF WHEAT RIDGE FOR CRIME LAB/CRIME
SCENE SERVICES
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 City Council of the City of Wheat Ridge, Colorado, 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 years 2019 through 2023, 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
DONE AND RESOLVED this 14th day of January 2019.
Bud Starker, Mayor ATTEST:
Janelle Shaver, City Clerk
ATTACHMENT 2
ITEM NO: DATE: January 14, 2019 REQUEST FOR CITY COUNCIL ACTION
TITLE: COUNCIL BILL NO. 32-2018 – AN ORDINANCE APPROVING THE REZONING OF PROPERTY LOCATED AT 6985 W. 38TH
AVENUE FROM COMMERCIAL-ONE (C-1) TO MIXED USE-
NEIGHBORHOOD (MU-N) (CASE NO. WZ-18-21/BARTA)
PUBLIC HEARING ORDINANCES FOR 1ST READING (11/26/2018) BIDS/MOTIONS ORDINANCES FOR 2ND READING (01/14/2019) RESOLUTIONS
QUASI-JUDICIAL: YES NO
_______________________________ ______________________ Community Development Director City Manager ISSUE: The applicant is requesting approval of a zone change from Commercial-One (C-1) to Mixed Use-Neighborhood (MU-N) for property located at 6985 W. 38th Avenue. The proposed rezoning area includes one parcel, the total size of which is approximately one-sixth
of an acre. The existing building contains four (4) residential units on the second floor and commercial space on the first floor. This is the historical condition and is considered legally non-conforming under the C-1 zoning. The rezone to MU-N, if approved, would legalize the existing configuration.
PRIOR ACTION: Planning Commission heard the request at a public hearing on November 15, 2018, and recommended approval. The staff report and meeting minutes from the Planning Commission meeting are attached.
FINANCIAL IMPACT: The proposed zone change is not expected to have a direct financial impact on the City. Fees in the amount of $845 were collected for the review and processing of Case No. WZ-18-21. Additional fees will be collected for the proposed renovation work, which requires building permits.
Council Action Form – Rezoning Property at 6985 W. 38th Ave from C-1 to MU-N
January 14, 2019
Page 2 BACKGROUND: The subject property is located at 6985 W. 38th Avenue. The property is approximately a sixth of
an acre in size and is located on the north side of W. 38th Avenue between Reed Street and Pierce Street. Currently the property contains one structure, a two-story building containing retail/office spaces on the first floor and four apartments on the second floor. The building was built in 1950, per the Jefferson County Assessor. There is a parking area in the front of the building and more
spaces, plus an alley/trash collection area, behind it. The building is physically attached to the
neighboring building on the east side, 6915 W. 38th Avenue, which is common for older commercial buildings, particularly on W. 38th Avenue. Surrounding Land Uses
The property is currently zoned Commercial-One (C-1). Most properties along W. 38th Avenue
between Wadsworth Boulevard and Sheridan Boulevard are zoned Mixed Use – Neighborhood (MU-N) as a result of a legislative rezoning in 2012, but the property owner at the time opted out of the MU-N zoning. The surrounding businesses include restaurants, bars, offices, and a gas station.
Current and Proposed Zoning The property is currently zoned Commercial-One (C-1), which provides for a wide range of commercial land uses including office, general business, and retail sales and service establishments. Residential uses can be located in C-1 but must be accessory to a primary use.
The applicant is requesting the property be rezoned to Mixed Use-Neighborhood, a zone district intended to provide medium density mixed-use development. In addition to residential and office uses, it allows for a range of neighborhood-serving commercial and retail uses.
Referral Process
The case has been through a standard referral process. All referral agencies are currently serving the property and have no objections to the request. RECOMMENDATIONS: The application in this case is for the rezoning of property. This action is quasi-judicial,
and as a result, the applicant is entitled to a public hearing on the application. As Council is aware, rezoning in Wheat Ridge is accomplished by ordinance (Charter Sec. 5.10; Code Section 26-112). Ordinances require two readings, and by Charter, the public hearing takes
place on second reading.
Per City Code, the City Council shall use the criteria in Section 26-112 of the code to evaluate the applicant’s request for a zone change. A detailed staff report is enclosed with this criteria analysis, as well as additional information on the existing conditions and zone districts. As detailed in the
attached staff report, staff is ultimately recommending approval of this request.
Council Action Form – Rezoning Property at 6985 W. 38th Ave from C-1 to MU-N
January 14, 2019
Page 3 RECOMMENDED MOTION: “I move to approve Council Bill No. 32-2018 an ordinance approving the rezoning of property
located at 6985 W. 38th Avenue from Commercial-One (C-1) to Mixed Use – Neighborhood (MU-N) for the following reasons: 1. The Planning Commission has recommended approval of the rezoning after conducting a
proper public hearing.
2. The proposed rezoning has been reviewed by the Community Development Department, which has forwarded its recommendation of approval. 3. The proposed rezoning has been found to comply with the “criteria for review” in Section 26-112.E of the Code of Laws.”
Or, “I move to deny Council Bill No. 32-2018 an ordinance approving the rezoning of property located at 6985 W. 38th Avenue from Commercial-One (C-1) to Mixed Use – Neighborhood (MU-
N) 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: Scott Cutler, Planner II
Kenneth Johnstone, Community Development Director Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No. 32-2018
2. Planning Commission Staff Report 3. Planning Commission Draft Meeting Minutes
CITY OF WHEAT RIDGE INTRODUCED BY COUNCIL MEMBER URBAN
COUNCIL BILL NO. 32 ORDINANCE NO. _________ Series of 2018 TITLE: AN ORDINANCE APPROVING THE REZONING OF
PROPERTY LOCATED AT 6985 W. 38th AVENUE FROM COMMERCIAL-ONE (C-1) TO MIXED USE-NEIGHBORHOOD (MU-N) (CASE NO. WZ-18-21 / BARTA HOUSE) 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, Barta House LLLP has submitted a land use application for approval of a zone change to the Mixed Use-Neighborhood zone district for property located at 6985 W. 38th Avenue; and,
WHEREAS, the City of Wheat Ridge has adopted a comprehensive plan—
Envision Wheat Ridge—which calls for a mix of land uses and high quality urban form on W. 38th Avenue; and,
WHEREAS, the zoning will bring the property into conformance with the
surrounding zoning on the corridor; and, WHEREAS, the City of Wheat Ridge Planning Commission held a public hearing on November 15, 2018 and voted to recommend approval of rezoning the property to
Mixed Use-Neighborhood (MU-N), NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO:
Section 1. Upon application by Barta House LLLP for approval of a zone
change ordinance from Commercial-One (C-1) to Mixed Use-Neighborhood (MU-N) for property located at 6985 W. 38th Avenue, and pursuant to the findings made based on testimony and evidence presented at a public hearing before the Wheat Ridge City Council, a zone change is approved for the following described
land:
PARCEL A: THE EAST 34 FEET OF LOT 1 AND THE WEST 12 FEET OF THE W ½ OF LOT 10, BLOCK NO. 1 OF HOLLEY SUBDIVISION, COUNTY OF JEFFERSON,
STATE OF COLORADO.
ATTACHMENT 1
PARCEL B: TOGETHER WITH AND EASEMENT ACROSS THE NORTH 15 FEET OF THE
WEST 100 FEET OF SAID LOT 1 AS GRANTED BY INSTRUMENT
RECORDED APRIL 17, 1950 IN BOOK 669 AT PAGE 216, 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 8 to 0 on this 26th day of November, 2018, ordered it published with Public Hearing and consideration on final passage set for Monday, January 14, 2019 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 ___________, 2019.
SIGNED by the Mayor on this _______ day of _______________, 2019.
______________________________________ Bud Starker, Mayor
ATTEST: _______________________________________
Janelle Shaver, City Clerk
Approved as to Form
_______________________________________ Gerald Dahl, City Attorney
1st publication: November 29, 2018 2nd publication: Wheat Ridge Transcript:
Effective Date:
Planning Commission 1Case No. WZ-18-21 / Barta
CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT
TO: Planning Commission MEETING DATE: November 15, 2018
CASE MANAGER: Scott Cutler
CASE NO. & NAME: WZ-18-21 / Barta
ACTION REQUESTED: Approval of a zone change from Commercial-One (C-1) to Mixed Use-Neighborhood (MU-N).
LOCATION OF REQUEST: 6985 W. 38th Avenue
APPLICANT (S): Joshua Andert & Weston Gouger
OWNER (S): Barta House LLLP
APPROXIMATE AREA: 6,900 square feet (0.158 acres)
PRESENT ZONING: Commercial-One (C-1)
COMPREHENSIVE PLAN: Main Street Corridor
ENTER INTO RECORD: (X) CASE FILE & PACKET MATERIALS (X) COMPREHENSIVE PLAN (X) ZONING ORDINANCE (X) DIGITAL PRESENTATION
Location Map
Site
ATTACHMENT 2
Planning Commission 2 Case No. WZ-18-21 / Barta
JURISDICTION: All notification and posting requirements have been met; therefore, there is jurisdiction to hear this case.
I. REQUEST The owners of the property at 6985 W. 38th Avenue are requesting approval of a zone change from Commercial-One (C-1) to Mixed Use-Neighborhood (MU-N). The zone change will allow the
property to match the zoning of the surrounding properties and allow the building’s existing
nonconforming uses to comply with the zoning. II. EXISTING CONDITIONS
The subject property is located at 6985 W. 38th Avenue. The property is approximately a sixth of an
acre in size and located on the north side of 38th Avenue between Reed Street and Pierce Street. It consists of two parcels, parts of Lot 1 and Lot 10 of the Holley Subdivision which was originally platted in 1937. The property contains one structure, a two-story building containing retail/office spaces on the first floor and four apartments on the second floor (Exhibit 1, Aerial). The building was
built in 1950, per the Jefferson County Assessor. There is a parking area in the front of the building,
and more spaces plus an alley/trash area behind it. The building is physically attached to the neighboring building on the east side, 6915 W. 38th Avenue, which is common for older commercial buildings, particularly on W. 38th Avenue.
The property is zoned Commercial-One (C-1). Most properties along 38th Avenue between Wadsworth
and Sheridan are zoned Mixed Use – Neighborhood (MU-N) as a result of a legislative rezoning in 2012, but the property owner at the time opted out of the MU-N zoning (Exhibit 2, Zoning Map). The surrounding businesses include restaurants, bars, offices, and a gas station.
III. PROPOSED ZONING
The property is currently zoned Commercial-One (C-1). This zone district was established to provide for a wide range of commercial land uses, including office, general business, and retail sales and service establishments. Residential uses can be located in the C-1 zone district, but must be accessory
to a primary use and are limited by Section 26-626 of the zoning code (Residential uses in commercial
zones; conditions). Based on this code section, the current apartments exceed the allowance for residential uses in the C-1 zone district, but they have existed since the building’s construction in 1950 and are therefore legally nonconforming.
The applicant has proposed to rezone the property from C-1 to Mixed Use – Neighborhood (MU-N) to
bring the existing building into compliance with the zoning code, allow for parking requirements to be reduced slightly in case a restaurant were to occupy one or both of the retail spaces, and better facilitate shared parking agreements in the area (Exhibit 3, Applicant Letter). The applicant has purchased the property and regardless of the zone change, they plan to fully renovate the building, exterior and
interior. In addition to residential and office uses, the MU-N zone district allows for a range of
neighborhood-serving commercial and retail uses. The following table compares the existing and proposed zoning for the property, with standards for new development or major additions. The development standards are similar in terms of architectural
Planning Commission 3 Case No. WZ-18-21 / Barta
requirements and build-to/setbacks. In terms of permitted uses, MU-N allows commercial and residential uses whereas the C-1 zone allows only commercial uses with highly restricted residential uses as an accessory use. The C-1 is slightly more permissive in allowing more intense commercial uses, but in this case the dimensions of the property are a limiting factor. In terms of residential uses,
MU-N would legitimize the existing apartments which exceed the allowances of the C-1 zone district
but have existed since the building was built. MU-N does not prescribe the number of residential units that are permitted; they are limited by the charter cap and feasibility of development on the site.
CURRENT ZONING
Commercial-One (C-1) PROPOSED ZONING Mixed Use-Neighborhood (MU-N)
Uses Allows a wide range of commercial uses with very limited residential accessory uses
Allows residential, commercial or mixed use – includes multi-family and live/work facilities
Architectural Standards Architectural and Site Design Manual Mixed-Use standards apply, including high quality architecture, standards related to articulation, variation and materials.
Max. Building Height 50’ 35’ if the building has residential use 50’ for all other uses
Max. Lot coverage 80% 90% for mixed use 85% for single use
Min. Landscaping 20% 10% for mixed use 15% for single use
Build-to Area 0-12’ along front property line (property
is in Traditional Overlay district) 0-12’ along front property line
Setbacks Sides: 5’ per story unless building is masonry, then 0’ Rear: 10’ plus 5’ per additional story
Sides: 0’ Rear: 5’
IV. ZONE CHANGE CRITERIA
Staff has provided an analysis of the zone change criteria outlined in Section 26-112.E. The Planning
Commission shall base its recommendation in consideration of the extent to which the following criteria have been met: 1. The change of zone promotes the health, safety, and general welfare of the community and will not result in a significant adverse effect on the surrounding area.
The MU-N zone district would allow the property owner to bring the building into compliance with its assigned zone district and allow the zoning to match that of all of the surrounding properties on the corridor. The existing apartments, which are currently legally non-conforming, would become
conforming under the MU-N zoning. The applicant plans to renovate the existing building, so no
new development is proposed as part of this application. No additional apartments could be added due to density limitations. For that reason, the zone change should not have an adverse effect on the surrounding area. Based
on the small size of the property, many of the more intensive permitted uses in MU-N zone district
are unrealistic (such as large apartment buildings or intensive commercial uses). In addition, any MU-N building containing a residential use is limited to 35 feet in height. Commercially-zoned properties (RC, C-1, and NC) may contain buildings up to 50 feet in height.
Planning Commission 4 Case No. WZ-18-21 / Barta
The design standards for MU-N are stricter than for other commercial zones, including setbacks, landscaping buffers, and architecture. Staff concludes that this criterion has been met.
2. Adequate infrastructure/facilities are available to serve the types of uses allowed by the change of zone, or the applicant will upgrade and provide such where they do not exist or are under capacity. Adequate infrastructure currently serves the property. All responding agencies have indicated they can serve the property. In the event that the current utility capacity is not adequate for a future use,
the property owner/developer would be responsible for utility upgrades. A building permit review
will be required for any modifications to the existing building, and will ensure compliance with current Building Codes, as well as the Fire Code. Staff concludes that this criterion has been met.
3. The Planning Commission shall also find that at least one (1) of the following conditions exists:
a. The change of zone is in conformance, or will bring the property into conformance, with the City of Wheat Ridge comprehensive plan goals, objectives and policies, and other related policies or plans for the area. W. 38th Avenue is a primary east-west corridor in the City, is classified as a major arterial, and
is predominantly commercial in character, with residential uses sprinkled throughout. Envision
Wheat Ridge, the City’s 2009 comprehensive plan, identifies this corridor as a Main Street Corridor (Exhibit 4, Comprehensive Plan). This designation envisions a pedestrian-friendly main street environment that emphasizes Wheat Ridge’s historic and hometown character. The comprehensive plan notes the importance of small-scale mixed-use infill and redevelopment
between Wadsworth Boulevard and Pierce Street, where this site is located.
A stated goal in the comprehensive plan is to promote reinvestment in property and to promote a mix of neighborhood supporting uses. This zone change request supports the comprehensive plan by enabling investment in the property and by aligning the zoning with the City’s mixed-
use goals for this corridor.
The 38th Avenue Corridor Plan, adopted in 2011, identifies this portion of the corridor as the Main Street subdistrict. The vision for this subdistrict is to have “small shops, restaurants, and services at the ground floor with residences and office space on upper floors,” and the zone
change and very much supports this vision.
Staff concludes that this criterion has been met. b. The existing zone classification currently recorded on the official zoning maps of the City of Wheat Ridge is in error.
Staff has not found any evidence of an error with the current C-1 zoning designation as it appears on the City zoning maps. As noted above, the City allowed an opt-out period after the
Planning Commission 5 Case No. WZ-18-21 / Barta
2012 legislative rezoning and the prior property owner was among a handful of those who opted-out of the MU-N and retained their existing zoning—in this case C-1. Staff concludes that this criterion is not applicable.
c. A change of character in the area has occurred or is occurring to such a degree that it is in the public interest to encourage redevelopment of the area or to recognize the changing character of the area.
Staff believes the existing C-1 zoning on the property does not accurately represent the uses of
the property, nor the mixed-use nature of the 38th Avenue corridor. Based on recent projects along 38th Avenue in the MU-N zone district, both residential and commercial, Staff concludes that there are changed conditions which make this property undesirable to be limited to purely a commercial zoning designation.
Staff concludes that this criterion has been met. d. The proposed rezoning is necessary in order to provide for a community need that was not anticipated at the time of the adoption of the City of Wheat Ridge comprehensive plan.
The proposed rezoning does not relate to an unanticipated need. Staff concludes that this criterion is not applicable.
Staff concludes that the criteria used to evaluate zone change support this request. V. PUBLIC NOTICING
Prior to submittal of an application for a zone change, the applicant is required to hold a neighborhood
input meeting in accordance with the requirements of section 26-109. A meeting for neighborhood input was held on October 11, 2018. Four members of the public attended the meeting in addition to the applicant and staff. In general, the attendees were supportive of the
request and the proposed investments. (Exhibit 6, Neighborhood Meeting Notes).
As of the date of distribution of this staff report, November 9, 2018, the City has not received additional comments or inquiries from surrounding property owners. VI. AGENCY REFERRAL
All affected service agencies were contacted for comment on the zone change request and regarding the ability to serve the property. Specific referral responses follow:
Wheat Ridge Public Works Department: No comments.
Wheat Ridge Building Division: No comments. All review of the proposed building renovations will take place at time of building permit submittal.
Planning Commission 6 Case No. WZ-18-21 / Barta
West Metro Fire Protection District: No concerns. Building permits are subject to review by West Metro. Xcel Energy: No concerns.
Century Link: No concerns. Comcast Cable: No comments.
Wheat Ridge Water District: No comments.
Wheat Ridge Sanitation District: No comments. VII. STAFF CONCLUSIONS AND RECOMMENDATION
Staff concludes that the proposed zone change promotes the health, safety and general welfare of the community and will not result in a significant adverse effect on the surrounding area. Staff further concludes that utility infrastructure adequately serves the property, and the applicant will be responsible for upgrades, if needed in the future. Finally, Staff concludes that the zone change is
consistent with the goals and objectives of the Comprehensive Plan by promoting a mix of uses along
38th Avenue. Because the zone change evaluation criteria support the zone change request, staff recommends approval of Case No. WZ-18-21.
VIII. SUGGESTED MOTIONS Option A: “I move to recommend APPROVAL of Case No. WZ-18-21, a request for approval of a zone change
from Commercial-One (C-1) to Mixed Use-Neighborhood (MU-N) for property located at 6985 W.
38th Avenue, for the following reasons: 1. The proposed zone change will promote the public health, safety, or welfare of the community and does not result in an adverse effect on the surrounding area.
2. Utility infrastructure adequately services the property.
3. The proposed zone change is consistent with the goals and objectives of the City’s Comprehensive Plan and subarea plan and consistent with the character of 38th Avenue. 4. The zone change will provide additional opportunity for reinvestment in the area. 5. The criteria used to evaluate a zone change supports the request.
6. The mixed-use zoning will bring the existing mixed-use building into compliance with the zone
district in which it is located.” Option B: “I move to recommend DENIAL of Case No. WZ-18-21, a request for approval of a zone change from
Commercial-One (C-1) to Mixed Use-Neighborhood (MU-N) for property located at 6985 W. 38th
Avenue, for the following reasons: 1. 2. …”
Planning Commission 7 Case No. WZ-18-21 / Barta
Note: Aerial distortions create the false impression that the building is outside of the property line.
EXHIBIT 1: AERIAL
Planning Commission 8 Case No. WZ-18-21 / Barta
EXHIBIT 2: ZONING MAP
Planning Commission 9 Case No. WZ-18-21 / Barta
EXHIBIT 3: APPLICANT LETTER
Planning Commission 10 Case No. WZ-18-21 / Barta
The following in an excerpt from the Structure Map within the Comprehensive Plan.
EXHIBIT 4: COMPREHENSIVE PLAN
Subject Property
Main Street Corridor
(38th Avenue)
Planning Commission 11 Case No. WZ-18-21 / Barta
EXHIBIT 5: SITE PHOTOS
View of the subject property looking north across W. 38th Avenue. The yellow Public Notice sign can be seen in the window. The neighboring buildings can be seen to the left and right, which are on
separate properties zoned MU-N.
View of the property looking northeast, showing the side of the building with the apartment windows on the second floor. The site is currently in disrepair but is proposed to be renovated by the applicant.
Planning Commission 12 Case No. WZ-18-21 / Barta
NEIGHBORHOOD MEETING NOTES Meeting Date: October 11, 2018
Attending Staff: Scott Cutler, Planner I
Location of Meeting: Wheat Ridge Municipal Building
Property Address: 6985 W. 38th Avenue
Property Owner(s): Barta Family (Applicant has property under contract)
Applicant: Joshua Andert
Applicant Present? Yes
Existing Zoning: Commercial-One (C-1)
Existing Comp. Plan: Main Street Corridor
Existing Site Conditions: The site is located on the north side of W. 38th Avenue between Reed
Street and Quay Street. The property is approximately 6,900 square feet (0.158 acres) and contains a
two-story mixed-use building from 1950, according to the Jefferson County Assessor. The building used to have a dentist office on the first floor, and four apartments on the second floor. It is currently mostly vacant.
The property is zoned Commercial-One (C-1). Most properties along 38th Avenue are zoned Mixed
Use – Neighborhood (MU-N) as a result of a legislative rezoning in 2012, but the property owner at the time opted out. Applicant Preliminary Proposal: The applicant has proposed to rezone the property from C-1 to
MU-N to bring it further into compliance with the zoning code (the number of apartments would not
be allowed under C-1 standards today). They plan to renovate the apartments and refurbish the two commercial tenant spaces on the first floor. They also plan to upgrade the site with parking restriping, landscaping where possible, and façade upgrades. A patio may be built in the future.
The following is a summary of the neighborhood meeting:
• In addition to the applicant and staff, 4 residents from the neighborhood attended the meeting; see
attached sign-up sheets.
EXHIBIT 6: NEIGHBORHOOD MEETING
Planning Commission 13 Case No. WZ-18-21 / Barta
• Staff explained the purpose of the neighborhood meeting, and informed the members of the public of the rezoning process.
• Staff discussed the site, its zoning and land use, and history of the legislative rezoning.
• The applicant presented their proposal and answered further questions, with help from staff.
• The members of the public were informed of their opportunity to make comments during the process and at the required public hearings.
The following issues were discussed regarding the zone change request and proposed future development:
• Can you rezone just one parcel?
Staff explained that a rezoning of one parcel is possible. Because all of the surrounding
properties are already zoned MU-N it would not be considered a spot zone.
• What are the plans for the building? The plan is to keep the uses but to renovate them. There are two tenant spaces on the first floor
that need work, and the existing apartments upstairs also need major repairs.
• What would the parking requirements be? Parking requirements depend on the tenants and use. For example, a restaurant requires more parking than office use. Staff explained the requirement to add an ADA-accessible parking
space at the front, and that a shared parking agreement with nearby properties may be
necessary if a restaurant is added.
• Have tenants been selected? None yet. The applicant was working on acquisitions and renovations before actively pursuing
a tenant. They want an ice cream shop and have also talked to a nearby business owner to
attempt to recruit other complementary small businesses.
• What will the arrangement of the apartment units upstairs be? The units need to be renovated but will remain. The smallest unit is approximately 600 square
feet and the largest is approximately 875 square feet. The applicant noted there were issues
with bad tenants in the past. Units cannot be added because of density restrictions.
• What improvements will be made to the parking lot? The parking lot must be re-striped to accommodate the ADA space, and the applicant believes they can re-stripe the rear parking lot to accommodate 6 spaces, up from the 4 that are
currently there. They also plan to make some landscaping upgrades, perhaps through the use of
planters or fencing.
• How will we know the status of the project? Staff explained the noticing process for the required public hearings and that there would be a
sign posted on the property. Members of the public can contact staff for updates on projects
and permits.
• Since asbestos abatement is required, will the area be safe? Yes, a state permit is required for asbestos abatement/removal. All dumpsters and windows will be covered and only authorized people are permitted on the site during the abatement.
• Staff explained the process specific to the zone change. Site design is not a component of the zone change process and will be handled through a building permit and/or site plan review.
Planning Commission Minutes - 1 – November 15, 2018
PLANNING COMMISSION Minutes of Meeting November 15, 2018
1.CALL THE MEETING TO ORDER
The meeting was called to order by Chair BUCKNAM at 7:00 p.m. in the City Council
Chambers of the Municipal Building, 7500 West 29th Avenue, Wheat Ridge, Colorado.
2.ROLL CALL OF MEMBERS
Commission Members Present:Alan Bucknam
Emery Dorsey
Daniel Larson Janet Leo Scott Ohm Richard Peterson
Amanda Weaver
Vivian Vos
Commission Members Absent: None
Staff Members Present: Lauren Mikulak, Planning Manager Meredith Reckert, Senior Planner Jordan Jeffries, Civil Engineer II Tammy Odean, Recording Secretary
3.PLEDGE OF ALLEGIANCE
4.APPROVE ORDER OF THE AGENDA
It was moved by Commissioner OHM and seconded by Commissioner WEAVER toapprove the order of the agenda. Motion carried 8-0.
5.APPROVAL OF MINUTES – October 18, 2018
It was moved by Commissioner OHM and seconded by Commissioner DORSEY toapprove the minutes of October 18, 2018, as written. Motion carried 7-0-1 withCommissioner WEAVER abstaining.
ATTACHMENT 3
Planning Commission Minutes - 6 –November 15, 2018
B.Case No. WZ-18-21: An application filed by Joshua Andert for approval of a
zone change from Commercial-One (C-1) to Mixed Use-Neighborhood (MU-N)for property located at 6985 West 38th Avenue.
Ms. Mikulak gave a short presentation regarding the zone change and the
application. She entered into the record the contents of the case file, packet
materials, the zoning ordinance, and the contents of the digital presentation. Shestated the public notice and posting requirements have been met, therefore thePlanning Commission has jurisdiction to hear this case.
Commissioner OHM asked if Quality Auto is moving into the property to the west
of the subject site.
Ms. Mikulak said she is not sure of the plans for the future, Quality Auto iscurrently occupying property on the north and south sides of 38th Avenue.
Commissioner LARSON asked why the previous owner opted out of the MU-Nzone change in the past.
Ms. Mikulak said the owners that opted out of the zone change had to submit their
opt-out request in writing but they were not required to give an explanation why.
There could have been a variety of reasons.
Commissioner VOS asked about the current height of the building.
Ms. Mikulak said it is currently two stories and the building pre-dates the City’s
incorporation and so there are no blue prints on file to confirm its exact height.
Commissioner VOS inquired about how many residential units can be in the MU-Nzone district.
Ms. Mikulak explained the City’s density cap in MU-N is 21 units per acre. Sheexplained that what currently exists can remain no matter what the zoning is andcurrently there are 4 units.
Weston Gallagher, applicant
3465 Newland Street, Wheat Ridge
Commissioner Leo asked Mr. Gallagher what the plans are for the 1st floor of thebuilding.
Mr. Gallagher said they are under negotiations to have it be office space.
Commissioner VOS asked if the back of the property is strictly parking.
Planning Commission Minutes - 7 – November 15, 2018
Mr. Gallagher said it is parking and it will continue to be parking. He added the
height of the building is 22 feet in the front and 19 feet in the back.
Commissioner Larson asked if the 4 residential units will stay the same. Mr. Gallagher said they will stay and once renovation are complete they will be
rented out.
Commissioner Peterson and OHM said they are excited to see the building under renovation.
Commissioner LEO asked what the façade will be.
Mr. Gallagher said there will not be too much change but some touch up and rooftop access.
It was moved by Commissioner OHM and seconded by Commissioner
PETERSON to recommend APPROVAL of Case No. WZ-18-21, a request for approval of a zone change from Commercial-One (C-1) to Mixed Use-Neighborhood for property located at 6985 W. 38th Avenue, for the following reasons:
1. The proposed zone change will promote the public health, safety, or welfare of the community and does not result in an adverse effect on the surrounding area. 2. Utility infrastructure adequately services the property. 3. The proposed zone change is consistent with the goals and objectives of
the City’s Comprehensive Plan and subarea plan and consistent with the character of 38th Avenue. 4. The zone change will provide additional opportunity for reinvestment in the area. 5. The criteria used to evaluate a zone change supports the request.
6. The mixed-use zoning will bring the existing mixed-use building into compliance with the zone district in which it is located. Motion carried 8-0.
8. OLD BUSINESS Ms. Mikulak thanked the Commissioners for attending the joint study session for the NRS. She also reminded all that there will be a public open house on Wednesday,
December 12 at the Wheat Ridge Rec Center between 5:30 and 8:00 p.m. to provide
input. The project website will be kept up to date and will include a monthly newsletter. The link is ci.wheatridge.co.us/nrs
ITEM NO: DATE: January 14, 2019 REQUEST FOR CITY COUNCIL ACTION
TITLE: COUNCIL BILL NO. 33-2018 – AN ORDINANCE APPROVING A ZONE CHANGE FROM AGRICULTURAL-ONE (A-1) TO
PLANNED RESIDENTIAL DEVELOPMENT (PRD) WITH AN
OUTLINE DEVELOPMENT PLAN (ODP) FOR PROPERTY
LOCATED AT 4440 TABOR STREET (CASE NO. WZ-18-15/CLEAR CREEK TERRACE) PUBLIC HEARING ORDINANCES FOR 1ST READING (11/26/2018)
BIDS/MOTIONS ORDINANCES FOR 2ND READING (1/14/2019) RESOLUTIONS QUASI-JUDICIAL: YES NO
_______________________________ _____________________________________ Community Development Director City Manager ISSUE:
The applicant is requesting approval of a zone change from Agricultural-One (A-1) to Planned Residential Development (PRD) with an Outline Development Plan for property located at 4440 Tabor Street. The purpose of this request is to prepare the property for development of a twenty-six unit townhome project.
PRIOR ACTION: Planning Commission heard this request at a public hearing held on November 15, 2018 and gave a recommendation of approval for the following reasons:
1. The proposed zone change will promote the public health, safety, and welfare of the
community. 2. The proposed zone change will provide a land use transition from 44th Avenue to the low-density neighborhoods to the north. 3. The proposed zone change is consistent with the goals and objectives of the City’s
Comprehensive Plan.
Council Action Form – 4440 Tabor Street Rezoning
January 14, 2019
Page 2 4. The zone change will promote redevelopment and revitalization of the property and may
serve as a catalyst for other property redevelopment or improvements in the area.
5. The criteria used to evaluate a zone change support the request. The staff report and meeting minutes from the Planning Commission meeting are attached. FINANCIAL IMPACT:
The proposed zone change is not expected to have a direct financial impact on the City. Fees in the amount of $1,286.00 were collected for the review and processing of Case No. WZ-18-15. BACKGROUND: Current Zoning/Property Description
The property is located mid-block on Tabor Street north of 44th Avenue and south of Interstate-70. The property is approximately 2.07 acres in size, is “L”-shaped, and is currently undeveloped. The existing A-1 zoning on the property allows single-family residential estate living (one acre
lots) within a quasi-rural or agricultural setting. In addition to single-family residential, general
farming operations and uses such as greenhouses, stables and fish hatcheries are allowed as permitted land uses. Under current zoning, if the property were subdivided for residential development, it could have two single-family homes on it.
Tabor Street is designated as a collector street and is a primary north-south route between W. 44th
Avenue and W. 52nd Avenue, connecting to both the 1-70 Frontage Road and the Wheat Ridge-Ward commuter rail station. Traffic counts taken in 2016 indicate a traffic volume of 4,496 vehicles per day on this stretch of Tabor Street. Surrounding Land Uses
The site is surrounded by a variety of zoning designations and land uses. To the north, east, and south of the subject property are a variety of residential zone districts including Residential-One (R-1), Residential-Two (R-2), and Residential-Three (R-3). This area includes single-family homes, duplexes, and some small multi-family developments. To the west across Tabor Street are
a variety of commercial zone districts, Planned Commercial Development (PCD) and
Commercial-One (C-1), as well as a property that was rezoned to Mixed Use – Neighborhood (MU-N) by City Council on April 30, 2018. Proposed Zoning and Outline Development Plan The proposed Planned Residential Development zoning and Outline Development Plan are
intended to accommodate 26 townhome units in four and six unit building configurations. Each of the units will have an attached, rear-loaded two-car garage. A single curb cut on Tabor provides access into the property.
The request appears to comply with the zone change criteria in Section 26-303 of the code, and
staff makes the following findings based on the criteria:
Council Action Form – 4440 Tabor Street Rezoning
January 14, 2019
Page 3
• The change of zone promotes the health, safety, and general welfare of the community and will not result in a significant adverse effect. – The property has been vacant, underutilized, and the subject of code enforcement in the past. The development that will result from the zone change will add value and a positive aesthetic to the neighborhood while serving as an appropriate land use transition between the commercial,
multifamily and single family uses in the vicinity. Existing densities range from 22 units
per acre to the south to 2.5 units per acre to the north, and the proposed project density is 12.5 units per acre.
• The development proposed on the subject property is not feasible under any other zone district. – The proposed density is similar to the City’s R-3 zoning and considered to
be in the medium-density range. Because the property exceeds one acre in size, it is not eligible per code to be rezoned to R-3 or any other straight residential zone district. It is eligible only for a PRD or mixed use district, with the former being more appropriate for the subject property and proposed use.
• Adequate infrastructure/facilities are available to serve the types of uses allowed by
the change of zone, or the applicant will upgrade and provide such where they do not exist or are under capacity. – Tabor Street can accommodate the new trips generated by the proposed project, and the developer will be responsible for dedicating and building pedestrian improvements. Service providers and utility districts have indicated no
concerns with the proposal; they can serve the property with improvements installed at the developer’s expense.
• The change of zone is in conformance, or will bring the property into conformance, with the City of Wheat Ridge comprehensive plan goals, objectives and policies, and other related policies or plans for the area. – Tabor Street is classified as a collector street and includes a mix of land uses. Envision Wheat Ridge, the City’s 2009 comprehensive plan, designates the east side of Tabor as a “neighborhood” (including the subject property) and the west side of Tabor as “mixed use commercial.” For “neighborhood” designations, the comprehensive plan calls for an increase in housing
options and maintenance and enhancement of neighborhood character. The plan specifically defines areas for revitalization as those which are over one-half acre in size; may benefit from reinvestment; and require attention due to dilapidated structures, code enforcement issues, or incompatibly uses. The subject property fits the definition of an area for reinvestment, and the proposal meets the goal of promoting investment and
stability in neighborhoods. RECOMMENDATIONS: The application in this case is for the rezoning of property. This action is quasi-judicial, and as a result, the applicant is entitled to a public hearing on the application.
As Council is aware, rezoning in Wheat Ridge is accomplished by ordinance (Charter Sec. 5.10; Code Sections 26-303). Ordinances require two readings, and by Charter, the public hearing takes place on second reading.
Council Action Form – 4440 Tabor Street Rezoning
January 14, 2019
Page 4 Per City Code, the City Council shall use the criteria in Section 26-303 of the code to
evaluate the applicant’s request for a zone change. A detailed Planning Commission staff
report is enclosed with this criteria analysis, as well as additional information on the existing conditions and zone districts. Staff is ultimately recommending approval of this request. RECOMMENDED MOTION:
“I move to approve Council Bill No. 33-2018, an ordinance approving the rezoning of property located at 4440 Tabor Street from Agricultural-One (A-1) to Planned Residential Development (PRD) with approval of an Outline Development Plan for the following reasons:
1. The Planning Commission has recommended approval of the rezoning after conducting a
proper public hearing. 2. The proposed rezoning has been reviewed by the Community Development Department, which has forwarded its recommendation of approval. 3. The proposed rezoning has been found to comply with the “criteria for review” in Section
26-303 of the Code of Laws.”
Or, “I move to deny Council Bill No. 33-2018, an ordinance approving the rezoning of property
located at 4440 Tabor Street from Agricultural-One (A-1) to Planned Residential Development
(PRD) with approval of an Outline Development Plan 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: Lauren Mikulak, Planning Manager Kenneth Johnstone, Community Development Director
Patrick Goff, City Manager
ATTACHMENTS: 1. Council Bill No. 33-2018 2. Planning Commission Staff Report
3. Planning Commission Draft Meeting Minutes
CITY OF WHEAT RIDGE INTRODUCED BY COUNCIL MEMBER DOZEMAN
COUNCIL BILL NO. 33 ORDINANCE NO. _________ Series of 2018 TITLE: AN ORDINANCE APPROVING A ZONE CHANGE FROM
AGRICULTURAL-ONE (A-1) TO PLANNED RESIDENTIAL DEVELOPMENT (PRD) WITH AN OUTLINE DEVELOPMENT PLAN (ODP) FOR PROPERTY LOCATED AT 4440 TABOR STREET (CASE NO. WZ-18-15/CLEAR CREEK TERRACE)
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, Creekside Homes, LLC has submitted a land use application for approval of a zone change to the Planned Residential Development (PRD) zone district
with an Outline Development Plan for property located at 4440 Tabor Street; and,
WHEREAS, the City of Wheat Ridge has adopted a comprehensive plan—
Envision Wheat Ridge—which designates the property along the east side of Tabor Street as Neighborhood; and,
WHEREAS, the City of Wheat Ridge Planning Commission held a public hearing on November 15, 2018 and voted to recommend approval of rezoning the property to Planned Residential Development (PRD),
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Upon application by Creekside Homes, LLC, for approval of a zone change ordinance from Agricultural-One (A-1) to Planned Residential
Development (PRD) for property located at 4440 Tabor Street, and pursuant to
the findings made based on testimony and evidence presented at a public hearing before the Wheat Ridge City Council, a zone change is approved for the following described land: Lot 2, Davisher Minor Subdivision, City of Wheat Ridge, 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
ATTACHMENT 1
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 8 to 0 on this 26th day of November, 2018, ordered it published with Public Hearing and consideration on final passage set for Monday, January 14, 2019, 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 ___________, 2019.
SIGNED by the Mayor on this _______ day of _______________, 2019.
______________________________________ Bud Starker, Mayor
ATTEST: _______________________________________
Janelle Shaver, City Clerk
Approved as to Form
_______________________________________ Gerald Dahl, City Attorney 1st publication: November 29, 2018
2nd publication:
Wheat Ridge Transcript: Effective Date:
CITY OF WHEAT RIDGE
PLANNING DIVISION STAFF REPORT
TO: Planning Commission MEETING DATE: November 15, 2018
CASE MANAGER: Meredith Reckert, Senior Planner
CASE NO. & NAME: WZ-18-15/Clear Creek Terrace
ACTION REQUESTED: Approval of a zone change to Planned Residential Development with an Outline Development Plan
LOCATION OF REQUEST: 4440 Tabor Street
PROPERTY OWNER: Six Oak Limited Partnership
APPROXIMATE AREA: 2.07 acres
PRESENT ZONING: Agricultural-One (A-1)
PRESENT LAND USE: Vacant Land
COMPREHENSIVE PLAN: Neighborhood
ENTER INTO RECORD: (X) CASE FILE & PACKET MATERIALS (X) COMPREHENSIVE PLAN (X) ZONING ORDINANCE (X) DIGITAL PRESENTATION
LOCATION MAP
SITE
ATTACHMENT 2
Planning Commission WZ-18-15/Clear Creek Terrace
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JURISDICTION:
All notification and posting requirements have been met; therefore, there is jurisdiction to hear this case. I. REQUEST
This application is for approval of a zone change from Agricultural-One (A-1) to Planned Residential Development (PRD) on a parcel of land located at 4440 Tabor Street. The purpose of the zone change is to allow development of the property into 26 townhome units (referred to as single-family attached units in the PRD). Because the property exceeds one (1) acre in size, it
is not eligible to be rezoned to a straight residential zone district and is required to request
rezoning to either a Planned District or one of the City’s Mixed Use districts. Planned Development Approval Rezoning to a planned development is a two-step process. The first step is the Outline
Development Plan, which, if approved, changes the zoning designation on the land, establishes
allowed uses and development standards for the property, and establishes access configurations for vehicles, pedestrians, and bicycles. The second step in the process is the Specific Development Plan (SDP), which focuses on specific details of a development such as stormwater drainage, architecture, lot layouts, and specific building location and orientation. The SDP must
be found to be compliant with the ODP in order to be approved.
The applicant is requesting a two-step approval, which is permitted pursuant to Section 26-302 of the Municipal Code. The ODP is the subject of this application and requires public hearings before the Planning Commission and the City Council, with the City Council being the final
deciding body. If the zone change and ODP document are approved, the applicant can apply for
SDP approval. SDP applications must be heard before the Planning Commission, who is the final deciding body for the SDP approval. A subdivision plat will also be required with this development, and will be reviewed by Planning Commission and City Council either with or after the SDP.
The purpose of the proposal is to prepare the site is for construction of a 26-unit townhome community (Exhibit 1, Applicant Letter). II. EXISTING CONDITIONS/PROPERTY HISTORY
The property is located mid-block on the east side of Tabor Street north of 44th Avenue and south
of Interstate-70. According to the Jefferson County Assessor, the property is approximately 2.07 acres in size, is L-shaped, and is currently undeveloped (Exhibit 2, Aerial Photo). Current Zoning The existing A-1 zoning on the property allows single-family residential estate living (one acre
lots) within a quasi-rural or agricultural setting. In addition to single-family residential, general farming operations and uses such as greenhouses, stables and fish hatcheries are allowed as
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permitted land uses. Under current zoning, if the property were subdivided for residential
development, it could accommodate two single-family homes sites.
Tabor Street is designated as a collector street and is a primary north-south route between W. 44th Avenue and W. 52nd Avenue, connecting to both the 1-70 Frontage Road and the Wheat Ridge-Ward commuter rail station. With these direct connections to the north and south, Tabor
has experienced increased volumes over the last decade. Traffic counts taken in 2007 indicated a
traffic volume of 2,800 vehicles per day on this stretch of Tabor Street. Volumes were measured at 4,496 vehicles per day in 2016. Surrounding Land Uses The site is currently zoned Agricultural-One (A-1), and it is surrounded by a variety of zoning
designations and land uses (Exhibit 3, Zoning Map). To the north, east, and south of the subject property are a variety of residential zone districts including Residential-One (R-1), Residential-Two (R-2), and Residential-Three (R-3). This area includes single-family homes, duplexes, and some small multi-family developments. To the west across Tabor Street are a variety of
commercial zone districts, Planned Commercial Development (PCD) and Commercial-One (C-
1), as well as a property that was rezoned to Mixed Use-Neighborhood (MU-N) by City Council on April 30, 2018. (Exhibit 4, Site photos) III. OUTLINE DEVELOPMENT PLAN Attached is a copy of the proposed Outline Development Plan (ODP), which contains two sheets (Exhibit 5, ODP). The ODP is a zoning document that establishes allowed uses and development standards for the property. The ODP also contains a general sketch plan, which
includes a conceptual site layout.
Sheet 1 is the declaration sheet and contains certifications, legal description and signature blocks. The first page also contains a Character of Development paragraph, list of permitted uses and development standards.
Sheet 2 of the ODP is the sketch plan, which shows the conceptual layout of the property, including right-of-way, alleys and open space locations. Proposed Uses The applicant has proposed that the primary use on the property be single-family attached
housing units (townhomes). Also allowed, as accessory uses are home occupations and the keeping of household pets. These accessory uses are in line with all residential zone districts in the City. Additionally the applicant has proposed not allowing detached accessory structures or RV and boat storage in the in the development. This is typical of some of the City’s more recent
Planned Residential Developments.
Site Configuration The property is L-shaped with the larger portion on the north and smaller portion on the south. The ODP proposes 26 townhome units with 18 units on the northern portion and 8 on the south
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grouped in four-plexes and six-plexes. The units will gain access from a private drive that
extends east from Tabor Street. Access to all of the units is from alleys that extend off the main
drive and providing direct access to two-car attached garages. Front doors all face Tabor, the interior street or open space. The front patio areas would be enclosed with low fencing. Density The applicant is proposing construction of 26 units on a 2.07-acre parcel. This calculates to 12.5
units per acre, which is considered to be in the medium density range and similar to the R-3 zone district which allows 12 units per acre. The maximum density allowed in the PRD zone district is 21 units per acre. Twenty-one units per acre on this parcel would be 43 units. This mid-range density serves as a buffer between the neighborhood to the east and Tabor Street, which is a
collector and has some commercial uses.
Lot Size Lot size is based on unit size and presumes that the property will be platted through a subsequent application to create townhome lots. To supplement this ODP, the plat would have a note
prohibiting development of anything other than attached homes on the townhome lots.
Setbacks As is typical with any attached townhome development, front, side and rear setbacks apply to the multi-unit building as a whole, not to the individual units. The homes facing Tabor Street are
allowed a 15’ front setback, which is appropriate for the proposed neo-traditional design and will
help establish the character of the project. Side and rear building setbacks are generally consistent with the City’s multi-family zone districts with 20’ perimeter setbacks adjacent to existing low-density residential homes to the southwest and north. Internal rear setbacks from alleys are from 2’ to 5’. Ten-foot front yard encroachments are allowed for fenced patios.
Height The maximum height permitted within the development is 30’ or two-stories, which is less that the current A-1 zoning and less than the maximum height permitted in the City’s standard residential zone districts (35’) which surround the property.
Open Space The aggregate open space minimum for the development is 30%. This will be comprised primarily of common open space areas, which are viewable and usable by all residents within the project and located in tracts. A small amount of open space will consist of landscaping around
patio areas on the individual lots. An open space amenity is proposed to traverse the site from
north to south in Tract A. Another open space area is located in the southeast corner of the site in Tract C. This area may be appropriate for community garden plots, but the programing of the space is not limited by the ODP. Architecture
Architectural treatment of the units will follow the requirements of the Architectural and Site Design Manual (ASDM) for multi-family development (Section 4.3). The ASDM includes requirements for a change in materials, minimum amounts of openings, façade details and
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articulation. Proposed architectural designs are attached and show an example of the fenced
patios that are proposed in the ODP (Exhibit 6, Proposed Architectural Elevations)
Access and Streetscape Access into the site is from a single curb cut on Tabor Street. Tabor Street is classified as a collector and is currently substandard to the City’s street width standards. A five-foot wide
right-of-way dedication will be required at the time of the subdivision plat. Installation of curb,
gutter and a separated sidewalk will be installed on Tabor with development of the project. A potential future vehicular connection with the property to the east has been provided at the southeast corner of the site. The adjacent parcel to the southeast is underutilized and on the
market.
Parking The ODP requires that every townhome have a garage that accommodates two cars. Additionally, seven parallel parking spaces are provided on the south side of the private drive
into the project. Six additional spaces are located adjacent to the open space area at the southeast
corner of the property. There is very limited on-street parking in the surrounding neighborhood, given the fact that both Tabor and 44th are collector streets with no on-street parking. Because of this, provisions for on-site guest parking are an important aspect of site design.
Drainage
With an ODP, applicants are requested to provide preliminary drainage information that indicates a conceptual design for drainage facilities. A full drainage report and final design is not required until the subsequent SDP or plat applications.
The existing topography generally slopes from west to east at a gentle 1.5% slope. Currently,
much of the runoff from the site infiltrates in low spots along the eastern boundary of the site. In extreme rainfall events, some of the runoff may flow across adjacent properties to the east whereupon it flows into the existing drainage system along Simms Court.
The proposed development is designed to mimic the existing drainage patterns with runoff
flowing from west to east via curb and gutter along the proposed street system and area drains. Runoff from the site will be directed to a porous landscape detention (PLD) basin that is proposed along the eastern boundary of the site. Some runoff will infiltrate into the ground in this basin, and it will also have an outlet structure that is piped to the south through a drainage
easement and connected to the existing storm sewer in 44th Avenue
Traffic Information Per City policy, a traffic impact analysis is not required unless the site generates a peak hour traffic volume of 60 trips or more. Development that does not hit this threshold typically has a
negligible impact on traffic in the area. Since the development is comprised of only 26
townhomes, the peak hour volume is anticipated to be much less than 60. Based on industry standard trip generation rates, the peak hour multiplier for townhomes is less than one peak hour trip per unit. Therefore, the peak hour volume would be less than 26.
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IV. ZONE CHANGE CRITERIA
Staff has provided an analysis of the zone change criteria outlined in Section 26-112.D.2. The Planning Commission shall base its recommendation in consideration of the extent to which the following criteria have been met:
1. The change of zone promotes the health, safety, and general welfare of the community and will not result in significant adverse effects on the surrounding area. The property has been underutilized, and has been the subject of Code Enforcement action in
the past. The PRD zoning is expected to add value and have a positive aesthetic impact on
the neighborhood. The subject site will serve as a transition from the 44th Avenue corridor and high-density residential development on it to the lower density land use to the north. With regard to traffic impacts, based on trip generation information reviewed during the
referral process, it has been determined that the area streets are adequate to support the
rezoning request. Staff concludes that this criterion has been met.
2. Adequate infrastructure/facilities are available to serve the types of uses allowed by the
change of zone, or the applicant will upgrade and provide such where they do not exist or are under capacity. The applicant will be responsible for upgrades if the rezoning is approved and development
occurs. All of the service providers and utility districts indicated that they had no concerns
with the proposal and have indicated they can serve the property with improvements installed at the developer’s expense. The width of Tabor Street in front of the property is currently substandard so a 5’ right-of-way dedication is required. Staff concludes that this criterion has been met. 3. The Planning Commission shall also find that at least one (1) of the following conditions
exists:
a. The change of zone is in conformance, or will bring the property into conformance, with the City of Wheat Ridge comprehensive plan goals, objectives and policies, and other related policies or plans for the area.
Envision Wheat Ridge, the City’s 2009 comprehensive plan, depicts W. 44th Avenue as a
Neighborhood Commercial Corridor (shown as pink dots in the Structure Map excerpt below) transitioning into Neighborhood to the north (represented by yellow) which is the designation for the subject property. The Neighborhood designation calls for places for people to own homes and thrive and where residents of all ages can live safely and
comfortably.
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The category of Neighborhood areas are typically bounded by arterial and collector
streets. Envision Wheat Ridge further breaks down the definition of Neighborhood to identify Established Neighborhoods and Areas for Revitalization. Revitalization areas are generally over one-half an acre in size and have pockets of property that might benefit from reinvestment. Many times these properties require special attention due to
dilapidated structures, code enforcement issues, incompatible uses and safety.
The plan identifies the following goals for the Neighborhood designation associated with this location:
• To maintain and enhance the quality and character Wheat Ridge’s established neighborhoods.
• To increase housing options.
• To increase investment and stability in Neighborhood Revisualization Areas.
Staff concludes that the proposal will provide increased housing options for the City and results in an investment in an underutilized property. The development is close to 44th
Site
W. 44th Ave.
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Avenue, which is serviced by a bus line and has easy access to I-70 and the proposed
transit line to the north on Tabor.
Staff concludes that this criterion has been met. b. The existing zone classification currently recorded on the official zoning maps of the City of Wheat Ridge is in error.
Staff has not found any evidence of an error with the current zoning designation of A-1 as it appears on the City zoning maps.
Staff concludes that this criterion is not applicable.
c. A change of character in the area has occurred or is occurring to such a degree that it is in the public interest to encourage redevelopment of the area or to recognize the changing character of the area.
The western portion of Wheat Ridge is experiencing change with the development of Clear Creek Crossing to the west and the commuter rail station to the north. Tabor is one of only two primary connections between these two areas, and is a primary north-south route between 44th and 52nd Avenue. It is classified as a collector and has a mix of
land uses abutting it. South of I-70, Tabor generally has residential development on the
east side and commercial uses on the west. On the east side moving north from West 44th Avenue, are high density residential units along 44th (22 units per acre) transitioning to low-to-mid density residential (duplexes) at 46th Avenue (7 units per acre) to low density north of 46th (2.5 units per acre). The proposed townhomes at 12.5 units per
acre will provide a logical transition from the high-density multi-family adjacent to 44th
Avenue to the low-density duplexes on the south side of 46th Avenue. Staff concludes that this criterion has been met.
d. The proposed rezoning is necessary in order to provide for a community need that
was not anticipated at the time of the adoption of the City of Wheat Ridge comprehensive plan. The proposed rezoning is consistent with the Comprehensive Plan and other supporting
documents; therefore, this criterion is not applicable.
Staff concludes that this criterion is not applicable. Staff concludes that the criteria used to evaluate zone change support this request.
V. NEIGHBORHOOD MEETING
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Prior to submittal of an application for a zone change, the applicant is required to hold a
neighborhood input meeting in accordance with the requirements of Section 26-109.
A meeting for neighborhood input was held on May 30, 2018. In addition to Staff and the applicants, four persons attended the meeting. Discussion topics are addressed in the neighborhood meeting notes (Exhibits 7 and 8, Neighborhood Meeting Notes and Sign-up
sheets). Two comment letters were submitted in response to the neighborhood meeting notice
(Exhibit 9, Letters submitted). VI. AGENCY REFERRAL
All affected City departments and service agencies were contacted for comment on the zone
change request regarding the ability to serve the property. Specific referral responses follow: Arvada Fire: Can serve the property with improvements installed at the developer’s expense.
CenturyLink: Will require additional easements at the time of platting.
Fruitdale Sanitation District: The property can be served from an 8” line in Tabor Street. Valley Water District: Can serve the property with improvements installed at the developer’s
expense.
Wheat Ridge Parks Department: Fees in lieu of parkland dedication will be required in the amount of $2497.29 per unit. Wheat Ridge Police Department: Has no issues with the zone change.
Wheat Ridge Public Works: Has reviewed a preliminary drainage report. Will require 5’ of right-of-way for Tabor Street. The construction of public improvements will be required with a curb, gutter and a 6’ detached sidewalk with 6’ amenity zone at the time of property
development.
Xcel Energy: No objections. VII. STAFF CONCLUSIONS AND RECOMMENDATION
Staff concludes that the proposed zone change promotes the health, safety and general welfare of the community and provides a land use transition from 44th Avenue to the low-density neighborhoods to the north. Staff further concludes that the proposal is consistent with the goals and objectives of the Comprehensive Plan by providing a variety of housing types and
investment in an underutilized parcel.
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Staff further concludes that all requirements for an Outline Development Plan have been met.
Because the evaluation criteria support the requests, staff recommends approval of Case No.
WZ-18-15. VIII. SUGGESTED MOTIONS Option A:
“I move to recommend APPROVAL of Case No. WZ-18-15, a request for approval of a zone change from Agricultural-One (A-1) to Planned Residential Development (PRD) with an Outline Development Plan for property located at 4440 Tabor Street, for the following reasons:
1. The proposed zone change will promote the public health, safety, or welfare of the
community. 2. The proposed zone change will provide a land use transition from 44th Avenue to the low-density neighborhoods to the north. 3. The proposed zone change is consistent with the goals and objectives of the City’s
Comprehensive Plan and the Wadsworth Subarea Plan.
4. The criteria used to evaluate a zone change support the request.” Option B: “I move to recommend DENIAL of Case No. WZ-18-15, a request for approval of a zone change
from Agricultural-One (A-1) to Planned Residential Development (PRD) with an Outline
Development Plan for property located at 4440 Tabor Street, for the following reasons: 1. 2. …”
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CLEAR CREEK TERRACE, LLC
June 12, 2018
Re: Clear Creek Terrace - 4440
Tabor Street Dear Public Works
and Development Staff:
Introduction
The subject parcel is located at 4440 Tabor Street, Wheat Ridge Colorado. The property
encloses approximately 2.09 acres of vacant, cleared upland area, and is classified by parcel identification number (PIN) #39-201-04-015. The proposed development includes approximately thirty (30) townhome-style residential fee simple lots, with associated landscape and stormwater management. To accommodate this request, the property would be rezoned from Agricultural One (A-1) to a Planned Residential Development (PRD).
Existing Conditions
The subject parcel has a slight slope from the west with approximately four (4) feet of
fall within the first twenty (20) feet, and mildly continues across the site from Tabor Street to the east. Access to the site would be provided from Tabor Street. The zoning classification is agricultural-one (A-1), is no longer consistent with the surrounding properties through the various redevelopments and ongoing mixed use design just west of Tabor. The soil classification onsite is almost entirely Loveland variant gravelly sandy loam (#89), which associates a hydrologic soil group of B and a water table approximately eighty-inches (80”) below existing grade. There are no flood plain or wetland impacts to consider onsite. Existing utilities to be utilized are readily available for connections, with an eight- inch (8”) water main along the east side of Tabor, and an existing sanitary manhole along the frontage of the site within Tabor Street. An existing CDOT outparcel is located nearest the southeastern corner of the property. There is also a small “nuisance” type parcel located along the eastern boundary from Tabor to the mentioned southeastern corner. Aerial and zoning maps of the parcel can be found below,
EXHIBIT 1: APPLICANT LETTER
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• Aerial Map: 4440 Tabor Street • City of Wheat Ridge Zoning
Map
Proposed Improvements
On May 10, 2018 a pre-application meeting was held to discuss the potential for townhomes at the above referenced site. Through the coordination with the City of
Wheat Ridge and content of the meeting, the determination was reached that to provide consistency with the surrounding homes and residential uses, the development would need to be rezoned to a Planned Residential Development (PRD).
Dimensional and design criteria will be outlined in the PRD and include larger homeowner maintenance areas, reduced setbacks for larger alleys and fire truck routing, as well as architectural and aesthetic details as seen from the public’s
perspective. New perimeter fencing will be provided as somewhat of an enhanced buffer for adjacent property owners, and 5’ of the Tabor Street frontage will be dedicated to the City of Wheat Ridge for right-of-way improvements to include widening with full lanes, amenity zones, median and sidewalk additions, and enhanced landscaping. The above mentioned improvements will assist in the traffic flow along Tabor and improve pedestrian connectivity as well. Staff requested these improvements during the pre-application, which will be provided to enhance traffic to the development and through the City’s public right-of-way.
Utility service providers for the site include Valley Water District and Denver Water for potable water, Fruitdale Sanitation for sanitary sewer service, and Xcel Energy
for gas and electric services. An existing water main offsite provides a 6” main, to which a hyrant will be connected. Through coordination with Valley Water and Arvada Fire, the pressure in the line is more than sufficient for the one onsite hydrant
and no fire sprinkler systems will be needed. Additional offsite hydrants are along the Tabor Street frontage of the subject parcel. An existing sanitary manhole is
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located within the Tabor Street right of way, and through coordination with Fruitdale
Sanitation will be a point of connection with sufficient capacity. There is an existing 5’ utility easement for dry utilities around the perimeter of the property, and mirrored with an additional 5’ on the opposite side.
To address storm water requirements, we propose an infiltration porous landscape retention pond on-site. Per coordination with Dave Brossman, Engineer with the
City of Wheat Ridge, they are in general support of a porous landscape type retention facility.
Per Section 26-303.D of the Wheat Ridge Municipal Code, the Planning Commission and City Council shall base their decision to approve, approve with conditions, or deny an ODP application in consideration of the following criteria:
1. The change of zone promotes the health, safety,
and general welfare of the community and will not result in a significant adverse effect on the surrounding area; and
The proposed construction will enhance existing landscaping and public rights of way. The 5’ Tabor Street frontage dedication will include amenity and green space areas as well as provide for future widening; Perimeter fencing for existing homes will be installed/ restored.
2. The development proposed on the subject property is not feasible under any other zone district, and would require an unreasonable
number of variances or waivers and conditions; and
The parcel of interest is one of two remaining parcels zoned A-1, while all others adjacent to the site are zoned Residential, with a new Mixed Use/Commercial variety
to the west recently approved. To allow the residential use of townhomes and provide consistency with the surrounding uses, the Planned Residential Development
(PRD) is required.
3. Adequate infrastructure/facilities are available to
serve the types of uses allowed by the change of zone, or the applicant will upgrade and provide such where they do not exist or are under capacity; and
Existing water service is available and has been confirmed for sizing and pressure with the Denver Water, Valley Water District and Arvada Fire Protection
District, prior to this submittal. An existing sanitary manhole connection is available and has capacity to serve the site per coordination with Fruitdale Sanitation, prior to this submittal. Existing power and gas connections are available and will be coordinated through Xcel Energy.
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4. At least one (1) of the following conditions exists: a. The change of zone is in conformance, or will bring the property into conformance with, the City of Wheat Ridge comprehensive plan goals, objectives and policies, and other city-approved
policies or plans for the area. b. The existing zone classification currently recorded on the official zoning maps of the City of Wheat Ridge is in error.
c. A change of character in the area has occurred or is occurring to such a degree that it is in the public interest to encourage redevelopment of the area or to recognize the changing character of the area.
d. The proposed rezoning is necessary in order to provide for a community need that was not anticipated at the time of the adoption of the City of Wheat Ridge comprehensive plan.
The location of interest was once a relatively undeveloped agricultural area in the 1960’s. It has since grown with multifamily apartment buildings and attached single-family type homes within the vicinity of Interstate-70 over the last 50+ years
The property of interest is the remaining undeveloped lot
within the residential block at Tabor and W 44th
Avenue. An agricultural type setting would not be consistent with adjacent uses and heavier density which has started, and continued, since the early 1960’s.
Thank you for taking the time to review the project specifics of the Outline
Development Plan (ODP). We look forward to working with you on this project.
;; •gards,
Owner
Clear Creek Terrace, LLC
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EXHIBIT 2: AERIAL
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EXHIBIT 3: ZONING MAP
site
Site
Site
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EXHIBIT 4: SITE PHOTOS
Looking north on Tabor Street – subject property is on right side
of image
Looking northwest across Tabor Street at
the subject property
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Looking south on Tabor
Looking southeast at
the subject property –
structures side of image are on the adjacent property
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[see attached]
EXHIBIT 5: ODP
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EXHIBIT 6: Architectural Elevations
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NEIGHBORHOOD MEETING NOTES Meeting Date: May 30, 2018
Attending Staff: Zack Wallace Mendez, Planner II Scott Cutler, Planner I Natalie Knowles, Planning Intern
Location of Meeting: Wheat Ridge Municipal Building
Property Address: 4440 Tabor Street
Property Owner(s): Six Oak Limited Partnership
Applicant: Bill Lyons Jr., Creekside Homes
Stephen Sundberg, Creekside Homes Donna Barrentine, J3 Engineering
Applicant Present? Yes
Existing Zoning: Agricultural-One (A-1)
Existing Comp. Plan: Neighborhood
Existing Site Conditions: The property is located on Tabor Street north of 44th Avenue and south of Interstate-70. According to the Jefferson County Assessor, the property is approximately 2.09 acres in size (91,098 square feet), and is currently undeveloped. The site is currently zoned Agricultural-One (A-1), and it is surrounded by a variety of zoning
designations and land uses. To the north, east, and south of the subject property are a variety of residential zone districts including Residential-One (R-1), Residential-Two (R-2), and Residential-Three (R-3). This area includes single-family homes, duplexes, and some small multi-family developments. To the west across Tabor Street are a variety of commercial zone districts, Planned Commercial Development (PCD) and Commercial-One (C-1), as well as a
property that was rezoned to Mixed Use – Neighborhood (MU-N) by City Council on April 30, 2018.
EXHIBIT 7: NEIGHBORHOOD MEETING NOTES
Planning Commission WZ-18-15/Clear Creek Terrace
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Applicant Preliminary Proposal:
The applicant proposes to build approximately 30 townhomes on the property, with a mix of one-story and two-story units. The front patio areas would be defined with low fencing along the street. The central row of townhomes would be accessed from a landscaped “paseo” with a styled walkway.
The following is a summary of the neighborhood meeting:
• In addition to the applicant and staff, 4 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 a Planned Residential Development.
• Staff discussed the site, its zoning and surroundings.
• The applicant presented their proposal and answered further questions, with input from staff.
• The members of the public were informed of their opportunity to make comments during the process and at the required public hearings.
The following issues were discussed regarding the zone change request and proposed
development:
• There were concerns about drainage in the area, particularly in the context of issues caused
by previous development.
Staff noted that drainage will be considered during the application review, and they are
required to account for stormwater quality and detention. Staff acknowledged the drainage issues in the area, and that standards have changed since those developments were constructed. The developer noted their plans for the drainage.
• Will the units be owner-occupied?
The units will be individually platted and sold to homeowners. HOA documents will prohibit rentals.
• Does the applicant own the property?
They are currently under contract, pending the rezoning application.
• Who is the current owner of the property? The applicant was unsure of the exact ownership.
• When did plans start regarding this development?
About two months ago, around March 30.
• A concern was voiced about Tabor Street getting busier due to development and the pending opening of the RTD commuter rail station to the north. Were traffic studies done?
The team is working on a traffic analysis which is submitted with the application. As part
of the project, the applicant must widen the west side of Tabor Street along the frontage
of the property to include additional pavement and a detached sidewalk.
• How many units are proposed? 30.
• How much parking is provided?
Planning Commission WZ-18-15/Clear Creek Terrace
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Each unit will have a two car garage, and 7 guest parking spaces will be provided on the
main entrance drive in the form of parallel parking. The total number of parking spaces
provided is 67. There is a guest parking requirement of 1 guest space per 10 required
spaces, so the 7 guest spaces provided exceeds the code requirement of 6 guest spaces.
• What is the total land area?
Approximately 2.15 acres.
• What is the density proposed? Approximately 13.9 units per acre. The maximum density allowed for planned developments is 21 units per acre, and the surrounding R-3 zoning allows 12 units per
acre.
• When are the public comment opportunities for concerned citizens? The public hearings at Planning Commission and City Council are the best opportunity. Staff gave their contact information in case the public has questions during the review process.
• How much was the purchase price for the land?
Approximately $695,000.
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EXHIBIT 8: NEIGHBORHOOD MEETING SIGN-IN
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EXHIBIT 9: LETTERS SUBMITTED
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Planning Commission Minutes - 1 – November 15, 2018
PLANNING COMMISSION Minutes of Meeting November 15, 2018
1.CALL THE MEETING TO ORDER
The meeting was called to order by Chair BUCKNAM at 7:00 p.m. in the City Council
Chambers of the Municipal Building, 7500 West 29th Avenue, Wheat Ridge, Colorado.
2.ROLL CALL OF MEMBERS
Commission Members Present:Alan Bucknam
Emery Dorsey
Daniel Larson Janet Leo Scott Ohm Richard Peterson
Amanda Weaver
Vivian Vos
Commission Members Absent: None
Staff Members Present: Lauren Mikulak, Planning Manager Meredith Reckert, Senior Planner Jordan Jeffries, Civil Engineer II Tammy Odean, Recording Secretary
3.PLEDGE OF ALLEGIANCE
4.APPROVE ORDER OF THE AGENDA
It was moved by Commissioner OHM and seconded by Commissioner WEAVER toapprove the order of the agenda. Motion carried 8-0.
5.APPROVAL OF MINUTES – October 18, 2018
It was moved by Commissioner OHM and seconded by Commissioner DORSEY toapprove the minutes of October 18, 2018, as written. Motion carried 7-0-1 withCommissioner WEAVER abstaining.
ATTACHMENT 3
Planning Commission Minutes - 2 – November 15, 2018
6. PUBLIC FORUM (This is the time for any person to speak on any subject not appearing
on the agenda.)
No one wished to speak at this time. 7. PUBLIC HEARING A. Case No. WZ-18-15: An application filed by Creekside Homes for approval of a zone change from Agricultural-One (A-1) to Planned Residential Development (PRD) with an Outline Development Plan (ODP) for property located at 4440 Tabor Street.
Ms. Reckert gave a short presentation regarding the zone change and the application. She entered into the record the contents of the case file, packet materials, the zoning ordinance, and the contents of the digital presentation. She stated the public notice and posting requirements have been met, therefore the
Planning Commission has jurisdiction to hear this case.
Commissioner OHM wanted confirmation if the property will be served by an 8 inch or a 6 inch water main line.
Ms. Reckert said she believes it is an 8-inch water line, but will confirm.
Commissioner OHM asked about the City’s standard parallel parking length and wondered if more spaces could be added as the parking spaces move east along the south side of the primary drive.
Ms. Reckert confirmed that the standard length for a parallel parking space is 20 feet and mentioned that more parallel spaces could be added. Commissioner OHM was curious if the private Alley C is a through street currently
and if the property to the east was all right with a proposed connection. He also
asked if there is enough separation between the intersections Ms. Reckert said that the property to the east which is addressed as 11681 W. 44th Avenue is currently up for sale and staff requested the alley connecting the two
parcels if the property were to both be developed. She also mentioned that the
alley would be more of private drive and not a public street so there does not need to the separation between alleys is acceptable. Commissioner OHM would also like to see a sidewalk connection included with
the private drive connection.
Ms. Mikulak noted that many of these site design details would be looked at closer during the Specific Development phase.
Planning Commission Minutes - 3 – November 15, 2018
Commissioner Larson inquired about the previous code enforcement issues, a
nuisance parcel close by and if the applicants own the property.
Ms. Reckert said the issues were primarily related to weed control and will let the applicants answer the other two questions.
Commissioner VOS wanted clarification about the 5-foot right-of-way dedication.
Ms. Reckert explained that Tabor Street is substandard so there would be improvements, such as sidewalk and curb and gutter, done in front of the property on Tabor Street and that 5 feet is necessary to accommodate the improvements.
Commissioner VOS asked for clarification on the open space requirements and fee in lieu of parkland dedication. Ms. Reckert said there will be 30% open space on this property for the residents to
enjoy such as an open garden area. The parkland fees is a City-wide requirement
for new residential development. Ms. Mikulak clarified that the parkland dedication and fee is independent from the open space requirements, and is often a fee for a property of this size.
Commissioner LEO asked how much permeable space must remain on this 2 acre lot. Ms. Reckert said that is reviewed by Public Works during the final drainage report,
and that only a preliminary review occurs at the ODP stage.
Commissioner BUCKNAM asked about the history of the zoning. Ms. Reckert said the City inherited the zoning from the County when the City
incorporated in 1969 and the zoning could have been in place before then.
Commissioner BUCKNAM also asked about the concrete paving standards related to permeability and the other materials that are being used. He also asked what the detention basin will look like for this property.
Ms. Reckert said the City is open to the use of permeable paving. Mr. Jefferies added the City is open to using creative designs and it permeable paving could be a good solution for drainage. He mentioned the detention basin is currently proposed to with an outlet structure with course/permeable material on the bottom.
Commissioner PETERSON asked for clarification on the potential connection to the east and the width.
Planning Commission Minutes - 4 – November 15, 2018
Ms. Mikulak clarified that the 26-feet width is the minimum width that the Fire
Department requires and there will be more detail in design documents at a later
date. This potential connection will only happen if it makes sense in the future. Staff as requested it be shown on the ODP so it is not precluded from happening in the future.
William Lyons, Jr., applicant
Creekside Communities Mr. Lyons showed a brief slide presentation to show his product which features a modern contemporary look. He is excited about the location in proximity to parks
and biking trails. He has a plan for a common area and dog walking area on the
property and added there will be 2 ½ parking spaces per unit. He also explained how the PRD will be a good transition between the other residential and commercial zoning in the area. Mr. Lyons added the power lines will all be undergrounded which will be a benefit and this property will be a good addition in
meeting the goals of the Neighborhood Revitalization Strategy.
Commissioner VOS asked about the purpose of the applicant’s inclusion of some of the slides and photographs. She also wanted confirmation on the Fire Department’s turnaround needs.
Mr. Lyons said the goal of the images was to illustrate that the project represents a transition between commercial to residential zoning and between the high to low surrounding densities. Mr. Lyons also confirmed he has received full approval from the Fire Department for the layout of the drives.
Commissioner VOS asked if Mr. Lyons had thought about doing a couple of higher end single family homes instead of townhomes. Mr. Lyons said it would not be cost effective and the price point will be lower for
townhomes than a single family home.
Commissioner VOS also asked if there are requirements for permeable vs. non-permeable space on a property.
Mr. Jefferies said there is no requirement, what matters is that the water runoff for
any impervious area is appropriately captured. Commissioner LARSON asked about the nuisance property which is 15’ in width and adjacent to the southeast portion of the site.
Mr. Lyons said that is usually called a spite strip and was a strategy used a long time ago to control access. The strip of land/easement will be acquired at closing and used for drainage.
Planning Commission Minutes - 5 – November 15, 2018
Commissioner PETERSON asked about the possible land acquisition of the
property to the south and Mr. Lyons’ intentions for it.
Mr. Lyons said he would develop the same type of townhomes to keep it consistent.
Kelly Baillee
4825 Wadsworth Blvd. Ms. Baille said she and her husband own the property that is for sale to the southeast where the drive connection would be made. She indicated that they like
Mr. Lyons’ product, he has been successful in the past with the City of Wheat
Ridge and they would like to work with him and have their parcel developed jointly with the subject property. Commissioner WEAVER thanked staff and the applicant for their comments and
presentations and said she is excited for the project to come to the City and
positively enhance that corridor. She added the project will be better than the current vacant land and will do a good job with the water drainage. Commissioner OHM said he would like to see staff work on the buffering of the
private drives and maybe add some evergreen trees. His only concern is the
direction that some of the townhomes face. Commissioner BUCKNAM said it will be nice to see a mix of rental and ownership and commercial and residential and would also like to see some bike
lanes along Tabor.
Commissioner LARSON commended the applicant for their vision. His only concern is the traffic that will increase on Tabor Street once the Ward Street Station opens.
It was moved by Commissioner WEAVER and seconded by Commissioner OHM to recommend APPROVAL of Case No. WZ-18-15, a request for approval of a zone change from Agricultural-One (A-1) to Planned Residential Development (PRD) with an Outline Development Plan for property located at 4440 Tabor Street, for the following reasons:
1. The proposed zone change will promote the public health, safety, or welfare of the community. 2. The proposed zone change will provide a land use transition from 44th Avenue to the low-density neighborhoods to the north. 3. The proposed zone change is consistent with the goals and objectives of
the City’s Comprehensive Plan. 4. The criteria used to evaluate a zone change support the request. Motion carried 8-0.
ITEM NO: DATE: January 14, 2019 REQUEST FOR CITY COUNCIL ACTION
TITLE: COUNCIL BILL NO. 34-2018 – AN ORDINANCE APPROVING THE SALE OF DESIGNATED PARK LAND AT
THE INTERSECTION OF WEST 38TH AVENUE AND
JOHNSON STREET AND IN CONNECTION THEREWITH, AUTHORIZING EXECUTION OF AN AGREEMENT FOR SAID SALE PUBLIC HEARING ORDINANCES FOR 1ST READING (11/26/2018) BIDS/MOTIONS ORDINANCES FOR 2ND READING (01/14/2019)
RESOLUTIONS (continued from 12/10/2018)
QUASI-JUDICIAL: YES NO
_______________________________ ______________________________ Parks and Recreation Director City Manager ISSUE: The City has the opportunity to sell the vacant parcel of park property located on the southwest corner of 38th Avenue and Johnson Street for the development of a CVS Pharmacy. This parcel was not originally developed as part of Discovery Park due to: 1. Maximizing efficient use of site to meet the goals of the Park Master Plan; and
2. The site’s proximity to the Appleridge Café, currently located on the southeast corner of
38th Avenue and Kipling Street. (Aerial photo attached)
The City Charter requires a unanimous vote of city council to dispose of park property. The Wheat Ridge Charter addresses the disposal of park land in Section 16.5.
“The city shall not sell or dispose of municipally owned buildings or real property for a public purpose, without first obtaining the approval, by ordinance, of three-fourths of the entire council. Unanimous approval of the entire council, by ordinance, shall be necessary for sale or disposition of designated park land.”
Council Action Form - Park Land Sale
January 14, 2019
Page 2 PRIOR ACTION: At the May 10, 2018 study session, this item was presented. City Council reached a consensus to
continue to move forward on the disposal of the park property. On May 10, 2010 City Council approved the sale of a portion of park property to the south of the Appleridge Café to address the issues with café site parking needs. At that time, the following
information was provided to Council as part of the Park Master Plan adoption action:
“The park master plan was designed to achieve a win-win situation with the existing restaurant business located on the corner. The plan identifies the northeast corner of the parkland as an area for future development. The restaurant
property owner at this time does not wish to purchase the entire 0.85 acres. A lot
will be platted for future sale when, and if, the restaurant property re-develops. This park parcel will remain vacant in the future to allow for future development, sale and or lot consolidation with the restaurant property.”
City Council approved a resolution to obtain an appraisal on the applicable portion of
park property adjacent to the Appleridge Café on August 28, 2008. City Council approved the transfer of the reverter clause from this park parcel to the Baugh House property on September 28, 2009 as one of the required steps to allow for the future disposal of the park property.
FINANCIAL IMPACT: An appraisal was completed on the property in March 2017 and has been updated. In March of 2017 the City and developer agreed on the 2017 appraised price as a basis for moving forward with the development of the property.
The parcel is 0.5 acres in size and the appraised price, when consolidated with the adjacent lot, was $600,000 in 2017. The updated appraisal information documents the value of the property at $650,000. The land that is now Discovery Park, including this parcel was purchased with the City’s attributable share of Open Space Funds and Jefferson County Bond Funds. Jefferson
County Open Space does not have a financial interest in the property due to the removal of the
reverter clause encumbrance on this portion of the park property. The original purchase price for the entire 8 acre site that is now Discovery Park, including the undeveloped area under discussion for sale, was $1,245,500.
All proceeds from the sale of the property are required to be placed in the Open Space Fund 32
for park and recreation purposes due to the fact that open space funds were used to originally purchase the property. The funds from the sale of this park property would be used for construction of Phase II of Prospect Park Renovation. Phase I has been completed, Phase II is on hold due to the additional funding required for the Anderson Park Renovation that was originally
slated for Phase II of the Prospect Park Renovation.
Council Action Form - Park Land Sale
January 14, 2019
Page 3 BACKGROUND (PARK): The Master Plan for the park was developed with the consideration that the corner parcel, when
combined with the Appleridge Restaurant site provided opportunity for future commercial development. Thus, in 2008 the City Council approved the rezoning of the property to Planned Commercial Development, it was the intent this property would eventually develop as a commercial venture. This action was viewed as a compromise in the community since
Discovery Park was constructed on property that originally had the potential for commercial
development. Construction of the park was completed in 2010. The park meets the needs of the community through the amenities and facilities in the park. These include a skate park, a variety of play
structures, a splash pad, picnic shelters, walking trails and athletic practice fields. There is
adequate parking to support these activities. This portion of the site is not required to meet any future park development needs. On October 17, 2018, the Wheat Ridge Parks and Recreation Commission was presented
information regarding the sale of the excess park property. The Committee voted 2-2-1 on the
sale of the vacant parcel. BACKGROUND (CVS): In early 2017, CVS, through their representative AJ Barbato, approached the City regarding the
development of the above stated parcels for the development of a new CVS Pharmacy. Barbato
stated that negotiations were underway with the owner of the Appleridge Café for acquisition and potential relocation of the café. Appleridge was willing to have their site acquired as long as an adequate new site, within the same geographical area could be identified for relocation.
In order to develop the new CVS, the developer would also need to acquire the vacant parcel to
the east of the café. This parcel is owned by the City of Wheat Ridge and under the control of the Parks and Recreation Department. The Department has identified this parcel as a remnant piece of land that is not needed to meet current or future park needs.
The City requested the developer initiate an appraisal for the land value and purchase price. The
initial appraisal was completed on March 26, 2017 by Mac Taggart & Mosier, Inc. which created a market value estimate for standalone secondary commercial premise at $400,000 and an assemblage to the full development of the CVS at $600,000. The developer agreed to pay the appraised amount.
During this period, the developer was able to identify a parcel that was suitable for the Appleridge café relocation. The developer went under contract to obtain the site located directly south of the Recreation Center on Kipling, just north of the lot currently under redevelopment for the Circle K convenience station. The developer entered into negotiations with the owner of the
café for acquisition and relocation. The negotiations were completed in early summer 2018.
Because it had been over a year since the completion of the initial appraisal, the City requested a new appraisal based on current conditions. The second appraisal was conducted by the same
Council Action Form - Park Land Sale
January 14, 2019
Page 4 firm who identified the standalone value at $450,000 and the market value estimate for the
assemblage at $650,000. In the letter attached to this report, CVS has agreed to purchase the
vacant site at the most recent appraised value of $650,000. CVS anticipates requesting the use of tax increment financing (TIF) available through the Wheat Ridge Urban Renewal Authority (Authority). At this time, the amount of TIF is still being
calculated through a pro forma which will be evaluated by the Authority. If any portion of sales
tax will be utilized in the TIF, the Council will be asked to adopt a resolution approving a Cooperation Agreement with the Authority. CVS anticipates the construction of a building just over 13,000 square feet with a drive-thru
pharmacy. The new Appleridge Café will be approximately 3,000 square feet.
TRAFFIC: A formal site plan has not been submitted by the developer, but it is anticipated they will seek:
• A right-in, right-out access point along Kipling Street (CDOT approval required)
• Full access onto Johnson Street
• A right-in, right out movement along West 38th Avenue
The City requested of CVS to provide some anticipated traffic flows from the site. The attached letter is not a full traffic study, but only a study based on International Transportation Engineers (ITE) figures from the Trip Generation Manual. If the project moves forward, a full traffic study will be commissioned.
The attached letter from Kimley Horn provides trip generation estimates between the development of both pads for a CVS, compared to the development of both pads with the existing Appleridge Café at its existing site and a fast food establishment with a drive-thru on the vacant pad. The ITE data shows a combined Appleridge and fast food restaurant would generate approximately 1,752 daily vehicle trips while a standalone CVS would create 1,432 trips, a
difference of 320 less trips. The distribution of the traffic was not analyzed.
PROCESS: If the Council approves the ordinance, as conditions of the sale and prior to the initiation of construction, TMC Colorado would be required to close on its purchase of the Café
property, a purchase and sale agreement between TMC Colorado and the City must be signed, and the property would need to be consolidated with the Café property under a consolidation plat. The final development will also require the site to meet all the building codes of the City and adhere to the Architectural Site Design Manual.
RECOMMENDATIONS: Staff recommends the sale of the excess property for the following reasons:
1. The land in question is excess property and is not part of any future development plans of Discovery Park and was rezoned in 2008 to Planned Commercial Development.
Council Action Form - Park Land Sale
January 14, 2019
Page 5 2. The sale will provide an additional $650,000 to the Parks and Recreation
Department for improvements to Prospect Park.
3. If the sale were to not occur, the vacant land has no market value as a ‘stand-alone’ parcel for commercial development.
4. The restaurant on the adjoining parcel is over 50-years old and the owner of the Appleridge Café desires the relocation of the restaurant.
5. The development of a CVS Pharmacy will provide additional sales tax revenues.
6. Traffic patterns indicate that vehicular movement will exit onto 38th Avenue from Johnson Street.
RECOMMENDED MOTION: “I move to approve Council Bill No. 34-2018, an ordinance approving the sale of designated
park land at the intersection of West 38th Avenue and Johnson Street, and in connection therewith, authorizing execution of an agreement for said sale on second reading and that it takes effect fifteen (15) days after final publication.
Or,
“I move to postpone indefinitely Council Bill No. 34-2018, an ordinance approving the sale of designated park land at the intersection of West 38th Avenue and Johnson Street for the following reason(s) .”
REPORT PREPARED BY; Steve Art, Economic Development Manager/Executive Director – Renewal Wheat Ridge Joyce Manwaring, Director of Parks and Recreation Gerald Dahl, City Attorney
Patrick Goff, City Manager
ATTACHMENTS: 1. Council Bill No. 34-2018 2. Parcel Map
3. 2017 Appraisal
4. 2018 Appraisal 5. Purchase Agreement Letter 6. Traffic Generation Letter (Kimley/Horn)
CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER POND
Council Bill No. 34 Ordinance No. _________ Series 2018 TITLE: AN ORDINANCE APPROVING THE SALE OF
DESIGNATEDPARK LAND AT THE INTERSECTION OF WEST 38TH AVENUE AND JOHNSON STREET AND, IN CONNECTION THEREWITH, AUTHORIZING EXECUTION OF AN AGREEMENT FOR SAID SALE
WHEREAS, the City of Wheat Ridge, Colorado (“City”) owns certain real property
within the City at the intersection of West 38th Avenue and Johnson Street that is designated as park land (the “Park Property”); and WHEREAS, a portion of the Park Property is adjacent to private property for which
TMC Colorado, LLC, an Indiana Limited Liability Company (“TMC Colorado”) is the
contract purchaser and upon which a café business is currently located (the “Café Property); and WHEREAS, in 2008, the City approved a master park plan for the Park Property
that included information regarding the reservation of this property for future consolidation
with the adjacent private property; and WHEREAS, in furtherance of both of these goals, the City and TMC Colorado are negotiating an agreement under which the City will convey the Park Property to TMC
Colorado for a purchase price of $650,000 for the purpose of commercial development;
and WHEREAS, the property the City proposes to convey to TMC Colorado is designated park land; and
WHEREAS, pursuant to the Wheat Ridge City Charter Section 16.5, the unanimous approval of the entire City Council, by ordinance, is necessary to sell or dispose of designated park land; and
WHEREAS, the City Council finds and determines that the sale of a portion of the
park land located at West 38th Avenue and Johnson Street does not impact the use or needs of the adjacent park; and WHEREAS, the City Council therefore desires to approve the sale of the Park
Property conditioned upon execution of a purchase and sale agreement, acquisition of
the Café Property by TMC Colorado and the consolidation of the same with the Park Property.
ATTACHMENT 1
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO:
Section 1. Sale of Park Property Approved. Pursuant to Charter Section 16.5, the City Council hereby approves the sale to TMC Colorado, LLC of certain City-owned property designated as park land for a purchase price of $650,000, and which land is more particularly described on Exhibit 1, attached hereto and
incorporated herein by this reference.
Section 2. Agreement Approved. In connection with the sale of park land approved by Section 1 above, the City Council hereby authorizes and directs the Mayor and City Clerk to execute a purchase and sale agreement and associated
documents, in form approved by the City Attorney.
Section 3. Conditions of Approval of Sale of Property. The sale of property and agreement approved by Sections 1 and 2 above is expressly contingent upon the satisfaction of all of the following conditions precedent: (1) the execution of a
purchase and sale agreement in form approved by the City Attorney, (2) the
acquisition of title by TMC Colorado, LLC of the Café Property, and (3) final approval of a consolidation plat and such other required land use approvals to permit the unified development of the Café Property and the Park Property. Should any one of these conditions precedent fail to occur on or before June 10, 2019, the
approvals set forth in Sections 1 and 2 above shall never become effective. Section 4. Severability, Conflicting Ordinances Repealed. If any section, subsection or clause of this Ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses
shall not be affected thereby. All other ordinances or parts of ordinances in conflict
with the provisions of this Ordinance are hereby repealed. Section 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 8 to 0 on this 26th day of November, 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 December 10, 2018 at 7:00 p.m., postponed to January 14, 2019 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: November 29, 2018; December 13, 2018
Second Publication:
Wheat Ridge Transcript Effective Date:
EXHIBIT 1
Park Property
LEGAL DESCRIPTION A parcel of land in the NW ¼ of Section 27, T3S, R69W of the 6th PM, described as: Lot 3 and Tract A, 38th & Kipling Subdivision, City of Wheat Ridge, Jefferson County, Colorado, excluding therefrom right of way parcels of 15.25 and 19.5 feet in width along
the norther boundary thereof, and a right of way parcel of 1.5 feet in width along the eastern boundary thereof, and retaining a drainage easement 15 feet in width across Tract A, as shown on the attached Exhibit 1A.
Exhibit 1A
Diagram of Park Property
[Attached]
38TH AVE
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S
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DATE: 11/08/2018
Horizontal Coordinate System:NAD83/92 State Plane, Colorado Central Zone 0502
Vertical Datum: NAVD88
7500 West 29th AvenueWheat Ridge, CO 80033-8001303.234.5900
DISCLAIMER NOTICE:
This is a pictorial representation of geographic and demographic information. Reliance upon the accuracy,reliability and authority of this information is solely therequestor’s responsibility. The City of Wheat Ridge, in Jefferson County, Colorado - a political subdivision of the State of Colorado, has compiled for its use certain computerized information. This information is availableto assist in identifying general areas of concern only. The computerized information provided herein should only be relied upon with corroboration of the methods, assumptions, and results by a qualified independent source. The user of this information shall indemnify andhold free the City of Wheat Ridge from any and all liabilities, damages, lawsuits, and causes of action thatresult as a consequence of his reliance on information provided herein.
3790 W. 38th Avenue
Legend
ROW_CURRENT
Interstate
State_Highway
Road Centerline
CLASS
Primary road, interstate highway, limited access road
Secondary road, U.S. highway
Connecting road, county roads
Neighborhood road, city street, unimproved road
Special Road Feature
EASE_Utility
µ
30 0 3015
Feet
EXHIBIT 1A
ATTACHMENT 2
ATTACHMENT 3
MacTaggart and Mosier, Inc.
Real Estate Appraisers and Consultants 40 South Allison Street Lakewood, CO 80226 Ph: 303-399-5615
email: rcmosier@aol.com
August 15, 2018
City of Wheat Ridge 7500 West 29th Avenue
Wheat Ridge, CO 80033
Attn.: Steve Art, Executive Director of the
Urban Renewal Authority
Dear Mr. Art:
You are in receipt of an appraisal of the land east of the
southeast corner of 38th Avenue at Kipling Street prepared March
31, 2017 with an effective date of March 26, 2017. The purpose
of the inspection was to estimate the market value of the fee
simple estate in this property in its “as is” condition. The
intended use of the appraisal report is to serve as a basis for
pricing the property for disposal. The City is the client and the
sole intended user of that appraisal report. At its discretion,
the prospective buyer, its attorney and accounting professional
may be included as additional intended users. In that appraisal I
estimated the value of the land in the standalone secondary
commercial premise to be $400,000 and the value in an assemblage
to the corner premise to be $600,000.
This letter is an update to the original appraisal. It
carries an effective date of August 8, 2018, the most recent date
of inspection, has the intended use of establishing a basis for
ATTACHMENT 4
Mr. Steve Art City of Wheat Ridge
August 15, 2018 Page 2
pricing the property for disposal, and is prepared for the same
intended user, namely the City of Wheat Ridge.
The sections of the original appraisal report that are
updated, or are not changed but warrant emphasis, follow.
OWNERSHIP AND SALES HISTORY
The ownership has not changed and the owner is still the City
of Wheat Ridge. It is still not under contract but the agent for
CVS drug stores is proposing to buy the property. I have not been
informed as to the asking price or offered amount in relation to
this prospective sale.
TAXES AND ASSESSMENTS
The land is valued at $8,155 for 2017 taxes payable in 2018,
and it remains $8,155 for 2018 taxes payable in 2019.
HIGHEST AND BEST USE
The highest and best use as a standalone site remains as an
office or secondary commercial use. Combined with the corner
site, the highest and best use as assembled is still for a high-
intensity retail commercial use.
SALES COMPARISON APPROACH
A new search for comparable sales of secondary commercial
sites reveals three new sales, Sale Nos. 7, 8 and 9 cited with the
original six sales below.
Mr. Steve Art City of Wheat Ridge
August 15, 2018 Page 3
Land Sales, Jefferson County
File LSGRet1704.WR.38th
Sale Location Area Price
No.Grantor/Grantee Date Price (Sq.Ft.)Comments Per SF Financing
--- ---------------- -------- -------------- ---------
1 7321 Sheridan Blvd.Aug-17 $480,000 24,829 Zoned PUD, Westminster, Lot in a Commercial Subdivision.$19.33 Cash to Seller.
Tepper Partners/New Verizon Store, Sold as Net Leased Investment Jun-18.
BTS Sheridan VZ, LLC
2 9890 W. 44th Ave.Jul-15 $532,000 43,516 Zoned C-1 Wheat Ridge; Residential Improvements. Demo'd $12.23 Cash to Seller.
Cluck Estate/After Sale; Actual Price $507,000, Plus Demo. $25K = $532,000
Sheard Family Trust
3 7960 Wadsworth Blvd.May-15 $500,000 51,836 Zoned B-2 Arvada; Vacant Pad w/o Wadsworth Frontage.$9.65 Cash to Seller.
Edgemark Development Services, LLC/Purchased for Dental Clinic.
Mountain Dental Specialties, LLC
4 N of NWC Bowles Avenue @ Simms St.Nov-15 $450,000 30,000 Zoned PD, Jefferson County; Lot in Commercial Subdivision.$15.00 Cash to Seller.
Market Development Corporation/Purchased for Christian Brothers Automotive.
CBH Properties Ken Caryl, LLC
5 6230 W. 38th Ave.Oct-15 $432,000 30,056 Zoned MU-N Wheat Ridge $14.37 Cash to Seller.
Johnson/41 dom Vacant Lot; For Sale
Sophium Real Estate, LLC
6 NW of NWC 64th Avenue at Indiana St.Sep-16 $425,000 27,007 Zoned PUD-BP, Arvada; Vacant Site.$15.74 Cash to Seller
Acorn 4 Arvada Marketplace/
Doud BTS, Inc.
7 5290 W. Arizona Ave.Aug-17 $375,000 27,878 Zoned M-G-S, Lakewood.$13.45 Cash to Seller.
Guzman/102 dom Previous Sale Sep-16 $220,000, or $7.89/SF.
HM Rental I, LLC
8 1825-1975 Kipling St.Listing $341,000 22,651 Zoned M-E-U, Lakewood $15.05 Cash to Seller.
Listing Previous Sale May-17 $165,000, or $7.28/SF
9 8399 Ralston Rd.Feb-17 $160,600 10,500 Zoned P-1, Arvada $15.30 Cash to Seller.
BB Holdings Colorado, LLC/Purchased by investor to sell to adjacent owner for parking
McClaflin Real Estate, LLC 2 days later Feb-17 for $200,000 or $19.05/SF.
25% increase over normal price for assemblage.
Mr. Steve Art City of Wheat Ridge
August 15, 2018 Page 4
Sale Nos. 1 through 6 are the sales from the original report
with only a modification for the listing is now a sale in Sale No.
1. Sale Nos. 7 through 9 are new sales generated for this update
of the appraisal. All the sales are processed like they were
through the original appraisal, including the application of a 10%
per year time adjustment to all the sales to bring them to the
current date. The adjustment grid that follows develops value
indications from $14.21 to $19.36 per square foot. Weighting the
new sales the most, the weighted average is $17.06 per square
foot.
It is important to note that the new sales indicate a lower
value than the six sales from the original report. Two reasons
explain this phenomenon. The new sales are generally in more
marginal retail areas, and although adjustment for location has
brought them more in line, the adjustment may have not been
enough. And the time adjustment for the original sales at 10% per
year for as long as three years results in hefty adjustments to
the original sales. Property appreciation can have waned in the
last year and a half, but in other segments of the Denver land
market I have observed spikes in land prices and I reject a lower
time adjustment. The best way to reflect the softening land
appreciation, if that is what is happening, is to place a greater
weight on the newer sales. Ranking the sales in descending order,
with the newer sales carrying the greatest weight, the weighted
average is $17.06, calculating a value estimate of ($17.06 per
square foot X 25,378 square feet = ) $432,949, rounded to:
VALUE ESTIMATE BY SALES COMPARISON APPROACH STANDALONE SECONDARY COMMERCIAL PREMISE $450,000
Mr. Steve Art City of Wheat Ridge
August 15, 2018 Page 5
Adjustment Grid to Compare to 38th Ave. E. of Kipling St.
Sale Location Price Circumst.Subtotal Adjusted Location Layout Net Indicated
No.Grantor/Grantee Per SF Time of Sale Financing Adjustments Price /Use Topography Size Adj.Value Weight Extension
--- ----------------- ------- ------------------ ---------------- -------- ---------------------------- ------ --------
1 7321 Sheridan Blvd.$19.33 110% 100% 100%110% $21.36 -10%0%0% -10% $19.22 5 $96.10
12 Interior Level
Visibility to Maj. St.
2 9890 W. 44th Ave.$12.23 136% 100% 100%136% $16.62 0%0%10%10% $18.28 4 $73.13
37 Interior Level
Min. Ret. Exposure
3 7960 Wadsworth Blvd.$9.65 138% 100% 100%138% $13.33 0%0%10%10% $14.67 2 $29.33
39 Interior Level
Min. Ret. Exposure
4 N of NWC Bowles Avenue @ Simms St.$15.00 130% 100% 100%130% $19.56 -10%0%0% -10% $17.61 1 $17.61
32 Interior Level
Visibility to Maj. St.
5 6230 W. 38th Ave.$14.37 132% 100% 100%132% $18.90 0%0%0%0% $18.90 3 $56.70
33 Interior Level
Min. Ret. Exposure
6 NW of NWC 64th Avenue at Indiana St.$15.74 123% 100% 100%123% $19.36 0%0%0%0% $19.36 6 $116.19
25 Interior Level
Min. Ret. Exposure
7 5290 W. Arizona Ave.$13.45 110% 100% 100%110% $14.86 20%0%0%20% $17.83 9 $160.49
12 Interior Level
Min. Ret. Exposure
Stagnant
Retail Area
8 1825-1975 Kipling St.$15.05 90% 100% 100%90% $13.55 10%0%0%10% $14.90 7 $104.33
Listing Corner Level
Visibility to Maj. St.
Stagnant
Retail Area
9 8399 Ralston Rd.$15.30 116% 100% 100%116% $17.76 -10%0% -10% -20% $14.21 8 $113.66
18 Corner Level
Visibility to Maj. St.
Column Totals:45 $767.54
Weighted Average:$17.06
Mr. Steve Art City of Wheat Ridge
August 15, 2018 Page 6
PREMIUM FOR ASSEMBLAGE
Because the highest and best use is for assemblage to the
corner to create a retail site for a national retailer, the
value of the subject is influenced by: its proximity to the
corner; the lack of adequate size of land at the corner for a
national chain retail site; and the lack of other possibilities
to acquire the necessary land. A premium over and above its
value as a standalone secondary commercial site is warranted.
The following sales are presented to demonstrate the going rate
for corner locations for national retailers to construct new
facilities. Sale Nos. 10 through 13 are from the original
report, and Sale No. 14 was added for this update. The range is
from $21.96 to $37.64 per square foot before adjustments. After
making transactional adjustments (in this case just for time)
the prices are $23.66 to $46.32 per square foot. The value of
the assembled site of 52,036 square feet is from $30.00 to
$35.00 per square foot, or between $1,230,000 to $1,820,000,
rounded.
Mr. Steve Art City of Wheat Ridge
August 15, 2018 Page 7
Corner Sites to National Retailers
Sale Location Area Price
No.Grantor/Grantee Date Price (Sq.Ft.)Comments Per SF Financing
10 5904 S. Kipling St.Dec-16 $1,450,000 56,198 Zoned PD, Jefferson County; Car Wash, 3,372 SF Demo'd $25.80 Cash to Seller.
Gosch, et ux., Heckman Management/405 dom 2 Retail Buildings 5,447 SF Demo'd
CVS 10782 Co., LLC Actiual Price $1,350,000 plus Demo $100K = $1,450,000.
11 280 S. Yarrow St.Jan-17 $1,650,000 55,404 Zoned M-C-U, Lakewood $29.78 Cash to Seller
Suppa Properties, LLC Purchased for new retail center 17,621 SF.
EGO, Inc.
12 NWC 72nd Ave. @ Sheridan Blvd.Jun-16 $705,000 18,731 Zoned PUD Westminster; Lot in a Commercial Subdivision.$37.64 Cash to Seller
Cadence Development, LLC/Same-Day Sale Tepper, et ux to Cadence, $530,000, or $28.30/SF
Legend Lake 7211 N Sheridan, LLC "Denny's" Restaurant now under construction.
13 3244 S. Wadsworth Blvd.Jun-16 $975,000 28,835 Zoned C-R Lakewood; "Perkins" Restaurant, 5,212 SF Demo'd $33.81 Cash to Seller.
Mitchel Cory Family, LLC/Actiual Price $900,000 plus Demo $75K = $975,000.
Red Robin West, Inc.Pad in Shopping Center; Purchased for new "Red Robin" restaurant.
14 Lot 8, Gateway Village, US 40 NW of I-70 Jun-17 $1,798,443 81,893 Zoned Commercial, Golden; Purchased for a convenience store; Adja $21.96 Cash to Seller
Gateway Land Investment, LLC/new hotels.
KG Store 319, LLC
Reception # 2017064129, Jun 21, 2017
Mr. Steve Art City of Wheat Ridge
August 15, 2018 Page 8
These sales are not used to directly value the subject
site. The subject has no frontage or exposure to the major
thoroughfare. But assembled to the corner, it takes on the
characteristics of the larger corner site. These sales
represent the maximum amount of value the subject site could
obtain were it included with the corner site. To build a free-
standing retail store about 50,000 square feet of land area is
necessary and the corner has 26,658 square feet. The subject
site (25,378 square feet) is necessary to assemble to the corner
to achieve this size necessary for national retail development.
This puts the subject property in an advantageous negotiating
position, and the premium for assemblage will be substantial.
Sale No. 9 presented earlier is a new sale for this update
and is cited at the first sale as a standalone site, selling for
$15.30 per square foot. In the second sale two days later, it
sold for $19.05 to the owner of the adjacent office building for
parking. This is an increment of ($19.05 per square foot /
$15.30 per square foot = ) 1.245, or 25% for assemblage.
Sale No. 15, cited below, is the anatomy of a commercial
land assemblage for a self-storage facility in Arvada. The
assemblage of the site is summarized:
Assemblage for a Self-Storage Facility
Sale Location Area Price
No.Grantor/Grantee Date Price (Sq.Ft.)Comments Per SF
--- ---------------- -------- --------------
15 9989 W. 60th Ave.Feb-16 to Apr-17 $2,195,000 91,089 Zoned B-2, Total Assemblage for Arvada Self Storage $24.10
Arvada Urban Renewal / 60th & Ralston, LLC Feb-16 $180,000 41,474 Vacant Site Subsidized by Arvada Urban Renewal; 838 dom $4.34
Vigil / 60th & Ralston, LLC Apr-17 $650,000 35,850 Monterrey House Restaurant; Act. Price $587K + Demo = $650K $18.13
Erickson / 60th & Ralston, LLC Mar-17 $1,365,000 13,765 3-Story Office Bldg.; Act. Price $1,250,000 + Demo = $1,365,000 $99.16
Mr. Steve Art City of Wheat Ridge
August 15, 2018 Page 9
LAYOUT OF SELF-STORAGE FACILITY SITE.
The assemblage was accomplished in three parts: the
original purchase at a discounted price from the Urban Renewal
Authority; then a nearly simultaneous purchase over one year
later of a restaurant (a large critical part of the assemblage)
and an office building (a smaller part of the assemblage that
enhances the layout and density but is not vital to the
project). The discounted price of the original purchase makes
it feasible to buy improved property and spend money on
demolition. But taken altogether, the assembled price of $24.10
is more than the price paid for other self-storage sites on the
Mr. Steve Art City of Wheat Ridge
August 15, 2018 Page 10
West Side of town. Because the base for measuring assemblage
premium is skewed so low (the Urban Renewal price) a premium for
assemblage cannot be measured. But it is clear from the price
paid for the office building ($99.16 per square foot of land
area) that the premium is extraordinarily high. Stated another
way, the assemblage of the Urban Renewal site and the adjacent
restaurant cost $830,000 for 77,324 square feet, or $10.73 per
square foot of land. Adding the last 13,765 square feet of land
with the office building, the cost skyrockets to $2,195,000 or
$24.10 per square foot of land. The addition of 18% more land
area added 164% to the assembled Urban Renewal site and the
restaurant site to make the three-parcel assemblage.
From a 25% premium as measured by Sale No. 9 to
unquantified but exorbitant premium as measured by Sale No. 15,
a 50% premium used in the original appraisal is justified. The
value of the subject property in the assemblage to the corner
premise is ($17.06 per square foot standalone premise X 1.5
assemblage premium = $25.59 per square foot assembled to the
corner X 25,378 square feet = ) $649,423, rounded to:
MARKET VALUE ESTIMATE ASSEMBLAGE TO THE CORNER PREMISE $650,000 VALUATION SUMMARY
Due to the proximity of this property to the corner and its
complementary layout and size with relation to the corner
parcel, both the standalone secondary commercial premise and the
Mr. Steve Art City of Wheat Ridge
August 15, 2018 Page 11
assemblage to the corner premise are presented. Those value
estimates are:
MARKET VALUE ESTIMATES STANDALONE SECONDARY COMMERCIAL PREMISE $450,000 ASSEMBLAGE TO THE CORNER PREMISE $650,000 CERTIFICATION
I certify that, to the best of my knowledge and belief:
• The statements of fact contained in this report are true and correct;
• the reported analyses, opinions and conclusions are limited only by the reported assumptions and limiting conditions and are my personal, impartial, and unbiased professional analyses, opinions and conclusions;
• I have no present or prospective interest in the property that is the
subject of this report and no personal interest with respect to the parties involved;
• I have performed no services as an appraiser or in any other capacity, regarding the property that is the subject of this report within the
three-year period immediately preceding acceptance of this assignment;
• I have no bias with respect to the property that is the subject of this report or to the parties involved with this assignment;
• my engagement in this assignment was not contingent upon developing or reporting predetermined results;
• my compensation for completing this assignment is not contingent upon the development or reporting of a predetermined value or direction in value that favors the cause of the client, the amount of the value opinion, the attainment of a stipulated result, or the occurrence of a subsequent event directly related to the intended use of this appraisal;
• my analyses, opinions and conclusions were developed, and this report has been prepared, in conformity with the requirements of the Appraisal Institute’s Code of Professional Ethics and Standards of Appraisal Practice, which include the Uniform Standards of Professional Appraisal Practice. The use of this report is subject to the requirements of the Appraisal Institute relating to review by its duly authorized representatives. As of the date of this report, Richard C. Mosier has completed the requirements of the continuing education program of the
Appraisal Institute;
• I have made a personal inspection of the property that is the subject of this report; and
• no one provided significant real property appraisal assistance to the person signing this certification. Richard C. Mosier, MAI
Colorado General Certified Appraiser #CG01313149
EXHIBIT “A”
QUALIFICATIONS OF THE APPRAISER AND LIMITING CONDITIONS
QUALIFICATIONS OF APPRAISER NAME : Richard C. Mosier, MAI EDUCATION : Bachelor of Science Degree in Business Administration; Building Industry and Real Estate
Major; University of Denver, June, 1973. APPRAISAL DESIGNATIONS, OFFICES HELD: MAI (Member, Appraisal Institute) Certificate No. 6334, November, 1981 Appraisal Institute, Colorado Chapter, President 1991 Appraisal Institute, Region II Finance Officer 1993-2004 Appraisal Institute, Region II, Chair 2007 Appraisal Institute, National Board of Directors 2006-2007 APPRAISAL INSTITUTE CLASSROOM INSTRUCTOR:
AI Basic Appraisal Principles Since 2012 AI Basic Appraisal Procedures Since 2012 AI General Sales Comparison Approach Since 2013
AI General Income Capitalization Approach, Parts 1 and 2 Since 2013 AI General Site Valuation and Cost Approach Since 2013 MEMBER OF : Denver Board of Realtors (Appraiser Member). LICENSES : Real Estate Broker in Colorado since June, 1975 Certified General Appraiser in Colorado, #CGO1313149 Certified General Appraiser in Wyoming, #376 BUSINESS AFFILIATIONS: Mac Taggart & Mosier, Inc., President 40 South Allison Street Lakewood, Colorado 80226 APPRAISAL EXPERIENCE: Appraised various types of real property including single-family homes, condominiums, apartments, shopping centers, commercial buildings, restaurants, service stations, office buildings, warehouses, manufacturing plants, motels, golf courses, subdivisions and land developments, easements, conservation easements, water rights, leased fee and leasehold estates, and special purpose, residential, commercial and industrial land. Qualified expert witness in District Courts of Denver, Arapahoe, Boulder, Douglas, Elbert and Jefferson Counties, Federal Bankruptcy Court, various arbitration proceedings. CAREER HISTORY: Associated with C. K. Mac Taggart, MAI, since graduating
from college in 1973 in a research analyst capacity until 1976. Served as an associate appraiser until July, 1980, when Mac Taggart and Mosier, Inc., was formed. REPRESENTATIVE LIST OF APPRAISAL CLIENTS: AAA Colorado ANB Bank Bank of the West Boulder County Board of Equalization Broomfield County Board of Equalization City of Lakewood City of Wheat Ridge City of Centennial Colorado State Bank Colorado Department of Transportation Colliers International Comerica Bank
Denver Health and Hospitals Denver Lumber Company Douglas County Douglas County Board of Equalization Federal Deposit Insurance Corporation Fidelity National Title First Citizen’s Bank
FirstBank GE Capital National Home State Bank
Jefferson County Dept. of Highways
Jefferson County
Open Space Kansas State Bank Metro West
Housing Solutions PCV Murcor Sage Capital
Town of Loveland Town of Silverthorne UMB Bank
Wells Fargo Trust Department Various Private
Individuals
LIMITING CONDITIONS AND ASSUMPTIONS
1. Title to the property is assumed to be good and marketable. 2. No responsibility for legal matters is assumed, nor is the appraiser(s) required to give testimony or appear in
court unless prior arrangements have been made in writing. If any courtroom or administrative testimony is required in connection with this report, an
additional fee shall be charged for those services.
3. All information in this report has been obtained from reliable sources. The appraiser(s) cannot, however, guarantee or be responsible for the accuracy of the information furnished by others.
4. Sketches in this report are intended for illustrative purposes only. 5. If the property being appraised is a fractional interest(s) of real estate, it, when added to the value
of any other fractional interest(s), may or may not equal the value of the entire fee simple estate.
6. If the property being appraised is a geographical portion of a larger parcel, it, when combined with the
remaining geographical portion(s), may or may not equal the value of the whole.
7. One (or more) of the signatories of this appraisal report is a member of the Appraisal Institute. The
Bylaws and Regulations of the Institute require each member to control the use and distribution of each
appraisal report signed by such member. The party for whom this appraisal report was prepared may distribute copies of this report, bearing original signature(s), only in its entirety. Such copies that are distributed must contain all exhibits including these limiting
conditions and assumptions. 8. Neither all nor any part of the contents of this report
shall be conveyed to the public through advertising, public relations, news, sales, or other media without
the written consent and approval of the appraiser(s), particularly as to valuation conclusions, the identity of the appraiser(s) or firms with which connected, or
any reference to the Appraisal Institute or to the MAI or SRA designations.
9. The distribution of the total valuation in this report between land and improvements applies only under the existing utilization and zoning of the property. Land and improvements are not severable for other valuation
purposes. 10. Mechanical, electrical and plumbing systems in the
improvements are presumed to be in operating condition, and no liability for the malfunction of those items is
assumed by the appraiser(s). A qualified engineer is recommended for an opinion of serviceability and adequacy of those components. 11. (For proposed improvements). Completion as per the
plans and specifications submitted and construction to start within a reasonable time period from the date of this report. 12. (For proposed improvements). The appraiser(s) reserves
the right to inspect the subject improvements when completed to verify conformance with the plans and
specifications upon which this appraisal is based. 13. Soils conditions, underground or concealed hazardous
materials, or other features of the property not visibly apparent are not investigated by the appraiser(s) unless
it is specifically addressed in the report. Any damages arising from such defects in the property is without warranty or liability of the appraiser(s).
14. Any damages incurred by the use of or reliance on the
appraisal report is without warranty or liability except for the amount of the fee paid to the appraiser(s). 15. By the use of or reliance on this appraisal report, such user is assumed to have read and agrees to these 15
numbered limiting conditions and assumptions. END OF APPRAISAL REPORT AND EXHIBITS
T. N.'T.
CROWLEY
& ASSOCIATE,S
October 3, 2018
Steve Art
Executive Director
Wheat Ridge Urban Renewal Authority
7500 West 29th Avenue
Wheat Ridge, Colorado 80033
Steve -
Please accept this letter as confirmation of TMC Colorado 2, LLC's agreement with the
appraisal price of $650,000 contained in the updated August 15, 2018 appraisal from
MacTaggart and Mosier to the City of Wheat Ridge.
TMC Colorado 2, LLC is currently under contract with the other parcels necessary to complete
the development of a CVS Pharmacy and the relocation and development of the AppleRidge
Caf6. The above price would be subject to further contingencies regarding the development
timeline and permitting of the aforementioned developments and assistance from the Wheat
Ridge Urban Renewal Authority.
Please let me know if you have any further questions.
Thank you,
il/
NaarLto
Executive Vice President of Real Estate Development
T.M. Crowley and Associates
5O'1 PEN NSYLVANIA PARKVVAY - SUITEl60
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ATTACHMENT 5
kimley-horn.com 4582 South Ulster Street, Suite 1500, Denver, CO 80237 303 228 2300
October 9, 2018
Wheat Ridge Urban Renewal Authority 7500 West 29th Avenue Wheat Ridge, Colorado 80033
Attn: Mr. Steve Art Executive Director
Re: SEC 38th & Kipling Redevelopment Trip Generation Comparison Letter
Dear Mr. Art:
This letter documents a comparison of trip generation of a proposed redevelopment to occur on the southeast corner of the 38th Avenue and Kipling Street intersection in Wheat Ridge, Colorado. Apple Ridge Café exists directly on this corner, and a vacant parcel is located to the east of this existing restaurant. A redevelopment is proposed which would include
replacing the existing restaurant and vacant parcel with a proposed approximate 13,111 square foot pharmacy with drive-through window.
Apple Ridge Café is approximately 3,000 square feet. It is believed that the existing vacant parcel to the east could and would likely otherwise develop into a 3,000-square foot fast food restaurant with drive through if this redevelopment project were not to occur. Therefore, a trip generation comparison between the existing 3,000 square foot Apple Ridge Café sit down restaurant and possible adjacent 3,000 square foot fast food restaurant with drive through was compared to a pharmacy with drive through use.
Site-generated traffic estimates are determined through a process known as trip generation. Rates and equations are applied to the existing and proposed land uses to estimate traffic
generated by the development during a specific time interval. The acknowledged source for trip generation rates is the Trip Generation Manual1 published by the Institute of Transportation Engineers (ITE). ITE has established trip rates in nationwide studies of
similar land uses. Trip generation was based on the ITE Trip Generation, 10th Edition (most current edition) average rate equations for high-turnover sit-down restaurant (ITE Code 932) for the Apple Ridge Café restaurant, fast-food restaurant with drive-through (ITE Code 934)
for the adjacent vacant parcel to represent development potential, and Pharmacy/Drugstore with Drive-Through Window (ITE Code 881) for this proposed redevelopment project to
provide a comparative analysis.
The following table summarizes the anticipated trip generation for the proposed 13,111 square foot pharmacy with drive through window compared with the existing 3,000 square foot Apple Ridge Café restaurant and possible adjacent 3,000 square foot fast food restaurant with drive-through window (trip generation calculations are attached).
1 Institute of Transportation Engineers, Trip Generation Manual, Tenth Edition, Washington DC, 2017.
ATTACHMENT 6
Mr. Art 096375030 Page 2
kimley-horn.com 4582 South Ulster Street, Suite 1500, Denver, CO 80237 303 228 2300
Trip Generation Comparison Apple Ridge Café and Adjacent Fast Food Restaurant to Pharmacy with Drive Through (proposed restaurant)
USE AND SIZE DAILY VEHICLE TRIPS
WEEKDAY VEHICLE TRIPS
AM Peak Hour PM Peak Hour
In Out Total In Out Total
Existing & Possible Uses – Apple Ridge Café and Adjacent Fast Food Restaurant
Sit-Down Restaurant (932) 3,000 Square Feet 338 16 14 30 18 11 29
Fast Food Restaurant w/ DT (934) 3,000 Square Feet 1,414 62 59 121 51 47 98
Total 1,752 78 73 151 69 58 127
Proposed Use – Pharmacy with Drive Through
Pharmacy/Drugstore W DT (881) 13,111 Square Feet 1,432 26 24 50 68 68 136
Net Difference in Trips -320 -52 -49 -101 -1 +10 +9
As summarized in the table, the currently proposed redevelopment of the southeast corner
of the 38th Avenue and Kipling Street intersection to a pharmacy with drive through would be anticipated to generate 1,432 daily weekday trips with 50 trips occurring during morning peak hour, and 136 trips occurring during the afternoon peak hour based on ITE equations
and data. Based on the ITE equations for the existing Apple Ridge Café sit-down restaurant and a possible adjacent fast food restaurant with drive through, the proposed pharmacy redevelopment is anticipated to generate less traffic over an average weekday and during the morning peak hour, with slightly more traffic generated during the afternoon peak hour. The change in use is anticipated to account for a decrease of approximately 320 daily trips, a decrease of 101 trips in the morning peak hour, and an increase of 9 trips during the afternoon peak hour. Important to note, it is believed that the traffic generated by the existing Apple Ridge Café may be greater than the volumes predicted from the ITE equations due to the known busyness of the restaurant and the amount of parking provided
on site.
In summary, this traffic study letter provides a trip generation comparison for a proposed
pharmacy with drive through redevelopment to be located on the southeast corner of the 38th Avenue and Kipling Street intersection in Wheat Ridge, Colorado. The redevelopment is anticipated to decrease daily and morning peak hour traffic, but only slightly increase traffic to the project site during the afternoon peak hour. If you have any questions or require anything further, please feel free to call me at (303) 228-2304.
Sincerely,
KIMLEY-HORN AND ASSOCIATES, INC.
Curtis D. Rowe, P.E., PTOE Vice President
10/09/2018
Project Apple Ridge Café
Subject Trip Generation for High-Turnover (Sit-Down) Restaurant
Designed by Curtis Rowe Date September 26, 2018 Job No.
Checked by Date Sheet No.1 of 1
TRIP GENERATION MANUAL TECHNIQUES
ITE Trip Generation Manual 10th Edition, Average Rate Equations
Land Use Code - High Turnover Sit-Down Restaurant (932)
Independant Variable - 1000 Square Feet Gross Floor Area (X)
Gross Floor Area =3,000 Square Feet
X = 3.000
T =Average Vehicle Trip Ends
Peak Hour of Adjacent Street Traffic, One Hour Between 7 and 9 a.m. (900 Series Page 97)
Average Weekday Directional Distribution:55% ent. 45%exit.
T = 9.94 (X)T =30 Average Vehicle Trip Ends
T = 9.94 *3.000 16 entering 14 exiting
Peak Hour of Adjacent Street Traffic, One Hour Between 4 and 6 p.m. (900 Series Page 98)
Average Weekday Directional Distribution:62% ent. 38%exit.
T = 9.77 (X)T =29 Average Vehicle Trip Ends
T = 9.77 *3.000 18 entering 11 exiting
Weekday (900 Series Page 96)
Average Weekday Directional Distribution: 50% entering, 50% exiting
T = 112.18 (X)T =338 Average Vehicle Trip Ends
T = 112.18 *3.000 169 entering 169 exiting
P.M. Peak Hour of Generator (900 Series Page 100)
Average Weekday Directional Distribution:52% ent. 48%exit.
T = 17.41 (X)T =52 Average Vehicle Trip Ends
T = 17.41 *3.000 27 entering 25 exiting
Saturday Peak Hour of Generator (900 Series Page 105
Average Saturday Directional Distribution:51% ent. 49%exit.
T = 11.19 (X)T =34 Average Vehicle Trip Ends
T = 11.19 *3.000 17 entering 17 exiting
Non Pass-By Trip Volumes (Per ITE Trip Generation Handbook, 3rd Edition September 2017-Page 207)
AM Peak Hour =57%Non-Pass By PM Peak Hour =57%Non-Pass By
IN Out Total
AM Peak 9 8 18
PM Peak 10 6 17
Daily 96 96 192 PM Peak Hour Rate Applied to Daily
Pass-By Trip Volumes (Per ITE Trip Generation Handbook, 3rd Edition September 2017 -Page 207)
AM Peak Hour =43%Pass By PM Peak Hour =43%Pass By
IN Out Total
AM Peak 7 6 14
PM Peak 8 5 13
Daily 73 73 146 PM Peak Hour Rate Applied to Daily
Project SEC 38th & Kipling
Subject Trip Generation for Fast-Food Restaurant with Drive-Through Window
Designed by CDR Date October 09, 2018 Job No.
Checked by Date Sheet No.1 of 1
TRIP GENERATION MANUAL TECHNIQUES
ITE Trip Generation Manual 10th Edition, Average Rate Equations
Land Use Code - Fast Food Restaurant With Drive-Through Window (934)
Independant Variable - 1000 Square Feet Gross Floor Area (X)
Gross Floor Area = 3,000 Square Feet
X =3.000
T = Average Vehicle Trip Ends
Peak Hour of Adjacent Street Traffic, One Hour Between 7 and 9 a.m. (900 Series page 158)
Average Weekday Directional Distribution: 51%ent.49%exit.
T = 40.19 (X)T =121 Average Vehicle Trip Ends
T = 40.19 * 3.000 62 entering 59 exiting
62 +59 (*) =121
Peak Hour of Adjacent Street Traffic, One Hour Between 4 and 6 p.m. (900 Series page 159)
Average Weekday Directional Distribution: 52%ent.48%exit.
T = 32.67 (X)T =98 Average Vehicle Trip Ends
T = 32.67 * 3.000 51 entering 47 exiting
51 +47 =98
Weekday (900 Series page 157)
Average Weekday Directional Distribution: 50% entering, 50% exiting
T = 470.95 (X)T =1414 Average Vehicle Trip Ends
T = 470.95 * 3.000 707 entering 707 exiting
707 +707 =1414
Saturday Peak Hour of Generator (900 Series page 163)
Directional Distribution: 51%ent.49%exit.
T = 54.86 (X)T =165 Average Vehicle Trip Ends
T = 54.86 * 3.000 84 entering 81 exiting
84 +81 =165
Non Pass-By Trip Volumes (Per ITE Trip Generation Handbook, 3rd Edition September 2017)
AM Peak Hour =51%Non-Pass By PM Peak Hour =50%Non-Pass By
IN Out Total
AM Peak 32 30 62
PM Peak 26 24 49
Daily 354 354 708 PM Peak Hour Rate Applied to Daily
Pass-By Trip Volumes (Per ITE Trip Generation Handbook, 3rd Edition September 2017)
AM Peak Hour =49%Pass By PM Peak Hour =50%Pass By
IN Out Total
AM Peak 30 29 59
PM Peak 26 24 49
Daily 353 353 706 PM Peak Hour Rate Applied to Daily
Project SEC 38th & Kipling
Subject Trip Generation for Pharmacy/Drugstore with Drive-Through Window
Designed by Date Job No.
Checked by Sheet No.of
TRIP GENERATION MANUAL TECHNIQUES
ITE Trip Generation Manual 10th Edition, Average Rate Equations
Land Use Code - Pharmacy/Drugstore with Drive-Through Window (881)
Independant Variable - 1000 Sq. Feet Gross Floor Area (X)
SF=
X =
T = Average Vehicle Trip Ends
Peak Hour of Adjacent Street Traffic, One Hour Between 7 and 9 a.m. (page Series 800 Page 562)
Average Weekday Directional Distribution: ent.exit.
T = 3.84 (X)T =50 Average Vehicle Trip Ends
(T) = 3.84*(13.1)entering exiting
+=
Peak Hour of Adjacent Street Traffic, One Hour Between 4 and 6 p.m. (Series 800 page 563)
Average Weekday Directional Distribution: 50%ent.50%exit.
T = 10.29 (X)T =Average Vehicle Trip Ends
(T) = 10.29 *(13.1)entering exiting
+=136
Weekday (Series 800 page 561)
Average Weekday Directional Distribution: 50% entering, 50% exiting
T =Average Vehicle Trip Ends
(13.1)entering exiting
716 +716 =1432
Directional Distribution: ent.exit.
T =108 Average Vehicle Trip Ends
(13.1)53 entering 55 exiting
53 +55 =108
Non-Pass-by Trip Volumes (page 63, ITE Trip Generation Handbook, December 2012)
PM Average Pass By Percentage:51%Pass By
IN Out Total
AM Peak 25 PM Rate Applied to AM Peak
PM Peak 69
Daily 732 PM Rate Applied to Daily
Saturday 55 PM Rate Applied to Saturday
Pass-by Trip Volumes (page 63, ITE Trip Generation Handbook, December 2012)
PM Average Pass By Percentage:49%Pass By
IN Out Total
AM Peak 24 PM Rate Applied to AM Peak
PM Peak 67
Daily 702 PM Rate Applied to Daily
Saturday 53 PM Rate Applied to Saturday26
351
33
27
351
33
1213
28
365
13
27
365
T = 8.20 (X)
(T) = 8.20 *
35
53%47%
12
35
Saturday Peak Hour of Generator (page 1807)
68
136
2426
26 24 50
716
68
51%49%
13.111
13111
T = 109.16 (X)
(T) = 109.16 *716
1432
68 68
ITEM NO:
DATE: January 14, 2019
REQUEST FOR CITY COUNCIL ACTION
TITLE: RESOLUTION NO. 05-2019 – A RESOLUTION AMENDING THE FISCAL YEAR 2019 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION FOR THE PURPOSE OF ACCEPTING A DEPARTMENT OF JUSTICE GRANT AND AUTHORIZING EXPENDITURE OF FUNDS FOR THE PURCHASE OF BODY WORN CAMERAS IN THE AMOUNT OF $90,000
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 requests the approval of a supplemental budget appropriation in the amount of $90,000 for the purchase of Body-Worn Cameras (BWC) for police and community services officers in FY 2019. Through this appropriation, the Police Department will purchase body-worn cameras, cloud storage, and redaction software that will
allow department personnel to capture, store, and redact video and audio interactions with the community. The amount requested in this appropriation has been previously awarded to the Wheat Ridge Police Department, and accepted with the authorization of City Council, under a Bureau of Justice Assistance (BJA) Award. The appropriation requested in this action will be fully reimbursed by the BJA grant in the amount of $90,000.
PRIOR ACTION: On October 16, 2017, the Wheat Ridge Mayor and City Council received a staff report concerning the BWC Grant and subsequently authorized the Police Department to accept the
Council Action Form - Police Administration Body-Worn Camera Budget Supplemental
January 14, 2019
Page 2 BJA Grant Award 2017-BC-BX-0079. On August 13, 2018, the City Council approved a Memorandum of Understanding between Wheat Ridge, Golden, and the First Judicial District
Attorney’s Office.
FINANCIAL IMPACT: The supplemental budget appropriation will increase the Police Department’s budget by $90,000. Upon reimbursement by the BJA, funding will be returned to the General Fund.
The estimated direct costs for the purchase of Body-Worn Cameras over the first two-years of the program are now projected at $89,802. The grant allows for up to $1,500 per camera for the costs of cameras, docking stations, storage, and image redaction software. The total cost of the program over the five-years of the program, approved in Wheat Ridge Council Resolution No.
42-2018 are identified in the table below:
COSTS 2019 2020 2021 2022 2023
Hardware and Evidence.com $53,256 $36,546 $37,296 $38,046 $38,796
RMS Salary & Benefits (New Position) $56,000 $57,680 $59,410 $61,193 $63,028 Training $9,836 $9,836 0 0 0 Workstation $4,000 0 0 0 0
TOTAL $123,092 $97,226 $96,706 $99,239 $101,824
Grant Pays $53,256 $36,546 0 0 0
City Pays $69,836 $57,680 $96,706 $99,239 $101,824
At the conclusion of the two-year grant cycle, the department would be responsible for assuming
the on-going cost for equipment, storage, licensing, and maintenance costs. Council previously approved the addition of a Management Specialist. Costs associated with the workstation and technology will be absorbed within the department’s budget.
BACKGROUND: The Wheat Ridge Police Department has a vested interest in promoting an environment of trust, cooperation, and transparency within the community. Throughout the implementation of the department’s comprehensive BWC Program, the organization has established and validated interactions with the community that has helped to dissuade unprofessional, illegal, or inappropriate behaviors by both law enforcement and the public. Since the successful
implementation of the department’s pilot program in 2015, the Department has continued to move towards full deployment of BWCs, and in 2017 received BJA grant funding. With the approval and acceptance of this grant funding, by the Wheat Ridge City Council, the department has been able to continue work towards developing a comprehensive plan for full Patrol and Community Services deployment in 2019.
Over the past several months, managers for the Police Department have worked with different stakeholders from BJA, the First Judicial District Attorney’s Office, and City staff to ensure full compliance with grant and City requirements. The funding of this budget appropriation will allow the department to continue with the implementation of the program and ensure full
compliance with all elements and requirement of BJA grant.
Council Action Form - Police Administration Body-Worn Camera Budget Supplemental
January 14, 2019
Page 3 As a condition of the grant, the department has attended training offered through the DOJ. Additionally, the department has worked with various community stakeholders in the
development of a more comprehensive BWC policy. Pending approval, the department will
begin training patrol officers and CSOs on the use of the cameras, policy and legal considerations. The department will continue to evaluate the program and needs once the program is implemented.
Lastly, the Golden Police Department has discontinued participation in this DOJ Grant award for
various reasons. Their withdrawal does not affect our grant award. RECOMMENDATIONS: Staff recommends that City Council approve the acceptance of the BWC Grant, approve the
supplemental budget appropriation in the amount of $90,000, and give authorization to the
department to purchase the body worn cameras in an amount not to exceed $90.000. RECOMMENDED MOTION: “I move to approve Resolution No. 05-2019, a resolution amending the fiscal year 2019 General
Fund budget to reflect the approval of a supplemental budget appropriation for the purpose of
accepting a Department of Justice grant and authorizing expenditure of funds for the purchase of body worn cameras in the amount of $90,000.” Or,
“I move to postpone indefinitely Resolution No. 05-2019, a resolution amending the fiscal year 2019 General Fund budget to reflect the approval of a supplemental budget appropriation for the purpose of accepting a Department of Justice grant and authorizing expenditure of funds for the purchase of body worn cameras in the amount of $90,000 for the following reason(s)
.”
REPORT PREPARED/REVIEWED BY: Lucas Hunt, Police Commander Jim Lorentz, Police Division Chief
Daniel Brennan, Chief of Police
Patrick Goff, City Manager ATTACHMENTS: 1. Resolution 05-2019
2. Staff Report BWC, October 16, 2017
3. Staff Report BWC, August 6, 2018
CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 05
Series of 2019
TITLE: A RESOLUTION AMENDING THE FISCAL YEAR 2019 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION FOR
THE PURPOSE OF ACCEPTING A DEPARTMENT OF JUSTICE GRANT AND AUTHORIZING EXPENDITURE OF FUNDS FOR THE PURCHASE OF BODY WORN CAMERAS IN THE AMOUNT OF $90,000
WHEREAS, the Wheat Ridge Charter requires that amendments to the budget be effected by the City Council adopting a resolution; and
WHEREAS, the police Body-Worn Camera Program provides an important service to the community, schools, businesses, community members, and institutions within Wheat Ridge during the course of contacts with the members of the department for law enforcement services; and
WHEREAS, the United States Department of Justice approved grant funding and authorized the reimbursement in the amount of $90,000 for the purchase and implementation of body worn cameras for the Wheat Ridge Police Department; and
WHEREAS, the requested funding is available in the City’s reserves and will be
reimbursed by the grant.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows: A transfer of $90,000 is hereby approved from the General Fund budget
undesignated reserves to account 01-202-600-660 and revenues are amended
accordingly. DONE AND RESOLVED this 14th day of January 2019.
Bud Starker, Mayor
ATTEST:
Janelle Shaver, City Clerk
ATTACHMENT 1
Memorandum
TO: Mayor Jay and City Council VIA: Patrick Goff, City Manager
FROM: Daniel Brennan, Chief of Police DATE: October 16, 2017 SUBJECT: Body Worn Camera Grant
ISSUE In April 2017, the Wheat Ridge and Golden Police Departments submitted an application for the
“2017 Body Worn Camera Policy and Implementation Program” grant through the U.S. Department of Justice, Office of Justice Programs. The grant announcement contained language expressing a desire for collaborative grant submissions, or grants with more than one agency. The announcement indicated collaborative grants would be given stronger consideration. Staff
reached out to the Jefferson County Sheriff’s Office (JCSO), and the Lakewood and Golden
Police Departments to determine their interest in pursuing a collaborative grant. The Golden Police Department was the only agency that expressed interest in the grant at that time. On September 30, 2017, the department received official notification from the Department of
Justice, Office of Justice Programs that the Wheat Ridge and Golden Police Departments had
received a grant award. FINANCIAL IMPACT The estimated funding for this two-year collaborative grant is $458,130. This amount includes
$172,500 in direct costs (grant funding) from the federal government and $285,630 in indirect
costs paid for by the grant applicants (Golden and Wheat Ridge). The direct costs will pay for the equipment (115 cameras, storage costs, and licenses) for both agencies. The grant pays for the first two years of costs, including storage costs and licenses. This equates to $105,000 for Wheat Ridge (70 cameras @$1,500 each).
Indirect costs include the costs for positions necessary to operate and manage a body-worn camera program, training on grant reporting procedures and a workstation for a Records Management Specialist position. For Wheat Ridge, these indirect costs include the costs (salary and benefits) for one Records Management Specialist (a new position), and five-percent of the
salary and benefit costs of a command level position to oversee the project.
At the conclusion of the two-year grant cycle, the department would be responsible for assuming the equipment, storage, licensing and maintenance costs; and the continued costs associated with the positions necessary to manage the program. The table below identifies the funding sources
and totals for the next five years:
ATTACHMENT 2
Staff Report Body Worn Cameras
October 16, 2017
Page 2 of 3
COSTS 2018 2019 2020 2021 2022
Hardware and Evidence.com $62,729 $37,992 $37,992 $37,992 $37,992
RMS Salary & Benefits (New Position) $56,000 $57,680 $59,410 $61,193 $63,028
Training $9,836 $9,836 0 0 0
Workstation $4,000 0 0 0 0
TOTAL $132,565 $105,508 $97,402 $99,185 $101,020
Grant Pays $62,729 $37,992 0 0 0 City Cost $69,836 $67,516 $97,402 $99,185 $101,020
The hardware and Evidence.com include the costs associated with purchasing the cameras, docking stations for the devices, the assurance plan, licensing and a storage plan. The Taser Assurance Plan allows the department to upgrade BWCs every 2.5 years, and provides a warranty for the cameras if they discontinue functioning due to wear or breakage for five years.
Staff is proposing utilizing the Evidence.com storage ten-terabyte plan versus purchasing a
standalone server to handle media storage or the unlimited data storage plan. The unlimited storage plan would cost approximately $66,000 per year. The Records Management Specialist is a non-exempt position found in Salary Grade 50, which
has a salary range of $38,000 to $55,000. Benefit costs are approximately 40% of the employee
salary. The table above includes salary and benefits with a 3% increase factored in annually. Costs for training, a workstation and associated technology will be absorbed within the current department budget.
BACKGROUND The department began a pilot BWC program in 2015 to evaluate body-worn cameras. A limited number of cameras were purchased for use by the Crash and Traffic Team (CATT), patrol officers and Community Service Officers (CSOs). During the course of the pilot program, the
scope of the program was narrowed to the CATT team. Based on our analysis of the program
and feedback from participants, the department’s Management Team was in favor of moving forward with a BWC program. During the 2016 Budget Preparation discussion, the Police Department presented information to
city council on the costs for body-worn cameras. At the end of the staff presentation, city
council directed staff to explore any opportunities for federal grants specific to body-worn cameras and submit a grant. In 2016, the department submitted a grant application to the Department of Justice, Office of
Justice Programs for the “Body Worn Camera Policy and Implementation Program” to acquire
body worn cameras for uniformed police officers. The department was not selected for the grant; however, staff was provided with feedback from its grant application that would make a subsequent grant request stronger.
In 2017, the grant announcement contained language encouraging the submission of
collaborative grant applications. The department reached out to the Jefferson County Sheriff’s Office and the Lakewood and Golden Police Departments. The Arvada Police Department had already decided to not pursue BWC’s at this time. The Golden Police Department was the only
Staff Report Body Worn Cameras
October 16, 2017
Page 3 of 3 agency interested in pursuing a federal grant. The grant application was submitted in April 2017.
The department received notification from the Department of Justice, Office of Justice Programs
that our joint grant application had been accepted and a grant award was forthcoming. The next step in the process is to officially accept the grant award. The Golden Police Department has advised staff of their desire to move forward with the BWC
grant. Staff is requesting direction from City Council on whether to accept this grant or not.
Accepting the grant comes with the acknowledgement that the city and police department will commit funding to maintain a BWC program for the foreseeable future. Both department’s recognized the need for additional personnel to manage and operate the BWC
program. This includes needed research and training at startup, maintaining and inventorying
BWC equipment, managing video downloads, handling open records requests and preparing video evidence for release to the District Attorney’s Office and other entities who request evidentiary items, and responding to public records requests. The records management specialist position will also prepare reports, submit grant deliverables and coordinate the grant with Bureau
of Justice personnel.
While the department has an existing policy on BWCs, the grant requires both departments to work with community stakeholders on the development of a policy. The challenges with policy development center around privacy issues such as when the camera is turned on or off,
establishing storage guidelines for recorded video, having processes in place to redact video to
protect the privacy of victims and others, and having a process in place to notify the public when they are being recorded. The department’s current policy addresses all of these issues. The department keeps all recordings in accordance with the Colorado Municipal Records Retention Schedule.
RECOMMENDATION Impartiality, fairness, voice and transparency are important factors for law enforcement agencies to have in order to be successful in building trusting relationships within the community and providing quality public safety services to their communities. While BWCs are not the entire
answer in addressing community concerns about the fair enforcement of the law, these cameras
do provide additional information that can be used to address community concerns. The department’s current pilot program has been successful in clearing patrol officers from allegations of misconduct, provided enhanced documentation of evidentiary value in certain cases, and has also identified deficiencies in training that have been used to increase the
competencies and skills of all officers.
Staff recommends City Council consensus to accept this federal grant to purchase body-worn cameras and to continue to provide funding to maintain this program.
Memorandum
TO: Mayor Bud Starker and City Council FROM: Daniel Brennan, Chief of Police
DATE: July 30, 2018 SUBJECT: Staff Report: Body-Worn Cameras
The purpose of this staff report is to update City Council on the body-worn camera (BWC) grant. In October 2017, City Council directed the police department to accept federal grant funding and move forward with the implementation of a body-worn camera (BWC) program. A number of
conditions were attached to the award by the Bureau of Justice Assistance (BJA), each of which
was required prior to the release of federal funds:
• Approval of department policy governing the use of BWC
• Approval of the submitted budget narrative
• A memorandum disclosing any pending applications
• Attendance at a national and regional training conference
• A current System for Award Management registration
• A signed Memorandum Of Understanding (MOU) between the cities of Wheat Ridge, Golden, and the 1st Judicial District Attorney’s Office Since that time, police department personnel tasked with the implementation of this project have
worked diligently to satisfy each of these requirements. All have been completed and approved by the BJA, with the exception of the signed MOU, the final item on the list. In addition, the police department has taken the following steps to prepare for the impending implementation of the BWC project:
• An additional Records Management Specialist has been hired to alleviate the anticipated increased workload of managing digital images.
• The assigned Program Manager and Records Management Specialist from both
the Wheat Ridge and Golden police departments, as well as a representative from
the District Attorney’s Office, attended a national Body-Worn Camera conference in Washington, D.C.
• The Training and Technical Assistance group of the BJA traveled to the District Attorney’s Office and presented additional training on the implementation and
management of BWC programs.
Ongoing communications between the city Purchasing Department and Axon, the preferred distributor, have also taken place. Both the cities of Wheat Ridge and Golden are members of NPP.org, a nationwide government purchasing agency that compiles RFPs from prospective
vendors. Axon currently has the award for governmental purchasing agreements for Body-Worn
ATTACHMENT 3
Staff Report Body Worn Cameras
July 30, 2018
Page 2 of 2 Cameras, and it is anticipated that, upon the release of funds, the equipment may be purchased without further delay.
I anticipate implementing the BWC program no later than the first quarter of 2019. Staff is in the process of developing a curriculum to train officers on the BWC policy, case law, Colorado Open Record Laws, and training on the use of the cameras, downloading and storing video, and requirements to access BWC video.
DB
ITEM NO: DATE: January 14, 2019 REQUEST FOR CITY COUNCIL ACTION
TITLE: RESOLUTION NO. 03-2019 - A RESOLUTION CONCERNING
THE ACQUISITION AND ACCEPTANCE OF PRIVATE
PROPERTY FOR THE PURPOSE OF CONSTRUCTING, INSTALLING, MAINTAINING, AND USING PUBLIC IMPROVEMENTS FOR IMPROVING RIDGE ROAD BY EITHER NEGOTIATION AND VOLUNTARY PURCHASE OR, IF NECESSARY, THROUGH THE UTILIZATION OF THE CITY’S POWER OF EMINENT DOMAIN, AND AUTHORIZING SUCH ACTION AS NECESSARY TO ACCOMPLISH SAID PURPOSES
PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS
QUASI-JUDICIAL: YES NO
_______________________________ ______________________________ Engineering Manager City Manager
ISSUE: The Wheat Ridge · Ward Station planning area is one of four projects in the City’s Investing 4 the Future bond program which is benefitting from $12 million from the voter-approved, temporary ½-cent sales and use tax rate increase. The proposed improvements for Ridge Road
east of Tabor Street require that additional right-of-way (ROW) be purchased. The City has
retained HDR as a third party right-of-way consultant since the roadway widening and addition of bicycle and pedestrian facilities requires both permanent and temporary acquisitions.
In order for staff and HDR to proceed with the acquisitions, City Council must approve a resolution authorizing the acquisition and acceptance of the necessary property.
Council Action Form – ROW along Ridge Road – Ward TOD
January 14, 2019
Page 2 PRIOR ACTION: For several years, the City has lead extensive visioning and planning efforts focused on the
Wheat Ridge · Ward Station planning area. Numerous Council updates and actions have occurred at various stages in these processes. Council was most recently updated on January 7, 2019 on the status of the Wheat Ridge · Ward Station planning area and on private developments in the area.
On August 27, 2018, Council approved a contract for design services with Short Elliot
Hendrickson, Inc. (SEH) to design and prepare construction drawings for the first three task orders. These task orders covered 52nd Avenue east of Ward Road, Tabor Street between Ridge Road and 52nd Avenue, and Ridge Road east of Tabor Street.
Then, on November 19, 2018, Council directed staff not to pursue improvements at this time to
the segment of 52nd Avenue east of Tabor Street that would have provided a connection to the
proposed Haskins Station development in Arvada.
Lastly, on December 10, 2018, Council approved a contract for ROW acquisition services with HDR, Inc. to prepare deeds and acquire ROW for the first task order for Ridge Road east of Tabor Street.
FINANCIAL IMPACT:
Acquisition costs in the amount of $140,000 are budgeted for Ridge Road and are available in the Wheat Ridge · Ward Road Station 2E Bond Fund.
Staff is currently working with the City of Arvada and Jefferson County to prepare an Intergovernmental Agreement that establishes a cost sharing arrangement for the design and
construction of 52nd Avenue. The most recent version of the IGA also includes cost sharing for
Ridge Road east of Tabor Street with the City of Arvada.
BACKGROUND: Earlier this year, the City Managers of Arvada and Wheat Ridge along with the County Manager of Jefferson County signed a memorandum of understanding (MOU) agreeing to coordinate and
cooperate on designing and funding mutually beneficial road improvements in the area
surrounding the Wheat Ridge · Ward station area. Discussions between the staffs of the jurisdictions have been ongoing concerning an intergovernmental agreement (IGA) that outlines cost-sharing and other arrangements for the shared infrastructure improvements.
The following potential projects have long been identified as infrastructure priorities in the
station area:
• Improvements to 52nd Avenue from Ward Road to Tabor Street including improvements to multimodal facilities and to the intersection at Ward Road
• Improvements to Ridge Road from Tabor Street to the City boundary east of Simms
Street including improvements to multimodal facilities
Council Action Form – ROW along Ridge Road – Ward TOD
January 14, 2019
Page 3
• Improvements to Tabor Street between Ridge Road and 52nd Avenue including
improvements to multimodal facilities
• Improvements to Ridge Road between Ward Road and the station including improvements to multimodal facilities
• A pedestrian bridge from the station over the rail lines to the south to 49th Place
• A linear park with multimodal facilities connecting the station via the pedestrian bridge to the I-70 Frontage Road South
In August 2018, Council approved a contract with Short Elliot Hendrickson, Inc. (SEH) to prepare construction drawings for the above projects. Staff has since authorized the first three
task orders for the following projects:
• Task Order #1 – 52nd Avenue (from Ward Road to Tabor Street)
• Task Order #2 – Ridge Road (from Tabor Street to the City boundary east of Simms
Street)
• Task Order #3 – Tabor Street between Ridge Road and 52nd Avenue
SEH submitted conceptual plans for the three streets for review on November 21, 2018. Based on the direction received from the Council on November 19, 2018, the portion of 52nd Avenue
east of Tabor Street will be excluded from the remainder of the design contract.
As noted earlier, the segment of Ridge Road east of Tabor Street to the City boundary east of Simms Street is one of the projects being designed. The center turn lane has been reinstated in the design due to the higher levels of traffic without the 52nd Avenue connection east of Simms Street. In order to minimize the additional ROW required, the proposed amenity zone has been
eliminated since the bike lane provides a buffer from the traffic. The additional ROW that was
anticipated to be required was between 15 and 20 feet.
On December 10, 2018, Council approved a contract for ROW acquisition services with HDR, Inc. to prepare deeds and acquire ROW for the first task order for Ridge Road east of Tabor Street.
The tasks and services will be billed on an hourly basis, and only for the services actually
completed. Additional task orders, including the expected tasks and estimated fees, will be negotiated and brought back to Council for approval as additional acquisition needs are identified.
In order for staff and the consultant to proceed with the five acquisitions that are necessary along
the north side of Ridge Road, City Council needs to approve a resolution authorizing the
acquisition of ROW on Council’s behalf. The resolution also authorizes the Mayor and City Clerk to accept the ROW on behalf of the Council.
Construction is planned to start this summer, so to keep the ROW acquisition process moving forward as quickly as possible, the resolution includes the authorization to condemn property if
negotiations to acquire the property voluntarily are unsuccessful.
Council Action Form – ROW along Ridge Road – Ward TOD
January 14, 2019
Page 4 RECOMMENDATIONS: Staff recommends that City Council approve the attached resolution authorizing acquisition and
acceptance of certain properties for the purposes of improving Ridge Road east of Tabor Street. RECOMMENDED MOTION: “I move to approve Resolution No. 03-2019 a resolution concerning the acquisition and
acceptance of private property for the purpose of constructing, installing, maintaining and using
public improvements for improving Ridge Road by either negotiation and voluntary purchase or, if necessary, through the utilization of the City’s power of eminent domain, and authorizing such action as necessary to accomplish said purposes.”
Or,
“I move to postpone indefinitely Resolution No. 03-2019, a resolution concerning the acquisition and acceptance of private property for the purpose of constructing, installing, maintaining and using public improvements for improving Ridge Road by either negotiation and voluntary
purchase or, if necessary, through the utilization of the City’s power of eminent domain, and
authorizing such action as necessary to accomplish said purposes, for the following reason(s) __________________________________________.” REPORT PREPARED/REVIEWED BY: Mark Westberg, Project Manager
Steve Nguyen, Engineering Division Manager Kenneth Johnstone, Director of Community Development Patrick Goff, City Manager
ATTACHMENTS:
1. Resolution 03-2019 Exhibit A – Conceptual Plans
CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 03
Series of 2019
TITLE: A RESOLUTION CONCERNING THE ACQUISITION AND ACCEPTANCE OF PRIVATE PROPERTY FOR THE PURPOSE OF CONSTRUCTING, INSTALLING,
MAINTAINING, AND USING PUBLIC IMPROVEMENTS FOR IMPROVING RIDGE ROAD BY EITHER NEGOTIATION AND VOLUNTARY PURCHASE OR, IF NECESSARY, THROUGH THE UTILIZATION OF THE CITY’S POWER OF EMINENT DOMAIN, AND AUTHORIZING SUCH ACTION AS
NECESSARY TO ACCOMPLISH SAID PURPOSES WHEREAS, the City of Wheat Ridge, Colorado possesses the power of eminent domain pursuant to Article XX, §§1 and 6 of the Colorado Constitution, Section 16.4 and 1.3 of the City of Wheat Ridge Home Rule Charter, C.R.S. §38-1-101, et seq., and
C.R.S. § 38-6-101, et seq.; and
WHEREAS, the City Council for the City of Wheat Ridge seeks to acquire certain property rights more particularly described on the attached Exhibit A for the purposes of constructing, installing, maintaining and using public improvements for improving
Ridge Road in Wheat Ridge, Colorado; and
WHEREAS, the City of Wheat Ridge has complied and intends to continue to comply with all applicable provisions of C.R.S. § 38-1-101, et seq., including, but not limited to, the notice and good faith negotiation requirements and provisions thereof.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge that:
Section 1. The term “Subject Property” means the interest in the real property more particularly described in attached Exhibit A.
Section 2. The City Council hereby finds that the acquisition of the Subject Property for the construction, installation, maintenance and use of the public improvements for improving Ridge Road will serve a proper, public and municipal purpose and use, and that such acquisition is necessary and essential to this
public purpose and use. The City Council hereby declares its intent to acquire
the Subject Property for the purposes stated herein. Section 3. The City Manager or his designee, in consultation with the City Attorney, is directed to provide notice of the City’s intent to acquire the Subject
Property to the various owners of said property, and to thereafter conduct good
faith negotiations with the owners for the acquisition of the property rights sought. The City Manager is authorized to make offers for all or portions of the Subject
ATTACHMENT 1
Property based upon the appraisal or fair market valuation of the same, and is further authorized to execute agreements for the acquisition of all or portions of
the Subject Property as described on the attached Exhibit A: Ridge Road
Reconstruction plans. Section 4. If, after making good faith offers to acquire the Subject Property, the City is unable to acquire the necessary property rights by negotiation and/or
voluntary purchase, the City Attorney is hereby authorized to institute and
prosecute eminent domain proceedings in the name of the City so as to acquire the Subject Property by condemnation. In the prosecution of any eminent domain actions to acquire the Subject Property, the City shall have and retain all rights and powers lawfully delegated to it by the Colorado Constitution, the City of
Wheat Ridge Home Rule Charter, and C.R.S. § 38-1-101, et seq. and C.R.S. § 38-6-101, et seq. Section 5. The City Manager or his designee, in consultation with the City Attorney, is authorized to seek and to take immediate possession of the Subject
Property as may be necessary for constructing, installing, maintaining and using
public improvements for improving Ridge Road, and to make such deposits or other payments as may be necessary in connection therewith. If eminent domain proceedings are instituted, the City Manager or his designee, in consultation with the City Attorney, is authorized to retain such expert witnesses, including
appraisers, as the City determines are necessary for the condemnation
proceedings.
Section 6. The City Manager or his designee, in consultation with the City Attorney, are hereby specifically authorized to make such reasonable or necessary amendments and corrections to the terms and/or legal descriptions of
the Subject Property to be acquired, including authorization to include such
additional or other property rights necessary or desirable for the City to acquire so as to construct, install, maintain and use the public improvements for multi modal improvements. The Mayor and City Clerk are hereby authorized and directed to execute an acceptance of the interests in real property when
acquired.
Section 7. The City Council hereby finds, determines and declares that this Resolution is promulgated under the general police power of the City of Wheat Ridge, that it is adopted for the health, safety and welfare of the public, and that this Resolution 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 Resolution bears a rational relation to the proper legislative object sought to be obtained.
Section 8. If any clause, sentence, paragraph or part of this Resolution or the application thereof to any person or circumstances shall for any reason be
adjudged by a court of competent jurisdiction invalid, such judgment shall not
affect application to other persons or circumstances.
Section 9. This Resolution shall become effective immediately upon adoption.
DONE AND RESOLVED this 14th day of January 2019.
Bud Starker, Mayor
ATTEST:
Janelle Shaver, City Clerk
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A
ITEM NO: DATE: January 14, 2019 REQUEST FOR CITY COUNCIL ACTION
TITLE: RESOLUTION NO. 04-2018 - A RESOLUTION CONCERNING
THE ACQUISITION AND ACCEPTANCE OF PRIVATE
PROPERTY FOR THE PURPOSE OF CONSTRUCTING, INSTALLING, MAINTAINING, AND USING PUBLIC IMPROVEMENTS FOR IMPROVING WADSWORTH BOULEVARD BY EITHER NEGOTIATION AND VOLUNTARY PURCHASE OR, IF NECESSARY, THROUGH THE UTILIZATION OF THE CITY’S POWER OF EMINENT DOMAIN, AND AUTHORIZING SUCH ACTION AS NECESSARY TO ACCOMPLISH SAID PURPOSES
PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS
QUASI-JUDICIAL: YES NO
_______________________________ ______________________________ Engineering Manager City Manager
ISSUE: In April 2015 the City was awarded funding through the Denver Regional Council of Governments (DRCOG) Transportation Improvement Program (TIP) to improve Wadsworth Boulevard from 35th Avenue to 48th Avenue. The Environmental Assessment (EA) is currently
being reviewed and is expected to be finalized in early 2019. Preliminary and final design has
begun and is expected to be completed in early 2020.
The proposed improvements to Wadsworth Boulevard require that additional right-of-way (ROW) be purchased. In order for staff and HDR to proceed with the acquisitions of ROW, City Council must approve a resolution authorizing the acquisition and acceptance of the necessary
property.
Council Action Form – Wadsworth Boulevard Right of Way Resolution
January 14, 2019
Page 2 PRIOR ACTION: On October 12, 2015, the Council adopted the Planning and Environmental Linkage Study (PEL)
that identified traffic congestion and safety issues, developed multi-modal solutions, and identified related environmental issues and mitigation measures that needed further assessment. Also on October 12, 2015, an Intergovernmental Agreement (IGA) with CDOT was approved by Council, authorizing the environmental, design, and ROW acquisition phases.
On March 28, 2016, Council approved a contract with HDR to complete Phase I, the survey,
conceptual (30%) design and plans, and prepare the Environmental Assessment (EA). In 2017, additional work was identified involving the historical status of several properties along the Wadsworth Corridor. Amendments to the HDR contract were approved by Council on May 22, 2017 and November 13, 2017.
On August 27, 2018, Council approved a contract with HDR to continue to work on the project
to complete the preliminary and final design, including the preparation of construction plans and obtaining necessary state and federal approvals.
Lastly, on December 10, 2018, Council approved a contract for ROW acquisition services with HDR, Inc. to prepare ROW plans and acquire ROW necessary to construct project.
FINANCIAL IMPACT:
In April 2015, the City was awarded a grant in the amount $31.6 million through the DRCOG Transportation Improvement Program. The City’s required local match for that grant is $6,320,000. In early 2017, the City was awarded a Highway Safety Improvement Program (HSIP) grant for $2,600,000 to construct the medians with a federal share of $2,340,000. CDOT
is covering the local match of $260,000 because Wadsworth Boulevard is a state highway.
CDOT has also committed to providing $4,100,000 in additional funding that was previously programed for maintenance on this portion of Wadsworth Boulevard.
In late November 2018, City staff administratively approved an early action scope and fee of $72,600 with HDR to order the required 66 title commitments. On December 10, 2018, an
additional $1,344,394.91 was approved by City Council for the ROW acquisition work for a total
HDR contract for ROW acquisitions services of $1,416,994.91.
Proposed funding, that is estimated at $13 million, for ROW acquisition is budgeted in 2019 and 2020 in both the Capital Improvement Program (CIP) and 2E funding.
BACKGROUND: In October 2014, the City applied to DRCOG for federal transportation funds available for fiscal
years 2016 through 2021 to help fund a widening and improvement project on Wadsworth Boulevard from 35th Avenue to 48th Avenue. DRCOG awarded a Transportation Improvement Program (TIP) grant in October 2014.
The improvement of this segment of Wadsworth Boulevard has been a high priority for both
CDOT and the City of Wheat Ridge for more than 20 years. Lack of available funding has been
Council Action Form – Wadsworth Boulevard Right of Way Resolution
January 14, 2019
Page 3 the primary reason for postponing improvements. With an earlier grant, a Planning and
Environmental Linkage Study (PEL) was completed and adopted by Council on October 12,
2015. That study identified traffic congestion and safety issues, developed multi-modal solutions, and identified related environmental issues and mitigation measures that needed further assessment. The Final Recommended Alternative (FRA) from the PEL study identified the improvements needed to widen Wadsworth Boulevard between 35th and 48th Avenues to six
travel lanes, to provide additional turning capacity at the key congested intersections at 38th and
44th Avenues, and install medians to better manage access. Bicycle and pedestrian facilities were also included to add facilities for additional modes of transportation.
On March 28, 2016, Council approved a contract with HDR to complete the survey, conceptual (30%) design and plans, and prepare the Environmental Assessment (EA), which is the federally
required process to approve a final roadway design. The consultant team, City staff, and CDOT
started working to investigate and resolve issues identified in the PEL. In particular, the need to improve the traffic capacity at the major intersections of 38th Avenue and 44th Avenues was addressed further.
Most of the elements from the FRA were kept and have moved forward through the EA process;
however, a couple of major items were changed or added. In response to needing additional
capacity at the 38th and 44th Avenue intersections, the design of those intersections was changed from a traditional signalized design with double left turn lanes on all four legs of the intersection, to continuous flow intersections (CFIs). The CFI designs were determined to be a better solution to increase capacity and have the least impact to adjacent parcels. Also a pedestrian connection
was added to the Clear Creek Trail on the east side. These changes were included in the update
to Council at the March 20, 2017 Study Session.
An update on the environmental process was provided to the Council at the April 16, 2018 Study Session. The results of the value engineering (VE) workshop were then discussed with Council at the June 4, 2018 Study Session. The VE workshop outcomes that were accepted to move
forward were to replace the sidewalk/2-way cycle track with a combined wide multi-use path,
reduce the median and amenity zone widths, revise the access at 47th/48th Avenues, and revise the retaining wall design at the north end of the project. The VE workshop is required for projects that receive federal funding that have a total cost exceeding $40 million.
The draft EA has been reviewed by CDOT staff and was reviewed by the Federal Highway
Administration (FHWA) in December 2018. CDOT is currently reviewing the revisions to
address FHWA’s comments. The EA is expected to be finalized in early 2019, with a public meeting being held in April 2019. The decision document, which is expected to be a Finding of No Significant Impact (FONSI), will follow soon after with approval expected in June 2019.
The preliminary design has started with an internal kick-off meeting being held with City and
consultant staff on November 9, 2018. The official kick-off with CDOT staff was held on
December 11, 2018.
Council Action Form – Wadsworth Boulevard Right of Way Resolution
January 14, 2019
Page 4 Award of the third and final phase of the project, construction assistance, will be presented to
Council for approval at a later date. The City retains the option to continue working with the
awarded firm, HDR, Inc., for Phase III with the scope and fee being negotiated at that time.
On December 10, 2018, Council approved a contract for ROW acquisition services with HDR, Inc. to prepare ROW plans and acquire ROW necessary to construct project.
In order for staff and the consultant to proceed with the acquisitions that are necessary along
Wadsworth Boulevard, City Council needs to approve a resolution authorizing the acquisition of
ROW on Council’s behalf. The resolution also authorizes the Mayor and City Clerk to accept the ROW on behalf of the Council.
The ROW acquisition must follow the lengthy federal process, since federal funding is involved. This will likely take more than 12 months to complete, so to keep the ROW acquisition process
moving forward as quickly as possible, the resolution includes the authorization to condemn
property if negotiations to acquire the property voluntarily are unsuccessful.
RECOMMENDATIONS: Staff recommends that City Council approve the attached resolution authorizing acquisition and acceptance of certain properties for the purposes of improving Wadsworth Boulevard.
RECOMMENDED MOTION: “I move to approve Resolution No. 04-2019 a resolution concerning the acquisition and acceptance of private property for the purpose of constructing, installing, maintaining and using public improvements for improving Wadsworth Boulevard by either negotiation and voluntary
purchase or, if necessary, through the utilization of the City’s power of eminent domain, and
authorizing such action as necessary to accomplish said purposes.” Or,
“I move to postpone indefinitely Resolution No. 04-2019, a resolution concerning the acquisition
and acceptance of private property for the purpose of constructing, installing, maintaining and using public improvements for improving Wadsworth Boulevard by either negotiation and voluntary purchase or, if necessary, through the utilization of the City’s power of eminent domain, and authorizing such action as necessary to accomplish said purposes, for the following
reason(s) __________________________________________.”
REPORT PREPARED/REVIEWED BY: Mark Westberg, Project Manager
Steve Nguyen, Engineering Division Manager
Kenneth Johnstone, Director of Community Development Patrick Goff, City Manager
Council Action Form – Wadsworth Boulevard Right of Way Resolution
January 14, 2019
Page 5 ATTACHMENTS: 1. Resolution 04-2019
Exhibit A – Conceptual Plans
CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 04
Series of 2019
TITLE: A RESOLUTION CONCERNING THE ACQUISITION AND ACCEPTANCE OF PRIVATE PROPERTY FOR THE PURPOSE OF CONSTRUCTING, INSTALLING,
MAINTAINING, AND USING PUBLIC IMPROVEMENTS FOR IMPROVING WADSWORTH BOULEVARD BY EITHER NEGOTIATION AND VOLUNTARY PURCHASE OR, IF NECESSARY, THROUGH THE UTILIZATION OF THE CITY’S POWER OF EMINENT DOMAIN, AND AUTHORIZING SUCH
ACTION AS NECESSARY TO ACCOMPLISH SAID PURPOSES WHEREAS, the City of Wheat Ridge, Colorado possesses the power of eminent domain pursuant to Article XX, §§1 and 6 of the Colorado Constitution, Section 16.4 and
1.3 of the City of Wheat Ridge Home Rule Charter, C.R.S. §38-1-101, et seq., and C.R.S. § 38-6-101, et seq.; and WHEREAS, the City Council for the City of Wheat Ridge seeks to acquire certain property rights more particularly described on the attached Exhibit A for the purposes
of constructing, installing, maintaining and using public improvements for improving
Wadsworth Boulevard in Wheat Ridge, Colorado; and WHEREAS, the City of Wheat Ridge has complied and intends to continue to comply with all applicable provisions of C.R.S. § 38-1-101, et seq., including, but not
limited to, the notice and good faith negotiation requirements and provisions thereof.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge that:
Section 1. The term “Subject Property” means the interest in the real property
more particularly described in attached Exhibit A.
Section 2. The City Council hereby finds that the acquisition of the Subject Property for the construction, installation, maintenance and use of the public improvements for improving Wadsworth Boulevard will serve a proper, public and
municipal purpose and use, and that such acquisition is necessary and essential
to this public purpose and use. The City Council hereby declares its intent to acquire the Subject Property for the purposes stated herein. Section 3. The City Manager or his designee, in consultation with the City
Attorney, is directed to provide notice of the City’s intent to acquire the Subject
Property to the various owners of said property, and to thereafter conduct good faith negotiations with the owners for the acquisition of the property rights sought.
ATTACHMENT 1
The City Manager is authorized to make offers for all or portions of the Subject Property based upon the appraisal or fair market valuation of the same, and is
further authorized to execute agreements for the acquisition of all or portions of
the Subject Property as described on the attached Exhibit A: Wadsworth Boulevard Widening plans. Section 4. If, after making good faith offers to acquire the Subject Property,
the City is unable to acquire the necessary property rights by negotiation and/or
voluntary purchase, the City Attorney is hereby authorized to institute and prosecute eminent domain proceedings in the name of the City so as to acquire the Subject Property by condemnation. In the prosecution of any eminent domain actions to acquire the Subject Property, the City shall have and retain all
rights and powers lawfully delegated to it by the Colorado Constitution, the City of Wheat Ridge Home Rule Charter, and C.R.S. § 38-1-101, et seq. and C.R.S. § 38-6-101, et seq. Section 5. The City Manager or his designee, in consultation with the City
Attorney, is authorized to seek and to take immediate possession of the Subject
Property as may be necessary for constructing, installing, maintaining and using public improvements for improving Wadsworth Boulevard, and to make such deposits or other payments as may be necessary in connection therewith. If eminent domain proceedings are instituted, the City Manager or his designee, in
consultation with the City Attorney, is authorized to retain such expert witnesses,
including appraisers, as the City determines are necessary for the condemnation proceedings.
Section 6. The City Manager or his designee, in consultation with the City Attorney, are hereby specifically authorized to make such reasonable or
necessary amendments and corrections to the terms and/or legal descriptions of
the Subject Property to be acquired, including authorization to include such additional or other property rights necessary or desirable for the City to acquire so as to construct, install, maintain and use the public improvements for multi modal improvements. The Mayor and City Clerk are hereby authorized and
directed to execute an acceptance of the interests in real property when
acquired.
Section 7. The City Council hereby finds, determines and declares that this Resolution is promulgated under the general police power of the City of Wheat Ridge, that it is adopted for the health, safety and welfare of the public, and that
this Resolution 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 Resolution bears a rational relation to the proper legislative object sought to be obtained.
Section 8. If any clause, sentence, paragraph or part of this Resolution or the
application thereof to any person or circumstances shall for any reason be
adjudged by a court of competent jurisdiction invalid, such judgment shall not affect application to other persons or circumstances.
Section 9. This Resolution shall become effective immediately upon adoption.
DONE AND RESOLVED this 14th day of January 2019.
Bud Starker, Mayor
ATTEST:
Janelle Shaver, City Clerk
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PROPOSED SIDEWALK
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BUS STOP (TYP.)
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Comments
Subset:
Numbers
8/8/2018
Wadsworth_EA_DES_Plan 01 STA 10+00 to 24+00
of
21006
425 B Corporate Circle
Phone:
Golden, CO 80401
720-497-6954 FAX:720-497-6951
Colorado Department of Transportation
Region 1 KPB
NHPP 1211-086
Unit Leader: JFUnit Information: Region 1
Phone: 303-832-9091 Fax: 303-832-9096
Denver, Colorado 80202-4922
1600 Broadway, Suite 1100
Horiz. Scale:Vert. Scale:
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AMENITY ZONE
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PROPOSED SIDEWALK
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EXISTING ROW
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204+00
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Structure
No Revisions:
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Detailer:
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Init.Date:
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File Name:
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:4
5
:5
3
A M
p
w
:\
\
P W A P
P
O M A 0
0
1
:N o
r t
h C
e
n t r
a
l _
O m
a
h a
\
D o
c
u m
e
n t
s
\
C o l o
r
a
do
_
D e
p t
_
o
f _
T r
a
n s
po
r t a
ti
o
n
_
R 1 \
W h e
a
t
_
R i d
g
e
_
W
a
d s w o r t h_
E A \
W h
e
a
t _
R i dg
e
_
W a
d
s
w
o
r
t h_
E A \
6
.0
_
C AD
_
B
I M \
6
.2
_
W o r
k_
I n_
P
r o
g
r e
s
s
\
D e s i g
n
\
D r a
w
i ng
s
\
S h e
e
t s
10
0
S
ca
l e
\
W a d
s
w o
r t
h_
E A _
D E
S _
P
l a n 02 S T A 24 +00 t o 38 +00
Comments
Subset:
Numbers
8/8/2018
Wadsworth_EA_DES_Plan 02 STA 24+00 to 38+00
of
21006
425 B Corporate Circle
Phone:
Golden, CO 80401
720-497-6954 FAX:720-497-6951
Colorado Department of Transportation
Region 1 KPB
NHPP 1211-086
Unit Leader: JFUnit Information: Region 1
Phone: 303-832-9091 Fax: 303-832-9096
Denver, Colorado 80202-4922
1600 Broadway, Suite 1100
Horiz. Scale:Vert. Scale:
E. Guinard
V
P
I
=
2
5
+
0
0
.0
0
E
L
.=
5
4
4
7
.4
0
'
-1
.80%
-1.80%-1.20%
-1
.73%
-1
.93%
-1
.93%
-1.68%
-2
.14%
-0.97%
V.C. = 230.00'
e = -0.26'
K = 251.25
V
P
I =
2
7
+
5
0
.
0
0
EL
.=
5
4
4
2
.9
0
'
V
P
I =
2
7
+
7
5
.
0
0
EL
.=
5
4
4
2
.4
5
'
V
P
I =
2
8
+
0
0
.0
0
E
L
.
=
5
4
4
2
.
15
'
EL
.=
5
4
4
1
.
2
9
'
V
P
I =
2
8
+
5
0
.
0
0
E
L
.=
5
4
4
0
.3
2
'
V
P
I =
2
9
+0
0
.0
0
V
P
I =
2
9
+
5
0
.0
0
E
L
.
=5
4
3
9
.3
5
'
E
L
.
=
5
4
3
7
.6
7
'
V
P
I =
3
0
+
5
0
.0
0
V
P
I =
3
1
+
5
0
.0
0
E
L
.=
5
4
3
5
.
5
3
'
EL
.=
5
4
4
5
.3
3
'
V P
T
=
2
6
+
15
.
0
0
SSD > 360'
MDS =
21 22
2
5
2
6
23 2420
W
4
4
T
H
AV
E
W
3
8
T H
AV
E
27
100'0'50'200'
RDWY
24+00 25+00 26+00 27+00 28+00 29+00 30+00 31+00 32+00 33+00 34+00 35+00 36+00 37+00 38+00
KEY MAP
5420
5430
5440
5450
5460
5420
5430
5440
5450
5460
W
3
9
T
H
A
V
E
W
3
9
T
H
A
V
EMAT
C
H
L
I
N
E
S
T
A
2
4
+
0
0
M A T
C
H
L
I
N
E
S
T
A
3
8
+
0
0
M
A T
C
H
L
I
N
E
S
T
A
2
4
+
0
0
M A T
C
H
L
I
N
E
S
T
A
3
8
+
0
0
STA 24+00 TO STA 38+00
PLAN AND PROFILE
WADSWORTH BLVD
2 9
1"=100'1"=10'
W
3
8
T
H
AV
E
W
3
8
T
H
A
V
E
WADSWORTH BLVD
W
4
1
S
T
A
V
E
K. Harrison-Hixson 23
SA
ST
SA
ST
T
SAST
SA
SA
ST
SA
SA
SA
SA
T
LOCAL
E
SA
ST
SA
SASA
SA
SASA
GROUND
EXISTING
EXISTING ROW
PROPOSED ROW
PGL
WAD HCLAMENITY ZONE
PROPOSED
PROPOSED SIDEWALK
3 ACRE HCL
44TH HCL
EXISTING ROW
PROPOSED ROW PROPOSED SIDEWALK
AMENITY ZONE
PROPOSED END WALL 1E
STA 41+25.19
BEGIN WALL 1E
STA 38+09.82
BEGIN WALL 2E
STA 41+81.61
END WALL 2E
STA 44+35.80
3
8
+
0
0
3
9
+
0
0
4
0
+
0
0
4
1
+
0
0
4
2
+0
0
4
3
+
0
0
4
4
+
0
0
4
5
+
0
0
4
6
+
0
0
4
7
+
0
0
4
8
+
0
0
4
9
+
0
0
5
0
+
0
0
5
1
+
0
0
5
2
+
0
0
305+00
306+00
307+00
0+00
2+00
2+65
1+00
0+00
2+00
2+88.11
Structure
No Revisions:
Revised:
Void:
Detailer:
Designer:
Sheet NumberSubset Sheets:
Init.Date:
Sheet Revisions As Constructed Project No./CodePrint Date:
File Name:
G u i n
a
r d
8
:4
6
:2
9
A M
p w :\
\
P
W
A P
P
O M A 0
0
1
:N o r t h C e n t
r a
l _
O m
a h a
\
D o c u m
e
n
t s
\
C o
l o r a do
_
D e
p
t _
o
f _
T r a n s p
o
r
t a t
i
on
_
R 1 \
W h e
a
t _
R i dg
e
_
W a d
s
w
o
r t
h_
E A \
W h ea
t
_
R i d
g
e _
W a
d s w o
r t h
_
E A \
6 .0
_
C AD
_
B I M \
6 .2
_
W o
r k_
I
n
_
P r
og
r e
ss
\
D e
s
i gn
\
D r a w i ng
s
\
S
h e
e
t
s
10
0
S c
a
l e \
W
a
d s
w o r t h_
E
A _
D E S
_
P l a n 03 S T A 38 +00 t o 52 +00
Comments
Subset:
Numbers
8/8/2018
Wadsworth_EA_DES_Plan 03 STA 38+00 to 52+00
of
21006
425 B Corporate Circle
Phone:
Golden, CO 80401
720-497-6954 FAX:720-497-6951
Colorado Department of Transportation
Region 1 KPB
NHPP 1211-086
Unit Leader: JFUnit Information: Region 1
Phone: 303-832-9091 Fax: 303-832-9096
Denver, Colorado 80202-4922
1600 Broadway, Suite 1100
Horiz. Scale:Vert. Scale:
E. Guinard
V
P
C
=
3
9
+
10
.
0
0
EL
.=
5
4
2
8
.2
2
'
V
P
I
=
3
9
+
8
5
.0
0
E
L
.=
5
4
2
7
.
5
1
'
V
P
T
=4
0
+6
0
.
0
0
E
L
.=
5
4
2
5
.9
4
'
V
P
I =
4
4
+
5
0
.0
0
E
L
.=
5
4
1
7
.
7
6
'
V
P
I
=
4
9
+
2
5
.0
0
EL
.=
5
4
0
6
.4
2
'
-0.94%
-2
.10%
-2.39
%
-1.35%
V.C. = 150.00'
e = -0.22'
SSD = 1007'
K = 129.52
V
P
I
=
3
8
+
0
0
.
0
0
E
L
.=
5
4
2
9
.
2
5
'
MDS =
21 22
2
5
2
6
23 2420
W
4
4
T
H
AV
E
W
3
8
T H
AV
E
27
100'0'50'200'
RDWY
38+00 39+00 40+00 41+00 42+00 43+00 44+00 45+00 46+00 47+00 48+00 49+00 50+00 51+00 52+00
KEY MAP
5400
5410
5420
5430
5440
5400
5410
5420
5430
5440
3
1"=100'1"=10'
9
STA 38+00 TO STA 52+00
PLAN AND PROFILE
WADSWORTH BLVD
M A T
C
H
L
I
N
E
S
T
A
3
8
+
0
0
M A T
C
H
L
I
N
E
S
T
A
5
2
+
0
0
M A T
C
H
L
I
N
E
S
T
A
3
8
+
0
0
M A T
C
H
L
I
N
E
S
T
A
5
2
+
0
0
3
A C
R
E
L
N
WADSWORTH BLVD
W
4
4
T
H
A
V
E
K. Harrison-Hixson 24
SA
ST
SA
W
SA
T
T
SA
ST
W
ST
SA
ST
SA
ST
GROUND
EXISTING
PGL
WAD HCL
W 45TH PL HCL
W 46TH HCL
W 45TH HCL
AMENITY ZONE
PROPOSED
PROPOSED SIDEWALK
EXISTING ROW
PROPOSED ROW
EXISTING ROW
PROPOSED ROW
PROPOSED SIDEWALK
AMENITY ZONE
PROPOSED
BEGIN WALL 1W
STA 54+41.62
END WALL 1W
STA 55+68.73
END WALL 2W
STA 57+77.10
BEGIN WALL 2W
STA 56+73.35
END WALL 3E
STA 60+54.27
BEGIN WALL 3E
STA 57+95.81
5
2
+
0
0
5
3
+
0
0
5
4
+
0
0
5
5
+
0
0
5
6
+
0
0
5
7
+0
0
5
8
+
0
0
5
9
+
0
0
6
0
+
0
0
6
1
+
0
0
6
2
+
0
0
6
3
+
0
0
6
4
+0
0
6
5
+
0
0
6
6
+
0
0
1+00
1+26
1+00
1+33
1+00
1+31
6
1
1
+
0
3
Structure
No Revisions:
Revised:
Void:
Detailer:
Designer:
Sheet NumberSubset Sheets:
Init.Date:
Sheet Revisions As Constructed Project No./CodePrint Date:
File Name:
G u i n
a
r d
8
:4
7
:0
4
A M
p w :\
\
P
W A PP
O M A 00
1
:N o r
t h C e n t
r a l _
O m
a
h a \
D o
c u m
e n t
s
\
C o
l o r
a
do
_
D e p
t _
o
f _
T r a
n s po
r t
a
ti
o
n
_
R
1 \
W h ea
t _
R
i dg
e _
W a d s
w o
r t
h
_
E A \
W h e
a
t
_
R i d
g
e
_
W
a
d s
w o r t h_
E A \
6 .0
_
C AD
_
B I M \
6 .2
_
W o
r k_
I n_
P
r
o
g
r
e
s
s
\
D e
s
i gn
\
D r
a
w i ng
s \
S
h
e
e
t
s
10
0
S c
a
l e \
W a
d
s
w o r
t h_
E
A _
D E S
_
P
l a n 04 S T A 52 +00 t o 66 +00
Comments
Subset:
Numbers
8/8/2018
Wadsworth_EA_DES_Plan 04 STA 52+00 to 66+00
of
21006
425 B Corporate Circle
Phone:
Golden, CO 80401
720-497-6954 FAX:720-497-6951
Colorado Department of Transportation
Region 1 KPB
NHPP 1211-086
Unit Leader: JFUnit Information: Region 1
Phone: 303-832-9091 Fax: 303-832-9096
Denver, Colorado 80202-4922
1600 Broadway, Suite 1100
Horiz. Scale:Vert. Scale:
E. Guinard
V
P
I =
5
3
+
5
0
.
0
0
E
L
.=
5
4
0
0
.7
0
'
V P
I
=5
7
+
0
0
.0
0
EL
.=
5
3
9
5
.
9
0
'
V
P
I =
5
8
+
5
0
.0
0
E
L
.
=
5
3
9
4
.0
3
'
V
P
I =
5
9
+
0
0
.0
0
E
L
.=
5
3
9
3
.2
3
'
V
P
I =
6
2
+
0
0
.0
0
E
L
.
=5
3
8
7
.7
6
'
V
P
I =
6
3
+
5
0
.0
0
E
L
.=
5
3
8
4
.8
6
'
V
P
I
=
6
4
+
5
0
.0
0
E
L
.=
5
3
8
3
.
14
'
V P
I
=
6
5
+
5
0
.
0
0
E
L
.=
5
3
8
1
.2
9
'
-1.37%
-1.25%
-1.62%
-1
.82%
-1
.93%
-1
.72%
-1.85%
-1.35%
21 22
2
5
2
6
23 2420
W
4
4
T H
AV
E
W
3
8
T
H
AV
E
27
100'0'50'200'
RDWY
52+00 53+00 54+00 55+00 56+00 57+00 58+00 59+00 60+00 61+00 62+00 63+00 64+00 65+00 66+00
KEY MAP
W
4
5
T
H
A
V
E
W
4
5
T
H
P
L
W
4
6
T
H
A
V
E
5370
5380
5390
5400
5410
5370
5380
5390
5400
5410
4
STA 52+00 TO STA 66+00
PLAN AND PROFILE
WADSWORTH BLVD
1"=100'1"=10'
9
M A
T
C
H
L
I
N
E
S
T
A
6
6
+
0
0
M A T
C
H
L
I
N
E
S
T
A
5
2
+
0
0
M A
T
C
H
L
I
N
E
S
T
A
6
6
+
0
0
M A T
C
H
L
I
N
E
S
T
A
5
2
+
0
0
WADSWORTH BLVD
K. Harrison-Hixson 25
SA
ST
SA
SA
T
T
SA SA
PP
SA
SA
SA
SA
SA
E
E
T
SA
SA
SA
GROUND
EXISTING
GROUND
EXISTINGPGL
PGL
BEGIN WALL 4W
STA 72+69.24
END WALL 4W
STA 74+58.96
BEGIN WALL 5W
STA 75+42.15
END WALL 5W
STA 78+44.82
PROPOSED SIDEWALKPROPOSED ROW
EXISTING ROW
EXISTING ROW
PROPOSED ROW
PROPOSED SIDEWALK END WALL 4E
STA 75+48.06
BEGIN WALL 4E
STA 74+96.48
WAD HCL
47TH HCL
W48TH HCL JOHNSON PARK HCL
C
n
d
:
G
o
o
d
D
e
p
t
h
:
L
e
s
s
t
h
a
n
0
.
5
f
t
E
r
o
s
i
o
n
:
N
o
n
e
F
l
o
w
:
C
o
n
t
i
n
u
o
u
s
6
6
+
0
0
6
7
+
0
0
6
8
+0
0
6
9
+
0
0
7
0
+
0
0
7
1
+
0
0
7
2
+
0
0
7
3
+0
0
7
4
+
0
0
7
5
+
0
0
7
6
+
0
0
7
7
+
0
0
7
8
+
0
0
7
9
+
0
0
7
9
+
5
0
0+00
1+00
1+00
0+00
0+00
1+521+52
Structure
No Revisions:
Revised:
Void:
Detailer:
Designer:
Sheet NumberSubset Sheets:
Init.Date:
Sheet Revisions As Constructed Project No./CodePrint Date:
File Name:
G u i n
a
r d
8
:4
7
:4
1
A M
p
w :\
\
P
W
A P
P
O M A 0
0
1
:N o
r t h C e n
t r a
l _
O m
a h a
\
D o c
u
m
e
n t s \
C
o
l o
r a d
o
_
D e
p t _
o
f _
T
r a n s
p
o
r
t a t
i
on
_
R 1 \
W h
e
a
t _
R i dg
e
_
W a
d
s
w
o
r
t h_
E A \
W h ea
t _
R
i dg
e _
W a d s w o
r t
h
_
E A \
6
.0
_
C
AD
_
B I M \
6 .2
_
W o
r k_
I n_
P r og
r e ss
\
D e
s
i gn
\
D r a w i ng
s
\
S
h ee
t
s
10
0
S
c
a
l e
\
W a
d s w o
r t h_
E A _
D E S
_
P l a n 05 S T A 66 +00 t o 79 +50 (E O P )
Comments
Subset:
Numbers
8/8/2018
Wadsworth_EA_DES_Plan 05 STA 66+00 to 79+50 (EOP)
of
21006
425 B Corporate Circle
Phone:
Golden, CO 80401
720-497-6954 FAX:720-497-6951
Colorado Department of Transportation
Region 1 KPB
NHPP 1211-086
Unit Leader: JFUnit Information: Region 1
Phone: 303-832-9091 Fax: 303-832-9096
Denver, Colorado 80202-4922
1600 Broadway, Suite 1100
Horiz. Scale:Vert. Scale:
E. Guinard
V
P
C
=
7
0
+
5
5
.0
0
E
L
.=
5
3
7
0
.3
9
'
V
P
I =
7
2
+
0
5
.
0
0
E
L
.=
5
3
6
7
.15
'
-2
.16%
e = -2.00'
K = 56.33
V.C. = 300.00'
MDS = 35 mph
SSD = 343'
5
3
5
2
.
5
9
5
3
4
7
.8
9
5
3
3
9
.
2
3
5
3
3
2
.
7
2
5
3
2
8
.
7
0
5
3
5
9
.
7
7
5
3
5
2
.
5
5
5
3
4
5
.0
7
5
3
3
7
.6
4
5
3
3
1
.18
5
3
2
6
.
0
1
V
P
T
=
7
3
+
5
5
.
0
0
E
L
.=
5
3
5
5
.
9
2
'
V
P
I
=
7
7
+
10
.0
0
E
L
.=
5
3
2
9
.3
5
'V
P
I
=
7
8
+
5
6
.
0
0
E
L
.=
5
3
2
3
.
6
8
'
-7.49
%
-7.49
%
-
3.
8
8
%
V.C. = 280.00'
e = 1.26'
K = 77.76
V
P
T
=7
8
+
5
0
.0
0
EL
.=
5
3
2
3
.9
1
'
E
L
.
=
5
3
3
9
.8
3
'
V
P
C
=
7
5
+
7
0
.0
0
-7.49
%
-
3.
8
8
%
MDS = 40 mph
SSD = 273'
21 22
2
5
2
6
23 2420
W
4
4
T
H
AV
E
W
3
8
T H
AV
E
27
100'0'50'200'
RDWY
66+00 67+00 68+00 69+00 70+00 71+00 72+00 73+00 74+00 75+00 76+00 77+00 78+00 79+00 80+00
KEY MAP
W
4
7
T
H
A
V
E
W
4
8
T
H
A
V
E
W
4
8
T
H
A
V
E
5380
5370
5390
5360
5350
5360
5350
5340
5330
5320
5
M A
T
C
H
L
I
N E
S
T
A
6
6
+
0
0
M A
T
C
H
L
I
N
E
S
T
A
6
6
+
0
0
1"=100'1"=10'
6
STA 66+00 TO STA 79+50
PLAN AND PROFILE
WADSWORTH BLVD
J
O
H
N
S
O
N
P
A
R
K
WADSWORTH BLVD
67-I/07-I
PMAR-
NO
K. Harrison-Hixson
MATCH EXISTING
STA 77+72.52
AND HMA OVERLAY
(PLANING), WIDENING
END REMOVAL OF ASPHALT MAT
MATCH EXISTING
STA 74+95.00
AND HMA OVERLAY
(PLANING), WIDENING
ASPHALT MAT
BEGIN REMOVAL OF
RECONSTRUCTION NB
END PAVEMENT
SOUTHBOUND PROPOSED PROFILE
MATCH EXISTING
STA 78+68.29
(PLANING) AND HMA OVERLAY
END REMOVAL OF ASPHALT MAT
END PAVEMENT RECONSTRUCTION SB
END PROJECT
26
T
SA
SA
SA
SA
W
ST
SA
SA
E E
PP
SA
SA
SA
SA
SA
SA
ST
SA
SASA
ST
SA
G
PP
ST
T
E
ST
SA
WW
GROUND
EXISTING
PGL
38TH HCL
PROPOSED ROW
EXISTING ROW
PROPOSED ROW
EXISTING ROW
WAD HCL
(TYP.)
BUS STOP
(TYP.)
BUS STOP
Structure
No Revisions:
Revised:
Void:
Detailer:
Designer:
Sheet NumberSubset Sheets:
Init.Date:
Sheet Revisions As Constructed Project No./CodePrint Date:
File Name:
G u i n
a
r d
8
:4
8
:18
A M
p
w :\
\
P W A P
P
O M A 0
0
1
:N o
r t
h
C e
n
t r
a
l _
O m
a
h
a
\
D o c
u
m
e
n t s \
C
o
l o
r a d
o
_
D e
p t _
o
f _
T
r a
n
s
p
o
r
t a t
i
on
_
R 1 \
W
h
e
a
t _
R i dg
e
_
W a
d
s
w o r
t h_
E A \
W h ea
t _
R
i dg
e _
W a d s
w o
r t
h_
E A \
6
.0
_
C
AD
_
B I
M \
6
.2
_
W
o
r k
_
I n_
P r og
r e ss
\
D e
s
i gn
\
D r a w i n
g
s
\
S
h ee
t s
10
0
S
c
a
l e
\
W a
d s w o
r t
h
_
E A _
D E S
_
P l a n 06 38 t h A v e nu e
Comments
Subset:
Numbers
8/8/2018
Wadsworth_EA_DES_Plan 06 38th Avenue
of
21006
425 B Corporate Circle
Phone:
Golden, CO 80401
720-497-6954 FAX:720-497-6951
Colorado Department of Transportation
Region 1 KPB
NHPP 1211-086
Unit Leader: JFUnit Information: Region 1
Phone: 303-832-9091 Fax: 303-832-9096
Denver, Colorado 80202-4922
1600 Broadway, Suite 1100
Horiz. Scale:Vert. Scale:
E. Guinard
2
3
+
0
0
2
4
+
0
0
2
5
+
0
0
2
6
+
0
0
2
7
+
0
0
2
0
0
+
0
0
2
0
1
+
0
0
2
0
2
+0
0
2
0
3
+
0
0
2
0
4
+
0
0
2
0
5
+
0
0
2
0
6
+
0
0
2
0
7
+
0
0
2
0
8
+
0
0
2
0
9
+
0
0
2
0
9
+
7
8
2
0
9
+
7
8
M A T
C H
E X I
S
T
I
NG
3
8
T
H
AV
E
B
E
G
I N
R E
C
ON
S
T
R U
C
T
I ON
3
8
T
H
A
V
E
E ND
R
E C
O
N
S
T
R
U
C
T
I ON
V
P
I
=
2
0
0
+
3
1
.5
1
E
L
.
=
5
4
4
8
.
0
4
'
V
P
C
=
2
0
2
+
2
5
.3
2
E
L
.
=5
4
4
7
.
0
7
'
V
P
I =
2
0
2
+
8
5
.3
2
E
L
.=
5
4
4
6
.
7
7
'
V
P
T
=
2
0
3
+
4
5
.
3
2
E
L
.=
5
4
4
7
.0
7
'
V
P
I
=
2
0
4
+
2
4
.4
2
E
L
.=
5
4
4
7
.4
7
'
V
P
I
=
2
0
4
+
8
2
.5
8
E
L
.=
5
4
4
7
.7
6
'
V
P
I
=
2
0
5
+
3
9
.0
8
E
L
.=
5
4
4
7
.4
7
'
V
P
I
=
2
0
6
+
8
4
.5
8
E
L
.=
5
4
4
5
.6
7
'
V
P
I
=
2
0
9
+
7
7
.9
1
E
L
.=
5
4
4
3
.4
1
'
V.C. = 120.00'
e = 0.15'
SSD = 513'
K = 120.00
-1.00%
-1.00%
-1.00%0.00%0.00%
MDS =
-0.00%
21 22
2
5
2
6
23 2420
W
4
4
T H
A V
E
W
3
8 T H
A V E
27
100'0'50'200'
RDWY
Y
U
K
O
N
C
T
200+00 201+00 202+00 203+00 204+00 205+00 206+00 207+00 208+00 209+00 210+00
KEY MAP
5450
5440
5460
5470
5430
5470
5460
5450
5430
5420
6
STA 200+00 TO STA 209+78
PLAN AND PROFILE
W 38TH AVENUE
9
1"=100'1"=10'
MATCH EXISTING
38TH AVE
END RECONSTRUCTION
STA 209+77.91
MATCH EXISTING
38TH AVE
BEGIN RECONSTRUCTION
STA 209+31.51
W 38TH AVE
W
A
D
S
W
O
R
T
H
B
L
V
D
RTD
R T
D
RTD
K. Harrison-Hixson 27
SA STST
SA
SA
SA
ST
ST
T
SA
G
SA
E
"WAD" HCL
BUS STOP (TYP)44TH HCL
BUS STOP (TYP)
PGL
GROUND
EXISTING
PROPOSED ROW
EXISTING ROW
PROPOSED ROW
EXISTING ROW
Structure
No Revisions:
Revised:
Void:
Detailer:
Designer:
Sheet NumberSubset Sheets:
Init.Date:
Sheet Revisions As Constructed Project No./CodePrint Date:
File Name:
G u i n
a
r d
8
:4
8
:5
5
A M
p
w
:\
\
P W A P
P
O M A 0
0
1
:N o
r t
h C
e
n t r
a
l _
O m
a
h a
\
D o
c
u m
e
n t
s
\
C o l o
r
a
do
_
D e
p t
_
o
f _
T r
a
n s
po
r t a
ti
o
n
_
R 1 \
W h e
a
t
_
R i d
g
e
_
W
a
d s w o r t h_
E A \
W h
e
a
t _
R i dg
e
_
W a
d
s
w
o
r
t h_
E A \
6
.0
_
C AD
_
B
I M \
6
.2
_
W o r
k_
I n_
P
r o
g
r e
s
s
\
D e s i g
n
\
D r a
w
i ng
s
\
S h e
e
t s
10
0
S
ca
l e
\
W a d
s
w o
r t
h_
E A _
D E
S _
P
l a n 07 44 t h A v e nu e
Comments
Subset:
Numbers
8/8/2018
Wadsworth_EA_DES_Plan 07 44th Avenue
of
21006
425 B Corporate Circle
Phone:
Golden, CO 80401
720-497-6954 FAX:720-497-6951
Colorado Department of Transportation
Region 1 KPB
NHPP 1211-086
Unit Leader: JFUnit Information: Region 1
Phone: 303-832-9091 Fax: 303-832-9096
Denver, Colorado 80202-4922
1600 Broadway, Suite 1100
Horiz. Scale:Vert. Scale:
E. Guinard
4
9
+
0
0
5
0
+
0
0
5
1
+
0
0
5
2
+
0
0
5
3
+
0
0
3
0
0
+
0
0
3
0
1 +
0
0
3
0
2
+
0
0
3
0
3
+
0
0
3
0
4
+
0
0
3
0
5
+
0
0
3
0
6
+
0
0
3
0
7
+
0
0
3
0
8
+
0
0
3
0
9
+
0
0
3
1
0
+
0
0
3
1
0
+
8
0
44TH AVE
BEGIN WORK
STA 299+20.30
44TH AVE
END WORK
STA 310+69.17
B
E
G
I N
R E S
T
R I
P
I
NG
E
N
D
R
E
C
ON
S
T
R
U C
T
I
O
N
M A T
C
H
E
X I S
T
I
N
G
B E G I
N
R
E
C
ON
S
T
R
U C
T
I
O
N
V
P
I
=
3
0
0
+
3
9
.
5
2
E
L
.
=
5
4
0
8
.7
3
'
V
P
C =
3
0
3
+
9
0
.0
0
EL
.
=
5
4
0
4
.19
'
V P
I
=3
0
4
+5
0
.0
0
E
L
.
=5
4
0
3
.4
1
'
V
P
T
=
3
0
5
+
10
.0
0
EL
.
=
5
4
0
3
.7
1
'
V
P
I
=
3
0
5
+
15
.3
6
EL
.=
5
4
0
3
.7
4
'
V
P
I
=
3
0
5
+
6
5
.0
8
EL
.
=
5
4
0
3
.9
8
'
V
P
I =
3
0
6
+
0
4
.
4
0
EL
.
=
5
4
0
3
.7
6
'
V
P
C
=
3
0
6
+
5
0
.7
4
E
L
.
=
5
4
0
3
.2
7
'
V
P
I
=
3
0
7
+2
0
.0
0
E
L
.=
5
4
0
2
.
5
4
'
V P
T
=
3
0
7
+
8
9
.
2
6
EL
.
=
5
4
0
2
.8
9
'
V
P
I
=
3
1
0
+
5
8
.3
3
EL
.=
5
4
0
4
.2
3
'
V.C. = 120.00'
e = 0.27'
SSD = 6977'
K = 66.89
V.C. = 138.52'
e = 0.27'
SSD = 401'
K = 89.17
MDS = MDS =
-1.00%
-1.00%-1.00%0.00%0.00%1.00%
21 22
2
5
2
6
23 2420
W
4
4
T
H
AV
E
W
3
8
T H
AV
E
27
100'0'50'200'
RDWY
300+00 301+00 302+00 303+00 304+00 305+00 306+00 307+00 308+00 309+00 310+00 311+00
KEY MAP
5410
7
5420
5430
5400
5390
5410
5420
5430
5400
5390
1"=100'1"=10'
9
STA 300+00 TO STA 310+80
PLAN AND PROFILE
W 44TH AVENUE
RTD
W 44TH AVE
W
AD
S
W
O
R
T
H
B
L
V
D
RTD
K. Harrison-Hixson 28
GROUND
EXISTING
END WALL 2RT
STA. 16+42
BEGIN WALL 2RT
STA. 16+18
"WAD" HCL
PGL
CONNECTION HCL
CLEAR CREEK TRAIL
END WALL 1RT
STA. 15+09
BEGIN WALL 1RT
STA. 14+50
Structure
No Revisions:
Revised:
Void:
Detailer:
Designer:
Sheet NumberSubset Sheets:
Init.Date:
Sheet Revisions As Constructed Project No./CodePrint Date:
File Name:
G u i n
a
r d
8
:4
9
:3
0
A M
p
w :\
\
P W A P
P
O M A 0
0
1
:N o
r t
h
C e
n
t r
a
l _
O m
a
h
a
\
D o c
u m
e
n t s \
C
o l o
r a
d
o
_
D e
p t
_
o
f _
T
r a
n
s
p
o
r
t a t
i
on
_
R 1 \
W
h
e
a
t _
R i dg
e
_
W a
d
s
w o r
t h_
E
A \
W h ea
t _
R
i dg
e
_
W a d
s
w o
r t
h_
E A \
6
.0
_
C
AD
_
B I M \
6
.2
_
W
o
r
k
_
I n_
P r og
r e ss
\
D e
s
i gn
\
D r a w i n
g
s
\
S h ee
t s
10
0
S
c
a
l e
\
W a
d s w o
r t
h
_
E A _
D E S
_
P
l a n 08_100 T r a il & P ond D e s i gn
Comments
Subset:
Numbers
8/8/2018
Wadsworth_EA_DES_Plan 08_100 Trail & Pond Design
of
21006
425 B Corporate Circle
Phone:
Golden, CO 80401
720-497-6954 FAX:720-497-6951
Colorado Department of Transportation
Region 1 KPB
NHPP 1211-086
Unit Leader: JFUnit Information: Region 1
Phone: 303-832-9091 Fax: 303-832-9096
Denver, Colorado 80202-4922
1600 Broadway, Suite 1100
Horiz. Scale:Vert. Scale:
E. Guinard
7
0
+
0
0
7
1
+0
0
7
2
+
0
0
7
3
+
0
0
7
4
+
0
0
7
5
+
0
0
7
6
+
0
0
7
7
+
0
0
7
8
+
0
0
7
9
+
0
0
1+00
1+00
1+521+52
10+00
11
+00
12+00
13+00
1
4
+
0
0
1
5
+
0
0
16+00
16
+5
5
-5.00%
-5.00%
-1.00%
E
L
.=
5
3
3
0
.9
1
'
EL
.=
5
3
3
0
.
7
6
'
V.C.= 10.00'
SSD= 159'
K = 1.43
EL
.=
5
3
3
0
.
8
4
'
EL
.
=
5
3
3
1
.0
1
'
2.00%E
L
.=
5
3
1
6
.2
1
'
EL
.=
5
3
1
5
.9
1
'
SSD= 98'
K = 2.50
V.C.= 10.00'
E
L
.=
5
3
1
5
.
9
6
'
EL
.=
5
3
1
5
.5
8
'
E
L
.
=5
3
1
5
.6
2
'
E
L
.=
5
3
1
5
.3
3
'
V.C.= 10.00'
SSD= 275'
K = 2.50
E
L
.
=5
3
0
8
.2
4
'
EL
.=
5
3
0
7
.8
9
'
E
L
.=
5
3
0
7
.6
2
'
V.C.= 10.00'
SSD= 343'
K = 3.13
-1.05%
E
L
.=
5
3
0
8
.4
9
'
V.C.= 10.00'
SSD= 100'
K = 2.53
E
L
.
=5
3
0
8
.18
'
E
L
.=
5
3
0
7
.
8
3
'
EL
.
=
5
3
0
3
.4
0
'
E
L
.=
5
3
0
3
.4
8
'
-2.00%
-4.24%
S
T
A
10
+14
.
18
V
P
I
S
T A
10
+
2
2
.
5
5
V
P
I
S
T
A
10
+
17
.
5
5
V
P
C
S
T
A
10
+
2
7
.5
5
V
P
T
S
T
A
13
+
2
3
.
5
2
V
P
I
S
T
A
13
+
5
6
.9
2
V
P
C
S
T
A
13
+
6
6
.9
2
V
P
T
S
T
A
13
+
18
.
5
2
V
P
C
S
T
A
13
+
2
8
.
5
2
V P
T
S
T
A
15
+
0
3
.7
0
V
P
C
S
T
A
15
+
13
.7
0
V
P
T
S
T
A
16
+
4
9
.8
3
V
P
I
S
T
A
16
+5
3
.8
3
V
P
I
S
T
A
15
+
0
8
.7
0
V
P
I
S
T
A
15
+
4
2
.12
V
P
C
S
T
A
15
+
5
2
.
12
V
P
T
S
T
A
15
+
4
7
.12
V
P
I
S
T
A
13
+
6
1
.9
2
V
P
I
21 22
2
5
2
6
23 2420
W
4
4
T
H
AV
E
W
3
8
T H
AV
E
27
100'0'50'200'
RDWY
KEY MAP
5350
5300
5400
5250
5200
17+0016+0015+0014+0013+0012+0011+0010+00
5350
5300
5400
5250
5200
9
STA 10+00 TO STA 16+55
PLAN AND PROFILE
CLEAR CREEK TRAIL CONNECTION
W 4
8
T
H
A
V
E
9
1"=100'1"=10'
BASIN
DETENTION
PROPOSED
WADSWORTH BLVD
K. Harrison-Hixson 29