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Home My WebLink AboutCity Council Agenda Packet 02-11-19 AGENDA CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING February 11, 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 Council Minutes of January 14, 2019 PROCLAMATIONS AND CEREMONIES Appointment of City Treasurer Random Acts of Kindness Week Love Letters from Wheat Ridge – 50th Anniversary Celebration 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: February 11, 2019 Page -2- 1. CONSENT AGENDA a. Motion to award Janitorial Services to American Facility Services Group, Lakewood, CO, and approve payments not to exceed $99,586.22 b. Motion to approve payments to Charles Abbott Associates, Inc. for ongoing building permit, plan review and inspection services in the amount of $802,400 as approved in the City’s 2019 Budget and authorizing all subsequent payments c. Resolution 10-2019 – amending the Fiscal Year 2019 Budget to reflect the approval of a Supplemental Budget Appropriation for the Re-Appropriation and Re-Encumbrance of 2018 Fiscal Year Encumbered Funds in the amount of $9,789,009.05 d. Resolution 12-2019 – granting an Easement to Metro Wastewater Reclamation District for the purpose of providing a sewer line metering station in City owned Open Space PUBLIC HEARINGS AND ORDINANCES ON SECOND READING 2. Council Bill 34-2018: Ordinance 1664 – 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 (continued from January 14, 2019 for Council Action) 3. Resolution 11-2019 – approving an Eighty-Nine Lot Subdivision Replat for Property Zoned Mixed Use-Neighborhood (NU-N) and Planned Residential Development (PRD) at the Northwest Corner of Yarrow Street and 42nd Avenue (Case No. WS-18-07/Yarrow Gardens Filing No. 3) 4. Council Bill 01-2019 – amending the Wheat Ridge Code of Laws to regulate the creation of Flag Lots (Case NO. ZOA-18-05) 5. Council Bill 33-2018: Ordinance 1663 – 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) (continued from January 14, 2019 for Council Action) CITY MANAGER’S MATTERS CITY ATTORNEY’S MATTERS ELECTED OFFICIALS’ MATTERS ADJOURNMENT ITEM NO: DATE: February 11, 2019 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO APPOINT CITY TREASURER, TERM ENDING NOVEMBER 25, 2019 PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO _______________________________ City Manager ISSUE: City Treasurer Jerry DiTullio was elected to the office of Jefferson County Treasurer on November 6, 2018. Mr. DiTullio resigned as City Treasurer effective midnight, January 7, 2019, creating a vacancy in the City Treasurer seat. Section 3.11 of the Wheat Ridge City Charter requires that “if a vacancy occurs in the office of the city clerk or city treasurer, no special election shall be called but such vacancy shall be filled by appointment by the council for the remainder of the term.” PRIOR ACTION: On December 3, 2018, City Council discussed the process for filling the vacancy created by the resignation of Jerry DiTullio. On December 21, 2018, the application period for City Treasurer was opened, and it was closed on January 25, 2019. Two candidates presented verbal resumes to City Council on February 4, 2019. FINANCIAL IMPACT: None Council Action Form – Appointment of City Treasurer February 11, 2019 Page 2 BACKGROUND: The Wheat Ridge City Charter addresses vacancies of elected officials as stated below: Sec. 3.11. Vacancies in elective offices. (a) An elected official shall continue to hold his office until his successor is duly qualified. An elective office shall become vacant whenever any officer is recalled, dies, becomes incapacitated, resigns, refuses to serve, ceases to be a resident of the city, or is convicted of a felony. (b) … (c) If a vacancy occurs in the office of the city clerk or city treasurer, no special election shall be called but such vacancy shall be filled by appointment by the council for the remainder of the term. Sec. 4.4. Qualifications. (a) No person shall be eligible to hold the office of a councilmember unless, at the time of his election, he is a registered elector, as defined by Colorado Revised Statutes, and is a resident of the district from which he is elected for a period of at least twelve (12) consecutive months immediately preceding the date of the election. Note: City Treasurer shall have the same qualifications as members of the council. RECOMMENDATIONS: None RECOMMENDED MOTION: “I move to appoint ______________________ as City Treasurer, term to expire November 25, 2019.” REPORT PREPARED/REVIEWED BY: Patrick Goff, City Manager ATTACHMENTS: 1. Christopher Miller – Application and Resume 2. Korey Stites – Application and Resume ATTACHMENT 2 ITEM NO: DATE: February 11, 2019 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO AWARD JANITORIAL SERVICES TO AMERICAN FACILITY SERVICES GROUP, LAKEWOOD, CO, AND APPROVE PAYMENTS NOT TO EXCEED $99,586.22 PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO _______________________________ ______________________________ Parks and Recreation Director City Manager ISSUE: Janitorial services are needed in order to provide for the ongoing maintenance and sanitary conditions of eight (8) City facilities. This contract award for janitorial services is for one year beginning 5/1/19, with the option to administratively renew up to four additional one-year terms, subject to the approved annual budget and satisfactory vendor performance. Based on bid requirements and cost analysis, staff recommends awarding the contract to American Facility Services Group of Lakewood, CO. PRIOR ACTION: Council approved the previous contract award on September 26, 2016. The current contract expires April 30, 2019. FINANCIAL IMPACT: Funding for these services is budgeted within various department budgets. Invoices are approved monthly. BACKGROUND: On Thursday, Dec. 20, 2018, seven (7) bids were received for the janitorial services bid. Two bids were disqualified for failing to provide all of the required documents. The scope of work is for janitorial services at eight city-owned facilities, divided into two groups for bid response Council Action Form – Janitorial Services February 11, 2019 Page 2 purposes and possibly award basis. Facilities in Group 1 include the scope of work for daily, including Saturday and Sunday, cleaning of the Recreation Center locker rooms, seasonal cleaning of the Anderson pool bath house, and cleaning of the Richard-Hart Estate on a per event basis. Group 2 includes five daily cleaning schedules for the Municipal Building, Active Adult Center, Parks, Forestry and Open Space offices, Parks Shops and Public Works Shops. Proposals were evaluated and interviews were conducted. Based on the cost evaluation, American Facility Services Group was the low bid for both groups. The cost for Group 1 is $43,539.60 and the cost for Group 2 is $56,046.62 totaling $99,586.22 for all facilities. RECOMMENDATIONS: Staff recommends approval of award for both Group 1 and Group 2 to American Facility Services Group. RECOMMENDED MOTION: “I move to award Janitorial Services to American Facility Services Group, Lakewood, CO, and approve payments not to exceed $99,586.22.” Or, I move to deny the award of Janitorial Services to American Facility Services Group, Lakewood, CO, and approve payments not to exceed $99,586.22 for the following reason(s) .” REPORT PREPARED/REVIEWED BY: Stephen Clyde, Recreation Supervisor Susan Anderson, Recreation and Facilities Manager Joyce Manwaring, Parks and Recreation Director Jennifer Nellis, Purchasing and Contracting Agent Patrick Goff, City Manager ATTACHMENTS: 1. Bid Tab Sheet for all bids 2. American Facility Services Group Fee Schedule ATTACHMENT 1 Page 1 of 2 Subject to review for completeness and accuracy. VENDOR AFL Maintenance Group dba - American Facilities Services Group Carnation Building Services, Inc. S&B Confluence-CO LLC dba JaniKing of Colorado KG Clean, Inc. Pristine Mountain Cleaning LLC LOCATION Lakewood, CO Denver, CO Centennial, CO Broomfield, CO Evergreen, CO BIDDER INFORMATION FORM Y Y Y Y Y ACKNOWLEDGEMENT OF ADDENDA (3)Y Y Y Y Y ILLEGAL ALIEN COMPLIANCE Y Y Y Y Y NON-DISCRIMINATION FORM Y N - DQ Y Y Y NON-COLLUSION AFFADAVIT Y Y Y Y Y VENDOR QUALIFICATION FORM Y Y Y Y Y REFERENCES, AT LEAST 3 Y Y Y Y Only 1 - DQ INSURANCE STATEMENT Y Y Y N ATTACHMENT B FEE SCHEDULE Y Y Y GROUP 1 SITE VISIT Y Y Y GROUP 2 SITE VISIT Y Y Y GROUP 1 TOTAL COST 43,539.60 63,212.00 No Bid GROUP 2 TOTAL COST 56,046.62 153,304.00 205,787.25 Non-Responsive Non-Responsive DUE DATE/TIME: THURSDAY, DECEMBER 20, 2018 BY 2:00 PM LOCAL TIME JANITORIAL SERVICES PROJECT: RFB-18-28 REQUESTED BY: FACILITIES MANAGEMENT OPENED BY: KIRBY HOLLUMS, BUYER II WITNESSED BY: JENNIFER NELLIS, PURCHASING AGENT ATTACHMENT 1 Page 2 of 2 Subject to review for completeness and accuracy. VENDOR RBR Cleaning Solutions LLC - dba ServiceMaster Professional Solution Source - dba Service Solutions LOCATION Denver, CO Denver, CO BIDDER INFORMATION FORM Y Y ACKNOWLEDGEMENT OF ADDENDA (3)Y Y ILLEGAL ALIEN COMPLIANCE Y Y NON-DISCRIMINATION FORM Y Y NON-COLLUSION AFFADAVIT Y Y VENDOR QUALIFICATION FORM Y Y REFERENCES, AT LEAST 3 Y Y INSURANCE STATEMENT Y Y ATTACHMENT B FEE SCHEDULE Y Y GROUP 1 SITE VISIT Y Y GROUP 2 SITE VISIT Y Y GROUP 1 TOTAL COST 10,500.00 **51,901.84 GROUP 2 TOTAL COST 131,699.00 139,689.87 ** Math Error - should be $47,152.00 REQUESTED BY: FACILITIES MANAGEMENT OPENED BY: KIRBY HOLLUMS, BUYER II WITNESSED BY: JENNIFER NELLIS, PURCHASING AGENT PROJECT: RFB-18-28 JANITORIAL SERVICES DUE DATE/TIME: THURSDAY, DECEMBER 20, 2018 BY 2:00 PM LOCAL TIME ATTACHMENT 2 ITEM NO: DATE: February 11, 2019 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO APPROVE PAYMENTS TO CHARLES ABBOTT ASSOCIATES, INC. FOR ONGOING BUILDING PERMIT, PLAN REVIEW AND INSPECTION SERVICES IN THE AMOUNT OF $802,400 AS APPROVED IN THE CITY’S 2019 BUDGET AND AUTHORIZING ALL SUBSEQUENT PAYMENTS PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO _______________________________ ______________________________ Director of Community Development City Manager ISSUE: In February 2018, the City entered into a contract with Charles Abbott Associates, Inc. (CAA) to provide full service building division services. Said services include contractor licensing, building permit issuance, plan review, inspections and business license processing. The contract also provides chief building official services, which oversees the staff, resolves code disputes and in 2019 will be initiating an ordinance for Council to consider adopting the 2018 International Building Codes. In approving the 2019 budget, Council authorized $802,400 in estimated expenses for the provision of those services. PRIOR ACTION: As noted above, the City Council approved the full service building division service contract with CAA on February 12, 2018. The contract is for an initial term of three years, with options for two, two-year extensions, as mutually agreed by the parties. Approving the full service building division contract with CAA represented a new business model for the City. Prior to that, only a portion of the building division workload was accomplished through contract services. CAA was originally awarded the contract for part-time building division services in March 2017 after a competitive bidding process. Council Action Form – Contract Building Division Services February 11, 2019 Page 2 FINANCIAL IMPACT: The fee structure in the contract is such that CAA receives the majority of the building permit fees paid to the City, exclusive of use tax. Those fees include building permit fees, plan review fees and contractor licensing fees. The contract provides that CAA receives a maximum of 68% of said fees, meaning that the City still receives a minimum of 32% of the fees, which covers staff administrative costs for other Community Development staff who are involved in a smaller way in processing building permits and conducting inspections. The contract is also structured in a manner whereby when building permit revenues exceed certain thresholds in any given month, the percentage portion of what is shared back with CAA is reduced slightly (from 68% to 60% when revenues exceed $60,001/month and from 60% to 55% when monthly revenues exceed $100,000). This is in recognition of some efficiencies they are able to achieve as work volume increases. During 2018, in a typical month, our effective rate was 61% based on the volume of revenues and this tiered payment structure. CAA also plays a role in reviewing and approving all business licenses, which are processed through the City’s Administrative Services Department. CAA assigns all business license applications to an inspector for review and then schedules a field inspection. When corrective work is required to comply with applicable building codes, a re-inspection also occurs before final license approval. CAA charges a flat fee of $95 per application for those services. CAA also provides 24-hour coverage for after-hours emergency inspections that are needed for situations where the integrity of a building is affected by instances such as fires or vehicles crashes that cause structural damage. No additional fee is assessed for those responses. BACKGROUND: As noted, the City has always had a need to maintain a contract based professional services firm to provide a portion of the City’s customer service functions of the building division within the Community Development Department. The building division provides four (4) core functions: contractor licensing, building permitting and associated plan review, building inspections and hotel/motel inspections. The building division also provides support to other departments/divisions in regards to business licensing and code enforcement. Historically, the amount of work outsourced to our contract firm has ebbed and flowed based on our work volume and level of internal staffing. When internal staff positions have been vacant or specialty technical skill sets have been absent in our internal staffing, we have relied more heavily on our contract inspection firm to provide building division services. As City Council may be aware, it has been challenging to keep our building division fully staffed over the last several years. The pool of qualified candidates for building inspector positions is limited and the profession has not generally been adequately replacing itself with the number of new professionals entering the field. Similarly, the pool of qualified Chief Building Official candidates is extremely limited and as a result, it has been challenging to recruit and retain individuals in that position. These were some of the reasons staff recommended to Council in Council Action Form – Contract Building Division Services February 11, 2019 Page 3 late 2017 to change our business model and as noted, City Council approved the contract with CAA in early 2018. Staff believes the outsourced building division staffing model has improved customer service, for the following reasons: • CAA has a strong customer service ethos and provides regular training for their employees in that regard • CAA has a depth of well-trained staff resources who are able to deliver high quality professional services from the first day they are assigned to the City; no training is required as would otherwise be the case when the City hires new team members. • CAA has an ability to rapidly adjust the amount of staffing as work volumes ebb and flow, ensuring the City always has adequate inspectors and permit techs to meet changing demands. RECOMMENDATIONS: The initial contract term with CAA is 3 years, ending March 2021. City Council approved $802,400 for these contract services within the 2019 budget. Staff recommends approval of the motion to authorize monthly payments for 2019. RECOMMENDED MOTION: “I move to approve payments to Charles Abbott Associates, Inc. for ongoing building permit, plan review and inspection services in the amount of $802,400 as approved in the City’s 2019 budget and authorizing all subsequent payments.” Or, “I move to deny a motion to approve payments to Charles Abbott Associates, Inc. for ongoing building permit, plan review and inspection services in the amount of $802,400 as approved in the City’s 2019 budget and authorizing all subsequent payments.” REPORT PREPARED/REVIEWED BY: Kenneth Johnstone, Director of Community Development Patrick Goff, City Manager ITEM NO: DATE: February 11, 2019 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 10-2019 – A RESOLUTION AMENDING THE FISCAL YEAR 2019 BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION FOR THE RE-APPROPRIATION AND RE-ENCUMBRANCE OF 2018 FISCAL YEAR ENCUMBERED FUNDS IN THE AMOUNT OF $9,789,009.05 PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO _______________________________ ______________________________ Administrative Services Director City Manager ISSUE: There are 63 open purchase orders from the 2018 budget that need to be carried over to the 2019 budget. Each purchase order is associated with a specific project that was not fully completed in the 2018 fiscal year. The funds which were encumbered for these purchase orders were transferred to the unreserved fund balance of the relevant fund when the purchase orders were closed. To continue or close out these projects in 2019, a supplemental budget appropriation in the amount of $9,789,009.05 is necessary to allow transfer of these funds into specific budget line items in the 2019 Budget. PRIOR ACTION: None FINANCIAL IMPACT: A supplemental budget appropriation is requested in the amount of $9,789,009.05. When the purchase orders were closed on December 31, 2018, the funds encumbered for those purchase orders are transferred to the unreserved fund balance in each of the funds listed below. Therefore, there are adequate funds in the various unreserved fund balances to meet this request and there will Council Action Form – Budget Carryovers February 11, 2019 Page 2 not be a net negative effect to the unreserved fund balances. A detailed list of open purchase orders for 2018 is attached. The funds will be distributed as follows: General Fund $ 731,237.16 Police Investigations Fund $ 24,800.00 Capital Investment Program Fund (CIP) $ 3,951,785.94 2E Bond Fund $ 3,515,752.27 Open Space Fund $ 1,508,148.68 Equipment Replacement Fund $ 57,285.00 Total: $ 9,789,009.05 BACKGROUND: Per the direction of City Council in 2005, the City utilizes generally accepted accounting principles (GAAP) which requires all encumbrances expire at year-end. RECOMMENDATIONS: Staff recommends approval of the supplemental budget appropriations. RECOMMENDED MOTION: “I move to approve Resolution No. 10-2019 – A resolution amending the Fiscal Year 2019 Budget to reflect the approval of a supplemental budget appropriation for the re-appropriation and re- encumbrance of the 2018 fiscal year encumbered funds in the amount of $9,789,009.05.” Or, “I move to postpone indefinitely Resolution No. 10-2019, a resolution amending the Fiscal Year 2019 Budget to reflect the approval of a supplemental budget appropriation for the re-appropriation and re-encumbrance of the 2018 fiscal year encumbered funds in the amount of $9,789,009.05 for the following reason(s) _______________________________.” REPORT PREPARED AND REVIEWED BY: Jennifer Nellis, Purchasing and Contracting Agent Allison Scheck, Administrative Services Director Patrick Goff, City Manager ATTACHMENTS: 1. Resolution No. 10-2019 2. Open Purchase Order Report for 2018 CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 10 Series of 2019 TITLE: A RESOLUTION AMENDING THE FISCAL YEAR 2019 BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION FOR THE RE- APPROPRIATION AND RE-ENCUMBRANCE OF 2018 FISCAL YEAR ENCUMBERED FUNDS IN THE AMOUNT OF $9,789,009.05 WHEREAS, the City’s independent auditor has recommended that the City utilize generally accepted accounting principles (GAAP) for its budgeting basis which requires all encumbrances to expire at year end; and WHEREAS, 63 purchase orders remained open on December 31, 2018; and WHEREAS, to continue these projects in 2019 a supplemental budget appropriation is necessary to transfer the funds from unreserved fund balances to specific 2019 budget line items: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows: The City of Wheat Ridge fiscal year 2019 Budget be amended accordingly, specifically transferring a total of $9,789,009.05 from the following unreserved fund balances to specific 2019 Budget line items as detailed in the attached spreadsheets: General Fund $ 731,237.16 Police Investigations Fund $ 24,800.00 Capital Investment Program Fund (CIP) $ 3,951,785.94 2E Bond Fund $ 3,515,752.27 Open Space Fund $ 1,508,148.68 Equipment Replacement Fund $ 57,285.00 Total: $ 9,789,009.05 DONE AND RESOLVED this 11th day of February 2019. Bud Starker, Mayor ATTEST: Janelle Shaver, City Clerk ATTACHMENT 1 Open Purchase Order Report for End of Year - 2018 Fund / Vendor Description Original $Open Amount Reason for carry-over approval 01 - General Fund Various Vendors Community Outreach Funds 1,800.00$ 1,550.00$ For community engagement expenses per Mayor Starker's approval. Revenue Recovery Group Audit Services for Private DevelopmentProjects - Construction 26,400.00$ 615.00$ This is a continuing engagement that s expected to generate sales/use tax revenue in 2019. Various Vendors G-line Grand Opening Party 20,000.00$ 14,208.50$ The opening of the G-line has been postponed to 2019. Various Vendors HRIS software and support 50,000.00$ 50,000.00$ Postponed to 2019 due to staffing changes. Data Transfer Solutions Implementing VueWorks for Parks & Facilities 13,000.00$ 13,000.00$ Work is expected to be complete by April 30, 2019. The Ballard Group Plumbing Design & Const. Services 7,054.00$ 674.20$ The hot water circulation project at City Hall is underway in 2019, and construction oversight services are anticipated from The Ballard Group. RMH Group Electrical Engineering Services 4,240.00$ 2,260.00$ Additional design work is needed for City Hall electrical improvements. Westco Systems, Inc.Hot water circulation system 52,489.68$ 52,489.68$ The replacement of this system is just getting started at City Hall. The project was awarded in December, 2018. Various Vendors Contingency for the hot water system 24,000.00$ 10,000.00$ Contingency - Additional drywall and repairs are anticipated. CZB LLC Neighborhood Revitalization Study 213,310.00$ 153,767.00$ Scheduled for completion in May, 2019. David Evans and AssociatesI-70 / Kipling Visioning Services 25,000.00$ 594.33$ Professional A/E services continue for this entry to the City. The Architerra Group Inc.The Green at 38th Master Plan 40,550.00$ 17,728.50$ Conceptual design and construction plan work for The Green at 38th is underway. Various Vendors 50th Anniversary Challenge Coins 3,000.00$ 3,000.00$ Challenge coins will be created and implemented in 2019. Contract Furnishings, Inc.12 SitOnIt chairs for the Chief'sconference room 4,473.18$ 4,473.18$ These chairs were ordered in late December. Delivery is expected in mid-February. Various Vendors Unit 1 repairs / restoration work 8,461.39$ 8,461.39$ Work is ongoing to prepare Unit 1 for display at 50th anniversary events. Flatirons, Inc.Land surveying for ROW at 10580 W. 34th Ave.4,870.00$ 4,870.00$ Project on hold at this time. Various Vendors Road salt and deicer 175,000.00$ 17,391.11$ The City is expecting invoices for two deliveries made in December 2018. PO will be closed when payment is made.. Gordon Sign - Denver 38th & Sheridan clock repairs 3,237.47$ 3,237.47$ Repairs to the two-sided clock are underway. Various Vendors Public Works prep for 50th anniversary 38,000.00$ 32,000.00$ Encumbering 2018 funds for work to be completed in 2019. Various Vendors Auxiliary equipment for BMW police motorcycle 9,500.00$ 6,000.00$ Remaining upfit work has been authorized. Art Management & PlanningPublic art consultant for Clear Creek Trail 4,745.00$ 4,485.00$ Contract awarded in December, with work continuing in 2019. KC Painting LLC Paint exterior of PFOS building 3,298.00$ 3,298.00$ Exterior painting will be done following repairs to the roof, expect work to be completed in the Spring of 2019. ICON Shelter Systems Inc.Message board for Lewis Meadows park 5,250.00$ 5,250.00$ Shelters are in place, but roofing materials received were incorrect and have been reordered. Jordan's Building Center Bridge decking for Lewis Meadows park 4,216.00$ 4,216.00$ Ordered in 2018, with delivery scheduled for Spring 2019. Gerald H Phipps Inc.Anderson Park roofing 171,330.00$ 171,330.00$ Hail storm damage at the Anderson Park building / complex will be repaired as part of the renovation project. Independent Roofing Specialists Active Adult Center roof repairs 115,153.75$ 115,153.75$ Hail storm repairs for the Active Adult Center were bid in 2018. Work is scheduled to begin in February, 2019. Fund / Vendor Description Original $Open Amount Reason for carry-over approval ATTACHMENT 2 Open Purchase Order Report for End of Year - 2018 Various Vendors Contingency for AAC roof repairs 11,515.00$ 11,515.00$ As needed for project completion in 2019. Safe Slide Restoration Gelcoat restoration of outdoor water slide at Anderson Park 17,500.00$ 17,500.00$ Work will be completed in Spring of 2019. OfficeScapes 7 chairs for the Active Adult Center 2,169.05$ 2,169.05$ Ordered, but not received in 2018. 01 - General Fund Total 731,237.16$ Various Vendors Police Department Equipment 24,800.00$ 24,800.00$ Awaiting confirmation of potential grant reimbursement prior to purchase. 24,800.00$ 30 - Capital Project Fund Bayou Ditch Association Legal & Professional Services 25,000.00$ 14,247.35$ Ongoing legal and design fees for the 50th & Miller St. irrigation crossing. Various Vendors Miscellaneous Drainage Projects 184,160.51$ 184,160.51$ Projects will be bid out in 2019. Various Vendors 29th Avenue street improvements 1,559,145.00$ 1,559,145.00$ The realignment project was bid and rebid in 2018, with the award approved by Council on 1/28/2019. This PO will be closed and the carryover balance will be applied to the specific vendor and project PO. WSP USA, Inc.Clear Creek Crossing development 183,509.09$ 4,440.48$ Project is close to completion. AECOM Technical Services Project Management for CCC - non 2E scope - Task A 10,000.00$ 3,661.65$ Work continues on the project. Additional tasks/scope for CCC - Task B 15,000.00$ 11,555.00$ Phase 2 development continues, not 2E funded. Various Vendors Youngfield sidewalk connection 164,893.07$ 164,893.07$ Bids were received on 1/ 8/19 and are being evaluated. Various Vendors Bike/pedestrian path improvements 24,630.00$ 24,630.00$ Funds are intended for improvements to Garrison St, which will be bid in early 2019 as a bid alternate to the Overlay Various Vendors Landscaping at the RTD station area 13,559.12$ 11,809.12$ As this area develops landscaping services will be needed. Alfred Benesch & Co.ADA transition plan consulting 46,176.63$ 5,127.30$ Consultant remains engaged as the ADA plan is rolled out across the City. HDR Engineering Wadsworth Widening Phase II 1,715,944.10$ 1,712,336.67$ This recently awarded work will continue in 2019. AECOM Technical Services Professional services for the Wadsworth Widening project - Task C 53,050.40$ 0.01$ Work continues on the project. (80% CIP 20% 2E) PO number will be the same throughout the project. EST, Inc. Structural engineering services for (3) bridge analysis, design and constructed repairs 85,750.00$ 42,785.04$ 44th Ave. bridge plans and construction will continue in 2019. Martin Marietta Materials 2018 Overlay project 1,443,150.02$ 69,777.46$ The open amount reflects the balance of project and contingency funds to be paid to the vendor based on the retainage amount due. Notice of Final Settlement is currently being advertised, with settlement due in mid-February. Various Vendors Court remodel 63,000.00$ 63,000.00$ Work to be completed as part of security improvements at City Hall in 2019. Barker Rinker Seacat Architects Construction documents / design 55,187.00$ 35,372.80$ Security improvements at City Hall. Flatirons, Inc.Land surveying for ROW for Sections 20, 29 and 30 24,960.00$ 12,015.00$ Work is currently delayed at the request of the City. Fund / Vendor Description Original $Open Amount Reason for carry-over approval 17 - Police Investigations Fund 17 - Police Investigations Fund Total Open Purchase Order Report for End of Year - 2018 OZ Architecture of Denver A / E plans for PD Evidence building addition 11,723.00$ 404.98$ Fire suppression system needs have now been approved and construction bids will be solicited in 2019. Architect to provide bidding support. Various Vendors Funds intended for PD Evidence building construction 38,277.00$ 32,424.50$ Contingency funds allocated to construction. 3,951,785.94$ 31 - Ballot Issue 2E Fund AECOM Technical Services Task A Program Management Investing 4 The Future Projects specific to Clear Creek Crossing 74,806.00$ 13,281.12$ PM fees as apply to Phase I work at the site, continuing into 2019. Task B Professional Engineering services specific to Clear Creek Crossing 498,007.00$ 40,000.00$ 2018 construction delays are expected to ramp up in 2019. Task A Program Management Investing 4 The Future Projects specific to Ward TOD station area projects 40,337.00$ 5,069.75$ PM fees apply as specific tasks are performed for the site, continuing into 2019. Task E Professional Engineering services specific to the Ward TOD station area projects 249,883.02$ 40,000.00$ Tasks assigned late in 2018 are underway with completion expected in the first quarter of 2019. Task A and Task C Program Management Investing 4 The Future Projects specific to Wadsworth widening 23,462.60$ 0.02$ PM fees and work performed for this project, continuing into 2019 using the same PO number. Citiventure Associates Ward Station area economicdevelopment support services 20,000.00$ 15,681.25$ Research and land use options are being explored as ongoing efforts. Short Elliott Hendricks 3 tasks to design and provide construction documents for streets surrounding the Ward station area 643,635.45$ 384,117.68$ SEH work continues on plans for 52nd Avenue, Tabor Street and Ridge Road improvements. HDR Engineering Professional Engineering Services 114,967.88$ 41,590.20$ 20 % 2E portion of Wadsworth Widening Phase I nearing completionPhase II professional engineering services and development of construction documents for the Wadsworth widening project 428,986.02$ 428,986.02$ Awarded in October 2018, this work continues. Art Management & Planning Anderson Park Public Art Consultant services 4,485.00$ 3,185.00$ Art to be installed following the park renovation work. Barker Rinker Seacat Architects Construction administration services for the Anderson Park renovation project 165,717.00$ 115,964.23$ Site work is underway, and is expected to be completed by early summer 2019. Gerald H Phipps Inc. Anderson Park Renovation project including park and building construction improvements 3,736,160.00$ 2,427,877.00$ Construction is underway at the site, and is expected to be complete by early summer 2019. 3,515,752.27$ 32 - Open Space Fund Ground Engineering Material testing and inspections for Anderson Park 24,818.00$ 18,848.50$ Services may be needed as work continues in 2019. Various Vendors Anderson Park construction contingency 300,000.00$ 275,363.83$ As needed for use in 2019. Interface Communication Labor to remove and later install Cat cables at the Anderson Park building 7,954.85$ 7,954.85$ Installation work to be completed in 2019. 30 - Capital Project Fund Total 31 - Ballot Issue 2E Fund Total Open Purchase Order Report for End of Year - 2018 Fund / Vendor Description Original $Open Amount Reason for carry-over approval Gerald H Phipps Inc. Anderson Park Renovation project including park and building construction improvements 1,162,489.00$ 1,162,489.00$ Portion of project allocated to Open Space funding. Construction is underway at the site, and is expected to be complete by early summer 2019. Icon Shelter Systems Inc.Kiosks for Lewis Meadows andJohnson Park Trail locations 11,900.00$ 11,900.00$ Kiosks were ordered in 2018, but were not received or installed until 2019. Design Concepts Inc.Prospect Park renovation design and construction documents for 2 phases 175,695.00$ 31,592.50$ Phase I is complete, Phase II work is incomplete and project has been delayed. 32 - Open Space Fund Total 1,508,148.68$ Logistic Systems, Inc.RMS Data conversion services 13,570.00$ 6,785.00$ Converting old Niche data to new RMS system for PD and total conversion work is ongoing. Project stalled in 2018 due to key staff at RMSC leaving the organization. Various Vendors RMS Data conversion 50,500.00$ Funds are intended to supplement data conversion services. 57,285.00$ 9,789,009.05$ 57 - Equipment Replacement Fund 57 - Equipment Replacement Fund Total 2018 Open Purchase Orders Total ITEM NO: DATE: February 11, 2019 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 12-2019 – A RESOLUTION GRANTING AN EASEMENT TO METRO WASTEWATER RECLAMATION DISTRICT FOR THE PURPOSE OF PROVIDING A SEWER LINE METERING STATION IN CITY OWNED OPEN SPACE PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO _______________________________ ______________________________ Parks and Recreation Director City Manager ISSUE: Metro Wastewater Reclamation District is requesting an easement in the Wheat Ridge Greenbelt for the purpose of installing a metering station. This easement is located north of 44th Avenue and east of Field Street. PRIOR ACTION: No prior action has been taken related to this easement. FINANCIAL IMPACT: There is no financial impact to the City. BACKGROUND: The City has several easements located in parks and open space. This specific easement is on City owned property and does not have a reverter clause encumbrance and therefore does not require Jefferson County Open Space approval. The City is not required to grant this easement and the District is not paying the City for this request. Nevertheless, the City and the District have and will continue to cooperate on public infrastructure projects, and this cooperative relationship is important to the City. The City Attorney has reviewed this easement agreement and has requested several changes, which are reflected in the attached form. Council Action Form – Metro Wastewater Easement February 11, 2019 Page 2 RECOMMENDED MOTION: “I move to approve Resolution No. 12-2019, a resolution granting an easement to Metro Wastewater Reclamation District for the purpose of providing a sewer line metering station in city owned open space.” Or, “I move to postpone indefinitely Resolution No. 12-2019, a resolution granting an easement to Metro Wastewater Reclamation District for the purpose of providing a sewer line metering station in city owned open space, for the following reasons(s): .” REPORT PREPARED/REVIEWED BY: Dave Brossman, Development Review Engineer Joyce Manwaring, Parks and Recreation Director Gerald Dahl, City Attorney ATTACHMENTS: 1. Resolution No. 12-2019 2. Non-Exclusive Easement Agreement CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 12 Series of 2019 TITLE: A RESOLUTION GRANTING AN EASEMENT TO METRO WASTEWATER RECLAMATION DISTRICT FOR THE PURPOSE OF PROVIDING A SEWER LINE METERING STATION IN CITY OWNED OPEN SPACE WHEREAS, the Metro Wastewater Reclamation District provides services to Wheat Ridge residents; and WHEREAS, the District requires a metering station within a certain distance of wastewater lines; and WHEREAS, the required location is within the boundaries of the City’s ownership of the Wheat Ridge Greenbelt/Open Space; and WHEREAS, the District has requested, and the City Council is willing to approve, an easement across the City’s property for that purpose. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows: Section 1. The City Council hereby approves the conveyance of an easement across greenbelt lands owned by the City, to Metro Wastewater Reclamation District substantially in the form attached as Exhibit A, subject to approval as to final form by the City Attorney, for the purpose of installing a sewer line metering station, and authorizes and directs the Mayor and City Clerk to execute the same. Section 2. This Resolution shall be effective upon approval. DONE AND RESOLVED this 11th day of February, 2019. _________________________________ Bud Starker, Mayor ATTEST: _________________________________ Janelle Shaver, City Clerk ATTACHMENT 1 Exhibit A Form of Non Exclusive Easement Agreement [Attached] -1- NON-EXCLUSIVE EASEMENT AGREEMENT THIS AGREEMENT, made effective as of _________________, 2019, between the CITY OF WHEAT RIDGE, COLORADO a home rule municipal corporation, (the "Grantor"), and METRO WASTEWATER RECLAMATION DISTRICT, a public body politic and corporate and a quasi-municipal corporation and political subdivision of the State of Colorado (the "District"), whose legal address is 6450 York Street, Denver, Colorado 80229. WITNESSETH: FOR GOOD AND VALUABLE CONSIDERATION, the receipt and sufficiency of which are acknowledged, Grantor hereby grants to the District, its successors and assigns, the permanent right to enter, reenter, occupy and use the property situate in the County of Jefferson, State of Colorado, and more fully described on Exhibit A attached hereto and incorporated herein by reference (the "Property"), to construct, lay, install, inspect, monitor, maintain, repair, renew, substitute, change the size of, replace, remove, operate and use a single underground sanitary sewer pipeline, and an associated metering station,, as described on Exhibit A, of such size and capacity as necessary or required by the District and other reasonably necessary or desirable facilities or equipment, in, through, over and across the Property. The land parcels owned by Grantor that are affected by this grant of easement are located in the City of Wheat Ridge, County of Jefferson, State of Colorado, and are more particularly described in the two (2) deeds contained in Exhibit B also attached hereto and incorporated herein by reference. THE PARTIES MUTUALLY COVENANT AND AGREE as follows: 1. The District shall have and may exercise the right of ingress and egress in, to, over, above, through and across the Property for any purpose needful for the full enjoyment of any right of occupancy or use provided for herein. Grantor further grants to the District the right of ingress to and egress from the Property over and across adjacent lands of Grantor by means of roads and lanes thereon if such there be; otherwise only by such route or routes as Grantor shall approve in writing following the District’s request for the same 2. Grantor shall neither cause nor permit the construction or placement of any structure or building, street light, power pole, yard light, mailbox, well, reservoir, or any other improvement, or the planting of any tree of any kind, on any part of the Property without prior written approval from the District, which approval shall not be unreasonably withheld, conditioned or delayed. Fences existing as of the date hereof which do not impair access for vehicles, personnel and equipment through the length of the Property which are disturbed or destroyed by the District in the exercise of its rights hereunder shall be replaced by the District to their original condition as nearly as may reasonably be done. Grantor shall not, however, construct or install new fencing that would impair access for vehicles, personnel and equipment through the length of the Property without the written approval of the District. Grantor will, at Grantor’s expense, move any vehicles, equipment or other personal property stored on the Property as reasonably directed by the District. Any prohibited use or installation located on the ATTACHMENT 2 -2- Property as of, or after the date of this Agreement, including new utility installations not conforming to Paragraph 7 hereof, may be removed by the District without liability to the District for damages arising therefrom. 3. The Grantor shall provide to the District all information within its possession about past and currently existing environmental contamination on the Property. Such information shall include but not be limited to environmental studies, reports, samples, agreements, liens, citations, notices, letters as well as information related to remediation work that has been done, is ongoing, or is planned to occur for the Property. Grantor does not warrant the environmental condition of the Property, and District assumes all risk of the presence of any hazardous materials or environmental contamination on the Property. 4. After any construction or other operations by the District which disturb the surface of the Property, the District will restore the general surface of the ground as nearly as may reasonably be done to the grade and condition it was in immediately prior to construction, except as necessarily modified to accommodate District facilities and use permitted hereby. Topsoil shall be replaced and all disturbed areas reseeded with plants approved in advance by Grantor, and any excess earth resulting from installations by the District shall be removed from the Property at the sole expense of the District. For a period of one year following disturbance of the surface of the Property by the District, the District will maintain the surface elevation and quality of the soil by correcting any settling or subsidence that may occur as a result of the work done by the District. 5. The District shall have the right of subjacent and lateral support to whatever extent is necessary or desirable for the full, complete and unmolested enjoyment of the rights herein granted. Grantor shall neither take nor permit any action which would impair the lateral or subjacent support for the facilities permitted by this Agreement. Grantor shall not materially modify the earth cover over District facilities without advance written authorization from the District, which shall provide for full payment or reimbursement to the District of all costs of adjusting District facilities made necessary by such modification. 6. Grantor retains the right to the undisturbed use and occupancy of the Property insofar as such use and occupancy are subject to the restrictions of paragraph 2 and are consistent with and do not impair the grant herein contained. 7. Grantor may authorize other public utilities such as water, storm sewer, gas, electric, and telephone, to be installed in the Property, provided that they do not interfere with the District's rights herein granted, that public utilities crossing the Property cross at approximately right angles, and that no utilities be permitted to parallel the District's facilities within ten feet thereof. Except for surface facilities consistent with Grantor’s use of the Property as an open space and greenbelt park (by way of example and not limitation: soft and hard surface trails, signage and park markers), utilities as herein authorized, and roadways, all other surface and subsurface uses of the Property must be approved in writing by the District before installation. Unauthorized or non-conforming utility installations may be removed by the District without liability for damages arising therefrom. 8. If the District by written instrument abandons or releases its rights herein granted -3- and ceases to use the same, all right, title and interest of the District hereunder shall cease and terminate, and the Grantor shall hold the Property, as the same may then be, free from the rights so abandoned or released and shall own all material and structures of the District so abandoned or released, but nothing herein shall be construed as working a forfeiture or abandonment of any interest derived hereunder and not owned by the District at the time of the abandonment or release of the District's rights. In the absence of such express written abandonment as provided for herein, abandonment or cessation of the use of its facilities located on or under the Property by the District shall not constitute an abandonment of its rights under this Agreement. 9. Grantor warrants that it has full right and lawful authority to make the grant herein contained. 10. The benefits and burdens of this Agreement shall inure to and be binding upon the respective legal representatives, heirs, executors, administrators, successors and assigns of the parties hereto. Jurisdiction and venue for any action concerning this Agreement is proper and exclusive in the District Court for Jefferson County, Colorado. 11. Should any one or more provisions of this Agreement be judicially determined invalid or unenforceable, such judgment shall not affect, impair or invalidate the remaining provisions of this Agreement, the intent being that the various sections and provisions hereof are severable. 12. The District, for its officers and employees, and within the limitations of the Colorado Constitution and statutes, hereby indemnifies and covenants to hold harmless the Grantor and its officers and employees from and against all claims and causes of action, including damages of any kind, attorney fees and court costs, arising in any way from the District’s use and occupation of the easement hereby granted. Neither party hereto waives any of the immunities, limitations of liability and defenses of the Colorado Governmental Immunity Act, CRS §24-10-101 et seq, or the common law. 13. The above and foregoing constitutes the whole agreement between the parties and no additional or different oral representation, promise or agreement shall be binding on any of the parties hereto with respect to the subject matter of this instrument. IN WITNESS WHEREOF the parties have executed this instrument as of the day and year first above written. -4- GRANTOR: CITY OF WHEAT RIDGE, COLORADO, a home rule municipal corporation By: ______________________________________ Bud Starker, Mayor ATTEST: _____________________________ Janelle Shave, City Clerk Approved as to Form: ______________________________ Gerald Dahl, City Attorney METRO WASTEWATER RECLAMATION DISTRICT By:_____________________________________ William J. Conway, District Manager Approved as to Form: By:_____________________________________ ___________________, District General Counsel STATE OF COLORADO ) ) ss. COUNTY OF _________________ ) The foregoing instrument was acknowledged before me this ____ day of ___________, 2019, by William J. Conway as District Manager of Metro Wastewater Reclamation District. _______________________________________ Notary Public ( S E A L ) My commission expires:______________________________ -5- Exhibit A (2 Pages) -6- Exhibit B (2 Pages) 1) Quit Claim Deed recorded August 30, 1972 in Book 2416 at Page 375, Reception No. 514340. 2) Warranty Deed recorded November 20, 1972 in Book 2447 at Page 796, Reception No. 532582. ITEM NO: DATE: February 11, 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 (02/11/2019) RESOLUTIONS (continued from 12/10/2018, 01/14/2019) 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 February 11, 2019 Page 2 The City Attorney has concluded that Charter 16.5 requires eight (8) votes in favor of the ordinance in order to approve this sale. On February 11, due to Councilmember Fitzgerald’s resignation, there will only be 7 sitting Council members. Staff suggests Council postpone the second reading vote until April 8, 2019 when 8 Councilmembers are expected to be present. 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 Council Action Form - Park Land Sale February 11, 2019 Page 3 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. 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 Council Action Form - Park Land Sale February 11, 2019 Page 4 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 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: Terms and conditions of sale: 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. Council Action Form - Park Land Sale February 11, 2019 Page 5 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. 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 postpone second reading consideration of Council Bill No. 34-2018, an ordinance approving the sale of designated park land at the intersection of West 38th Avenue and Johnson Street to the Council’s regular meeting on April 8, 2019.” 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 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 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., continued for Council Action on February 11, 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; January 17, 2019 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 JO H N S O N S T 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 y. \'' w. t n cr a v, le y. c o m ,i(317)7O5-aaOO . 1 t317)7O5-AAO1 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: February 11, 2019 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 11-2019 – A RESOLUTION APPROVING AN EIGHTY-NINE LOT SUBDIVISION REPLAT FOR PROPERTY ZONED MIXED USE-NEIGHBORHOOD (MU-N) AND PLANNED RESIDENTIAL DEVELOPMENT (PRD) AT THE NORTHWEST CORNER OF YARROW STREET AND 42ND AVENUE (CASE NO. WS-18-07/YARROW GARDENS FILING NO. 3) PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO ______________________________ _____________________________________ Community Development Director City Manager ISSUE: The applicant is requesting approval of an eighty-nine lot subdivision replat for property zoned PRD and MU-N and located at the northwest corner of Yarrow Street and 42nd Avenue. The subdivision replat does not alter the previously approved number of townhomes, nor the internal private street network, it simply allows for a slightly different mix of building types, which range from 3-plexes to 6-plexes. The purpose of the subdivision is to prepare the property for development of an eighty-nine-unit townhome project. PRIOR ACTION: Planning Commission reviewed this request at a public hearing held on January 17, 2019 and gave a recommendation of approval for the following reasons: 1. All agencies can provide services to the property with improvements installed at the developer’s expense. 2. The requirements of Article IV of the zoning and development code have been met. Council Action Form – Yarrow Gardens townhome replat February 11, 2019 Page 2 With the following condition: 1. The revisions requested by the Public Works Department related to labels, notes, and typos shall be addressed prior to the City Council public hearing. Attached are the staff report and draft minutes from the January 17, 2019, Planning Commission public hearing. The above condition has been met. FINANCIAL IMPACT: Fees in the amount of $2,305 were collected for the review and processing of Case No. WS-18-07. Parkland dedication is required for all new residential subdivisions, and in this case, a fee in lieu of land dedication will be collected in the amount of $222,258. BACKGROUND: This application constitutes a re-subdivision of the Yarrow Gardens project, which is comprised of an existing single-family home and 89 new townhomes. Planning Commission and City Council previously reviewed and approved subdivision plats for the subject project in June 2018. However, after the prior applicant sold the property to a homebuilder, it became apparent that several of the previously platted lot lines would need to be adjusted. Based on the number of lots affected, the application is being processed as a major subdivision. The property is located at the northwest corner of Yarrow Street and W. 42nd Avenue at approximately 4255 Yarrow. It is surrounded by a variety of land uses and zoning districts. To the south and west are properties zoned Residential-Two (R-2) including a residential neighborhood and Happiness Gardens—the City-owned community garden—as well as the Wilmore-Davis Elementary School whose playfields immediately abut the subject property. To the east is an apartment development zoned Residential-Three (R-3); and to the north are properties zoned Commercial-One (C-1) including a recently constructed assisted living facility, a dental complex, vision office, and carwash. Historically, the site contained large greenhouses. They were demolished in late 2017, and the soil on the property was remediated to clean up pesticide and fuel contamination. At the southwest corner of the subject property is an existing single family home that will remain. The property has been the subject of several land use cases over the last two years in preparation for a townhome development. • In April 2017, three-quarters of the site was rezoned to Mixed Use-Neighborhood (MU-N). • Subsequent to the MU-N zone change, the adjacent property at 7944 W. 42nd Avenue was purchased for the project and a rezoning to Planned Residential Development (PRD) was approved for this parcel in June 2018. • Also in June 2018, a site plan, specific development plan, and two subdivision plats were approved for development of 89 new townhomes. The current applicant is Thrive Homebuilders who purchased the property in July 2018. Subsequent to their purchase, it became apparent that several of the site details would need Council Action Form – Yarrow Gardens townhome replat February 11, 2019 Page 3 to be modified to accommodate their townhome product, particularly in the southern half of the project. The southern portion of the project is approved to include an arrangement of triplexes, five-plexes, and six-plexes. The applicant is proposing to eliminate the triplexes from this portion of the project and redistribute the units among four-, five-, and six-plex structures. RECOMMENDED MOTION: “I move to approve Resolution No. 11-2019, a resolution approving an eighty-nine lot subdivision plat for property zoned Mixed Use Neighborhood (MU-N) and Planned Residential Development (PRD) at the northwest corner of 42nd Avenue and Yarrow Street (Case No. WS-18-07/Yarrow Gardens Townhomes), for the following reasons: 1. City Council has conducted a proper public hearing meeting all public notice requirements as required by Section 26-109 and 26-407 of the Code of Laws. 2. The requested subdivision has been reviewed by the Planning Commission, which has forwarded its recommendation for approval. 3. All requirements of the zoning code and subdivision regulations have been met. 4. Utility districts can serve the property with improvements installed at the developer’s expense. With the following condition: 1. The developer shall pay parks fees at the time of plat recording in the amount of $222,258.” Or, “I move to postpone indefinitely Resolution No. 11-2019, a resolution approving an eighty-nine lot subdivision plat for property zoned Mixed Use Neighborhood (MU-N) and Planned Residential Development (PRD) at the northwest corner of 42nd Avenue and Yarrow Street (Case No. WS-18-07/Yarrow Gardens Townhomes), for the following reasons: 1. 2. 3. 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: Kenneth Johnstone, Community Development Director Patrick Goff, City Manager Council Action Form – Yarrow Gardens townhome replat February 11, 2019 Page 4 ATTACHMENTS: 1. Resolution No. 11-2019 2. Planning Commission staff report 3. Planning Commission minutes CITY OF WHEAT RIDGE, COLORADO Resolution No. 11 Series 2019 TITLE: RESOLUTION NO. 11-2019 – A RESOLUTION APPROVING AN EIGHTY-NINE LOT SUBDIVISION REPLAT FOR PROPERTY ZONED MIXED USE-NEIGHBORHOOD (MU-N) AND PLANNED RESIDENTIAL DEVELOPMENT (PRD) AT THE NORTHWEST CORNER OF YARROW STREET AND 42ND AVENUE (CASE NO. WS-18-07/YARROW GARDENS FILING NO. 3) WHEREAS, Chapter 26, Article I of the Wheat Ridge Code of Laws establishes the procedures for the City’s review and approval of Subdivision Plats; and, WHEREAS, an application for an eighty-nine lot subdivision plat was received from Thrive Homebuilders to subdivide property located at the northwest corner of 42nd Avenue and Yarrow Street in a MU-N and PRD zone district; and, WHEREAS, all referral agencies have reviewed the request and have no objections to said subdivision of land; and, WHEREAS, all requirements of the Zoning Code and Subdivision Regulations have been met; and, WHEREAS, all required publishing, posting and notification requirements for the February 11, 2019 City Council public hearing have been met. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows: A RESOLUTION APPROVING AN EIGHTY-NINE LOT SUBDIVISION REPLAT FOR PROPERTY ZONED MIXED USE-NEIGHBORHOOD (MU-N) AND PLANNED RESIDENTIAL DEVELOPMENT (PRD) AT THE NORTHWEST CORNER OF 42ND AVENUE AND YARROW STREET (CASE NO. WS-18-07/YARROW GARDENS FILING NO. 3) IS HEREBY APPROVED FOR THE FOLLOWING REASONS: 1. City Council has conducted a proper public hearing meeting all public notice requirements as required by Section 26-109 and 26-407 of the Code of Laws. 2. The requested subdivision has been reviewed by the Planning Commission, which has forwarded its recommendation for approval. 3. All requirements of the zoning code and subdivision regulations have been met. 4. Utility districts can serve the property with improvements installed at the developer’s expense. ATTACHMENT 1 With the following condition: 1. The developer shall pay parks fees at the time of plat recording in the amount of $222,258.” DONE AND RESOLVED this 11th day of February, 2019. _____________________________ Bud Starker, Mayor ATTEST: _________________________ Janelle Shaver, City Clerk Planning Commission 1 Case No. WS-18-07 / Yarrow Gardens Replat CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: Planning Commission MEETING DATE: January 17, 2019 CASE MANAGER: Ken Johnstone CASE NO. & NAME: WS-18-07 / Yarrow Gardens Replat ACTION REQUESTED: Request for approval of a 89-lot subdivision replatting the Yarrow Gardens townhome project LOCATION OF REQUEST: NW corner of Yarrow Street and W. 42nd Avenue (approximately 4255 Yarrow) APPLICANT (S): TH Yarrow Gardens, LLC OWNER (S): TH Yarrow Gardens, LLC APPROXIMATE AREA: 230,107 square feet (5.2825 acres) PRESENT ZONING: Mixed Use-Neighborhood (MU-N) and Planned Residential Development (PRD) PRESENT LAND USE: One (1) existing single-family home and 89 townhomes pending construction ENTER INTO RECORD: (X) CASE FILE & PACKET MATERIALS (X) SUBDIVISION REGULATIONS (X) ZONING ORDINANCE (X) DIGITAL PRESENTATION Location Map ATTACHMENT 2 Planning Commission 2 Case No. WS-18-07 / Yarrow Gardens Replat JURISDICTION: All notification and posting requirements have been met; therefore, there is jurisdiction to hear this case. I. REQUEST The applicant is requesting approval of an 89-lot subdivision zoned Mixed Use-Neighborhood (MU-N) and Planned Residential Development (PRD) and located at the northwest corner of Yarrow Street and W. 42nd Avenue (approximately 4255 Yarrow). This application constitutes a re-subdivision of the Yarrow Gardens project, which is comprised of an existing single-family home and 89 new townhomes. Planning Commission and City Council previously reviewed and approved subdivision plats for the subject project in June 2018. However, after the prior applicant sold the property to a homebuilder, it became apparent that several of the previously platted lot lines would need to be adjusted. Based on the number of lots affected, the application is being processed as a major subdivision. This requires Planning Commission to make a recommendation to City Council who is the final authority for approval. II. EXISTING CONDITIONS / PROPERTY HISTORY The property is located at the northwest corner of Yarrow Street and W. 42nd Avenue at approximately 4255 Yarrow (Exhibit 1, Aerial). It is surrounded by a variety of land uses and zoning districts (Exhibit 2, Zoning). To the south and west are properties zoned Residential-Two (R-2) including a residential neighborhood and Happiness Gardens—the City-owned community garden—as well as the Wilmore-Davis Elementary School whose playfields immediately abut the subject property. To the east is an apartment development zoned Residential-Three (R-3); and to the north are properties zoned Commercial-One (C-1) including a recently constructed assisted living facility, a dental complex, vision office, and carwash. Historically, the site contained large greenhouses. They were demolished in late 2017, and the soil on the property was remediated to clean up pesticide and fuel contamination. At the southwest corner of the subject property is an existing single family home that will remain. The property has been the subject of several land use cases over the last two years in preparation for a townhome development. • In April 2017, three-quarters of the site was rezoned to Mixed Use-Neighborhood (MU-N). • Subsequent to the MU-N zone change, the adjacent property at 7944 W. 42nd Avenue was purchased for the project and a rezoning to Planned Residential Development (PRD) was approved for this parcel in June 2018. • Also in June 2018, a site plan, specific development plan, and two subdivision plats were approved for development of 89 new townhomes. The current applicant is associated with Thrive Homebuilders who purchased the property in July 2018. Subsequent to their purchase, it became apparent that several of the site details would need to be modified to accommodate their townhome product, particularly in the southern half of the project. The southern portion of the project is approved to include an arrangement of triplexes, five-plexes, and six- Planning Commission 3 Case No. WS-18-07 / Yarrow Gardens Replat plexes. The applicant is proposing to eliminate the triplexes from this portion of the project and redistribute the units among four-, five-, and six-plex structures. A visual comparison of the approved and proposed unit configuration is shown in Exhibit 3, Unit Configuration. III. PROPOSED SUBDIVISION PLAT Plat Document The current application is called Yarrow Gardens Filing No. 3 and includes the entirety of the property except the single family home lot at the southwest corner. While only the southern half of the project is affected by the reconfiguration of units, staff requested that the replat show the entire townhome portion for improved clarity. The proposed plat document consists of two sheets. The first sheet includes a legal description of the property; signature blocks for the owner, City, surveyor and County; and standard declarations and notes. The second sheet includes the proposed lot layout, including lot lines, tracts, and easements (Exhibit 4, Proposed Plat - Yarrow Gardens Filing No. 3). Note 1 on the cover sheet clarifies the relationship of Filing No. 3 relative to the previous two plats for the subject property. Notably, the right-of-way was already dedicated, all lot lines are being replatted by Filing No. 3, and previously vacated easements are not being vacated again. Lot Configuration There is no change to the total number of units in the project, which includes 89 new townhomes and the existing single family home at the southwest corner. The lots and tracts within Blocks 5 and 6 have been redrawn to accommodate the proposed reconfiguration of units. Public Improvements & Drainage There is no change to the design of the perimeter or internal public improvements or to the drainage system. As noted above, perimeter right-of-way was previously dedicated, and a subdivision improvement agreement was previously executed which obligates the developer to construct all perimeter and interior improvements. This include curb, gutter, and sidewalk along Yarrow and W. 42nd Avenue and a series of sidewalks, drives, alleys and storm sewer lines within the site. This application does not modify the design of the drainage system, in which stormwater will be detained at the north boundary of the site within Tract A. Easements The only easements that are modified by the proposed subdivision are those which are modified by their underlying tracts: • Tracts I and J within Block 6 have been relocated as compared with the previous plat, and both are encumbered by utility, drainage, emergency access, and private access easements. Because the location of the tracts shifted, the location of the overarching easements also shifted. • Due to the reconfiguration, the width of Tract G in Block 6 is six inches narrower than previously platted. Likewise, the access and drainage easements that encumber Tract G are slightly narrower, but still acceptable in size. • The north-south portion of Tract H in Block 5 is also six inches narrower than previously platted. This tract includes utility, emergency access, and private access easements, which are also slightly narrower, but still acceptable in size. Planning Commission 4 Case No. WS-18-07 / Yarrow Gardens Replat No other easements for the project have changed as part of this application. IV. AGENCY REFERRALS As part of the preceding land use case applications, the project had been referred to all affected service agencies and the applicant is actively working with all agencies. Because the lot line adjustments do not represent a fundamental change in the nature of the development or agencies’ ability to serve the project, the updated plat was sent on a limited referral. Referral responses include the following: Wheat Ridge Public Works: The plat has been reviewed and requested a few minor revisions related to labels, notes, and typos. West Metro Fire Protection District: No objections to proposed subdivision modifications. Noted requirements for continued coordination during plan review and development. Xcel Energy: No objections to proposed subdivision modifications. Noted requirements for continued coordination during utility design and easement vacation processes. Century Link: No objections to proposed subdivision modifications. Wheat Ridge Sanitation District: No objections to proposed subdivision modifications. Noted requirements for continued coordination during utility design and development. No comments were received from Comcast Cable or the Wheat Ridge Water District. Referral recipients are advised that no comment received indicates having no objections or concerns regarding the proposal. V. STAFF CONCLUSIONS AND RECOMMENDATIONS Staff concludes that the proposed subdivision plat results in a logical lot layout for the proposed future development. Staff further concludes that the subdivision plat complies with the standards in Article IV of the zoning and development code (subdivision regulations) and that all utility agencies can serve the property with improvements installed at the developer’s expense. For these reasons, staff recommends approval of the subdivision plat with the conditions listed below. VI. SUGGESTED MOTIONS Option A: “I move to recommend APPROVAL of Case No. WS-18-07, a request for approval of an 89-lot subdivision on property zoned Mixed Use-Neighborhood (MU-N) and Planned Residential Development (PRD) and located at the northwest corner of Yarrow Street and W. 42nd Avenue (approximately 4255 Yarrow), for the following reasons: 1. All agencies can provide services to the property with improvements installed at the developer’s expense. 2. The requirements of Article IV of the zoning and development code have been met. With the following condition: Planning Commission 5 Case No. WS-18-07 / Yarrow Gardens Replat 1. The revisions requested by the Public Works Department related to labels, notes, and typos shall be addressed prior to the City Council public hearing. Option B: “I move to recommend DENIAL of Case No. WS-18-07, a request for approval of an 89-lot subdivision on property zoned Mixed Use-Neighborhood (MU-N) and Planned Residential Development (PRD) and located at the northwest corner of Yarrow Street and W. 42nd Avenue (approximately 4255 Yarrow), for the following reasons: 1. 2. …” Planning Commission 6 Case No. WS-18-07 / Yarrow Gardens Replat The subject site is outlined in blue. This aerial image is from 2016, and the greenhouses have since been removed from the site. EXHIBIT 1: AERIAL Planning Commission 7 Case No. WS-18-07 / Yarrow Gardens Replat The subject site is outlined in blue. This aerial image is from 2016, and the greenhouses have since been removed from the site. EXHIBIT 2: ZONING MAP R-2 PRD MU-N C-1 MU-C MU-C R-3 Planning Commission 8 Case No. WS-18-07 / Yarrow Gardens Replat The blue shading highlights the original and proposed unit configuration. The approved plan includes triplexes, five-plexes, and six-plexes. The applicant is proposing to eliminate the triplexes from this portion of the project and redistribute the units among four-, five-, and six-plex structures. EXHIBIT 3: UNIT CONFIGURATION ORIGINAL PROPOSED Planning Commission 9 Case No. WS-18-07 / Yarrow Gardens Replat [see attached] EXHIBIT 4: PROPOSED PLAT Planning Commission Minutes - 2 –January 17, 2019 No one wished to speak at this time. 7.PUBLIC HEARING A.Case No. WS-18-01 & WZ-18-13: An application filed by Wonderland Homes for approval of a 56-lot subdivision and for approval of a Specific Development Plan for property zoned Planned Residential Development (PRD) and located at5372-5392 Quail Street. Mr. Johnstone explained that for The City of Wheat Ridge to move forward with public hearings on these two cases a portion of Quail Street’s right of way (ROW) on the City of Arvada’s side will need to be in place. The ROW acceptance wasscheduled for a City Council meeting on January 7, however it did not occur. Mr.Johnstone explained there are some title issues which need to be resolved so staffrecommends postponing the public hearing indefinitely. It was moved by Commissioner DORSEY and seconded by CommissionerWEAVER to indefinitely postpone the public hearings for Case NO’s. WS-18-01 and WZ-18-03, Quail Run Subdivision Plat and Specific Development Plan,with full new public notice being provided for future Planning Commissionpublic hearing. Motion approved 7-0. B.Case No. WS-18-07: An application filed by TH Yarrow Gardens, LLC forapproval of a 89-lot subdivision for property zoned Mixed Use-Neighborhood (MU-N) and Planned Residential Development (PRD) located at 4255 YarrowStreet and 7955 West 42nd Avenue. Ms. Mikulak gave a short presentation regarding the subdivision 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 mentioned he still has concerns regarding the traffic in the area on Yarrow Street which is one lane and if one car wants to turn left on 44th Avenue all traffic backs up. He asked if there could be a designated right turn laneonly and no straight or left turn option. Mr. Jefferies said there has been a traffic study and there is a plan to add a signal light at 41st and Wadsworth Blvd. when the Wadsworth project is finished. Thiswill be another way to exit the neighborhood, not just Yarrow Street. He alsomentioned there is a potential for adding a light at 44th Avenue and Yarrow, but atthis time it is not being looked at due to the widening of Wadsworth. ATTACHMENT 3 Planning Commission Minutes - 3 –January 17, 2019 Roger Loecher Wheat Ridge Resident Mr. Loecher noted he does not have a problem with the townhomes going in at Yarrow Gardens, just the traffic it is going to create. He noted that the property owners (he being one of them) will not allow 41st to be extended out to Wadsworth and if there is a light put at 44th and Yarrow, he feels it will take away from the business parking lot. He feels putting a light at Ammons is a much better idea. Authur Brenner Evergreen Resident, Wheat Ridge Property Owner He asked if the townhomes will be for rent or sale. Commissioner BUCKNAM said it is not pertinent to this case. Commissioner VOS asked if the subdivision development can be reversed until the roads and the flow of traffic get figured out. Ms. Mikulak explained that this case is regarding the lot line adjustment and the traffic study was not re opened and there is no way to unwind the zoning or the plat that is in place. She said that staff shares the concern for traffic but the street is not going to be expanded before the development. It was moved by Commissioner DORSEY and seconded by Commissioner WEAVER to recommend APPROVAL of Case No. WS-18-07, a request for approval of an 89-lot subdivision on property zoned Mixed Use-Neighborhood (MU-N) and Planned Residential Development (PRD) and located at the northwest corner of Yarrow Street and W. 42nd Avenue (approximately 4255 Yarrow), for the following reasons. 1.All agencies can provide services to the property with improvementsinstalled at the developer’s expense.2.The requirements of Article IV of the zoning and development codehave been met. With the following condition: 1.The revisions requested by the Public Works Department related tolabels, notes, and typos shall be addressed prior to the City Councilpublic hearing. Motion carried 7-0. ITEM NO: DATE: February 11, 2019 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 01-2019 – AN ORDINANCE AMENDING THE WHEAT RIDGE CODE OF LAWS TO REGULATE THE CREATION OF FLAG LOTS (CASE NO. ZOA-18-05) PUBLIC HEARING ORDINANCES FOR 1ST READING (01/28/19) BIDS/MOTIONS ORDINANCES FOR 2ND READING (02/11/19) RESOLUTIONS QUASI-JUDICIAL: YES NO _______________________________ ______________________________ Community Development Director City Manager ISSUE: Article IV of Chapter 26 regulates the procedures for and the manner in which land can be subdivided. Those regulations allow flag lots, but they are not encouraged. Procedurally, subdivisions of three or fewer lots are permitted to be approved administratively, without a public hearing. These two topics have been points of discussion at several recent City Council meetings in late 2018. Based on Council direction, the proposed ordinance, if approved, would not allow a subdivision containing a flag lot to be approved administratively, requiring, at a minimum, a Planning Commission public hearing. PRIOR ACTION: City Council discussed the City’s subdivision regulations at several recent meetings in the latter part of 2018. Those discussions were precipitated in large part based on comments from members of the public regarding the October 2018 approval of an administrative subdivision in the Bel-Aire subdivision, which created a flag lot. Those discussions related principally to 1) the appropriateness of flag lots and 2) the extent to which subdivisions should be reviewed and approved administratively. The result of those discussions and actions are two-fold: 1) City Council adopted a temporary 90-day moratorium on the acceptance, processing and approval of any administrative subdivision in the Bel-Aire Subdivision, for the purpose of evaluating code sections relative to administrative Council Action Form – Flag Lots February 11, 2019 Page 2 subdivision approvals; and 2) Council provided direction at their December 3, 2018 study session to draft an ordinance that would require a minor subdivision be processed (Planning Commission public hearing) for any subdivision that includes a flag lot. FINANCIAL IMPACT: The proposed ordinance is not expected to have a direct financial impact on the City. BACKGROUND: Article IV of Chapter 26 (Subdivisions) was most recently amended in 2014, with an ordinance that repealed and replaced the entire Article. During that process, the code was amended to allow subdivisions of up to three lots, to be approved administratively, provided no new public streets are being dedicated. Four and five-lot subdivisions require a Planning Commission public hearing and subdivisions of more than five lots require both a Planning Commission and City Council public hearing. Prior to 2014, administrative approval of subdivisions could be granted only for consolidation of two lots and for lot line adjustments. Section 26-411 (subdivision design) discusses flag lots. Section 26-411.C.7 states the following: Flag lots are not encouraged but are permitted when they are the most appropriate development option, as determined by the community development director. Use of a flag lot design shall meet the following criteria: • The minimum width of the pole portion abutting a public street is twenty-five (25) feet. • Use of a flag lot design is necessary for effective development of the land. • The proposed design does not adversely affect public safety and includes clearly defined access for private use and for emergency service. Based on City Council preliminary direction at the December 3, 2018 study session, staff has drafted an ordinance that would amend the code to require that any subdivision that includes a flag lot, which would otherwise be eligible for administrative consideration, be processed as a minor subdivision, requiring a Planning Commission public hearing. The only other minor substantive change proposed in the ordinance relates to the language noted above in 26-411.C.7. Staff has proposed striking the following phrase: “Flag lots are not encouraged, but are permitted when they are the most appropriate development option as determined by the community development director. Use of a flag lots design shall meet all of the following criteria.” Staff felt this language implied some discretion for the community development director subjectively to deny a subdivision containing a flag lot, when in practice, subdivisions containing a flag lot have generally been approved so long as they comply with the three criteria. RECOMMENDATIONS: Staff recommends approval of the ordinance. Council Action Form – Flag Lots February 11, 2019 Page 3 RECOMMENDED MOTION: “I move to approve Council Bill No. 01-2019, an ordinance amending the Wheat Ridge Code of Laws to regulate flag lots, on second reading, and that it take effect 15 days after final publication.” Or, “I move to postpone indefinitely Council Bill No. 01-2019, an ordinance amending the Wheat Ridge Code of Laws to regulate flag lots, for the following reason(s) ____________________________________________________________________.” REPORT PREPARED BY: Kenneth Johnstone, Community Development Director Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No. 01-2019 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER URBAN COUNCIL BILL NO. 01 ORDINANCE NO. _________ Series 2019 TITLE: AN ORDINANCE AMENDING THE WHEAT RIDGE CODE OF LAWS TO REGULATE THE CREATION OF FLAG LOTS WHEREAS, the City of Wheat Ridge is a home rule municipality having all powers conferred by Article XX of the Colorado Constitution; and WHEREAS, pursuant to its home rule authority and C.R.S. § 31-23-101, the City, acting through its City Council (the “Council”), is authorized to adopt ordinances for the protection of the public health, safety or welfare; and WHEREAS, in the exercise of this authority the City Council has previously enacted Article IV of Chapter 26 of the Wheat Ridge Code of Laws, entitled “Subdivision Regulations”; and WHEREAS, the City Council finds that it is appropriate to require review of the creation of flag lots as minor subdivisions subject to Planning Commission review at a public hearing. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Section 26-404 of the Wheat Ridge Code of Laws is amended by the revision of the definition of Subdivision, administrative, and the addition of a new definition of flag lot, to read: Sec. 26-404. - Definitions. Lot, flag. A lot which is situated such that the front lot line does not abut a public street. Primary access is by a private or privately shared drive leading to a street. The front lot line of a flag lot is that property line most parallel to the street from which access is gained. Subdivision, administrative: Any subdivision, consolidation, or lot line adjustment that involves three (3) or fewer lots or parcels, conforms to all subdivision and zoning regulations, and does not include the dedication of a public street or creation of a flag lot. See section 26-405. ATTACHMENT 1 Section 2. Section 26-405, Subsections A and B of the Wheat Ridge Code of Laws is amended to require review of the creation of flag lots by the Planning Commission at a public hearing, as follows: Sec. 26-405. - Types of plats. These regulations recognize a variety of platting circumstances and provide specific requirements and procedures for each. These types of plats are set forth below. A. Administrative plat. 1. Any subdivision, consolidation, or lot line adjustment meeting all of the following criteria: a. Involves three (3) or fewer lots or parcels; b. Conforms to all subdivision and zoning regulations, includes no waiver or variance; and c. Does not include the dedication of a full-width ("full") public street right-of-way, but may include a partial, less than full dedication of right-of-way adjacent to an existing public street or for other purposes. See section 26-415. 2. Review and approval of this type of subdivision plat is an administrative process that does not require a public hearing; the review procedure is outlined in section 26-406.B. 3. Creation of a new flag lot cannot be processed as an administrative plat. B. Minor plat. 1. Any subdivision, consolidation, or lot line adjustment creating a new flag lot. 2. Any other subdivision, consolidation, or lot line adjustment meeting all of the following criteria: a. Involves four (4) or five (5) lots or parcels; b. Conforms to all subdivision and zoning regulations, includes no waiver or variance; and c. Does not include the dedication of a full-width public street right-of-way, but may include a partial, less than full-width dedication of right-of-way adjacent to an existing public street or for other purposes. See section 26-415. 3. Review and approval of a minor subdivision plat requires one (1) public hearing; the review procedure is outlined in section 26-406.C. Section 3. Section 26-411. C.7 of the Wheat Ridge Code of Laws is amended to require review of the creation of flag lots by the Planning Commission at a public hearing, as follows: Sec. 26-411. - Subdivision design. C. Lots. 7. Flag lots are not encouraged but are permitted when they meet all of the following criteria: a. The minimum width of the pole portion abutting a public street is twenty-five (25) feet. b. Use of a flag lot design is necessary for effective development of land. c. The proposed design does not negatively affect public safety and includes clearly defined access for private use and for emergency service. 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 7 to 0 on this 28th day of January 2019, ordered published with Public Hearing and consideration on final passage set for February 11, 2019 at 7:00 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 11th day of February, 2019. SIGNED by the Mayor on this 11th day of February 2019. __________________________________ Bud Starker, Mayor ATTEST: _________________________ Janelle Shaver, City Clerk Approved as to Form _________________________ Gerald E. Dahl, City Attorney First Publication: January 31, 2019 Second Publication: Wheat Ridge Transcript Effective Date: Published: Wheat Ridge Transcript and www.ci.wheatridge.co.us ITEM NO: DATE: February 11, 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 (02/11/2019) RESOLUTIONS (continued from 01/14/2019) 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. This request was heard at a public hearing at City Council on January 14, 2019. A legal protest was entered into the record. After the presentation and testimony, the public hearing was closed and a motion was approved to continue the case to February 11, 2019. 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. Council Action Form – 4440 Tabor Street Rezoning February 11, 2019 Page 2 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 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. Council Action Form – 4440 Tabor Street Rezoning February 11, 2019 Page 3 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: • 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. Council Action Form – 4440 Tabor Street Rezoning February 11, 2019 Page 4 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. 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 p.m., continue for Council Action on Monday, February 11, 2019 at 7:00 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 11th day of February 2019. SIGNED by the Mayor on this 11th day of February 2019. ______________________________________ Bud Starker, Mayor ATTEST: _______________________________________ Janelle Shaver, City Clerk Approved as to Form _______________________________________ Gerald Dahl, City Attorney 1st publication: November 29, 2018; January 17, 2019 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 2 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 Planning Commission WZ-18-15/Clear Creek Terrace 3 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 Planning Commission WZ-18-15/Clear Creek Terrace 4 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 Planning Commission WZ-18-15/Clear Creek Terrace 5 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. Planning Commission WZ-18-15/Clear Creek Terrace 6 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. Planning Commission WZ-18-15/Clear Creek Terrace 7 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. Planning Commission WZ-18-15/Clear Creek Terrace 8 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 Planning Commission WZ-18-15/Clear Creek Terrace 9 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. Planning Commission WZ-18-15/Clear Creek Terrace 10 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. …” Planning Commission WZ-18-15/Clear Creek Terrace 11 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 Planning Commission WZ-18-15/Clear Creek Terrace 12 • 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 Planning Commission WZ-18-15/Clear Creek Terrace 13 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. Planning Commission WZ-18-15/Clear Creek Terrace 14 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 Planning Commission WZ-18-15/Clear Creek Terrace 15 EXHIBIT 2: AERIAL Planning Commission WZ-18-15/Clear Creek Terrace 16 EXHIBIT 3: ZONING MAP site Site Site Planning Commission WZ-18-15/Clear Creek Terrace 17 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 Planning Commission WZ-18-15/Clear Creek Terrace 18 Looking south on Tabor Looking southeast at the subject property – structures side of image are on the adjacent property Planning Commission WZ-18-15/Clear Creek Terrace 19 [see attached] EXHIBIT 5: ODP Planning Commission WZ-18-15/Clear Creek Terrace 21 EXHIBIT 6: Architectural Elevations Planning Commission WZ-18-15/Clear Creek Terrace 23 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 24 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 25 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. Planning Commission WZ-18-15/Clear Creek Terrace 26 EXHIBIT 8: NEIGHBORHOOD MEETING SIGN-IN Planning Commission WZ-18-15/Clear Creek Terrace 27 EXHIBIT 9: LETTERS SUBMITTED Planning Commission WZ-18-15/Clear Creek Terrace 28 Planning Commission WZ-18-15/Clear Creek Terrace 29 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.