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HomeMy WebLinkAboutCity Council Agenda Packet 04-08-19 AGENDA CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING April 8, 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 PROCLAMATIONS AND CEREMONIES Wheat Ridge Boys Basketball Jeffco League Champions National Crime Victims’ Rights Week 2019 National Telecommunicators Week APPROVAL OF MINUTES Council Minutes of January 28, 2019; Study Session Notes of February 4, 2019 and Special Study Session Notes of January 28, 2019 and February 25, 2019 APPROVAL OF AGENDA 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 for a maximum of 3 minutes and sign the STUDY SESSION AGENDA ROSTER. CITY COUNCIL AGENDA: April 8, 2019 Page -2- 1. CONSENT AGENDA a. Motion to award and approve payment to Centerpoint Energy Services, Inc., Denver, CO, for Natural Gas Services provided to the City’s Municipal Building, Anderson Park Building, and the Recreation Center b. Motion to award a contract and approve subsequent payments to A-1 Chipseal/Rocky Mountain Pavement, Denver, Colorado, for the 2019 Crack Seal Project, in the amount of $134,750, and a Contingency amount of $6,750 for a total not to exceed amount of $141,500 c. Resolution 22-2019 – approving a Memorandum of Understanding between Colorado State Patrol – Beat Auto Theft Through Law Enforcement (BATTLE) and the City of Wheat Ridge d. Resolution 23-2019 – approving the Second Amended and Restated Intergovernmental Agreement establishing the Juvenile Assessment Center e. Motion to approve payment to LL Johnson Distributing Company, Denver, Colorado in the amount of $94,711.36 for purchase of a new 2019 Toro Groundsmaster 5900-D Mower f. Motion to award a contract and approve subsequent payments to J.F. Sato & Associates, Littleton, CO, in an amount not to exceed $134,120 for Engineering Consulting Services for 38th Avenue and Kipling Intersection Improvements g. Resolution 21-2019 – amending the Fiscal Year 2019 General Fund Budget to reflect the approval of a Supplemental Budget Appropriation in the amount of $18,000 to support Porchlight, a Family Justice Center PUBLIC HEARINGS AND ORDINANCES ON SECOND READING 2. Council Bill 33-2018 – approving a Zone Change from Agricultural-One (A-1) to Planned Residential Development (PRD) with an Outline Development Plan (ODP) for property located at 4440 Tabor Street (Case NO. WA-18-15/Clear Creek Terrace)(Continued for Council Action from February 11, 2019) 3. Council Bill 34-2018 – approving the sale of designated park land at the intersection of West 38th Avenue and Johnson Street and, in connection therewith, authorizing execution of an agreement for said sale(Continued for Council Action from February 11, 2019) 4. Council Bill 02-2019 – approving a zone change from Residential-Three (R-3) to Planned Residential Development (PRD) with an Outline Development Plan (ODP) for Property located at 4000-4066 Upham Street (Case No. WZ-18- 17/Ridgetop Village) 5. Resolution 19-2019 – approving a Specific Development Plan (SDP) for property located at 4000-4066 Upham Street (Case NO. WZ-18-18/Ridgetop Village) 6. Resolution 20-2019 – approving a Major Subdivision for property located at 4000-4066 Upham Street (Case No. WS-18-02/Ridgetop Village) CITY COUNCIL AGENDA: April 8, 2019 Page -3- PUBLIC HEARINGS AND ORDINANCES ON SECOND READING cont. 7. Council Bill 03-2019 – amending Sections 2-53 and 11-52.5 of the Wheat Ridge Code of Laws concerning appointees to the Boards and Commissions and the Liquor Licensing Authority 8. Council Bill 04-2019 – amending Sections 11-51, 11-52, 11-53, 11-56, 11-63, 11- 64 and 17-27 of the Wheat Ridge Code of Laws concerning the licensing and use of alcohol beverages and making additional housekeeping revisions to said code updating statutory citations to conform to recent legislative changes ORDINANCES ON FIRST READING 9. Council Bill 05-2019 – amending Section 16-132 and Subsection 16-133(H) of the Wheat Ridge Code of Laws to Exempt Needle-Stick Prevention and Syringe Exchange Program participants from criminal prosecution DECISIONS, RESOLUTIONS AND MOTIONS 10. Appointment of Board & Commission Members 11. Housing Authority Mayoral Appointment CITY MANAGER’S MATTERS CITY ATTORNEY’S MATTERS ELECTED OFFICIALS’ MATTERS ADJOURNMENT ITEM NO: DATE: April 8, 2019 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO AWARD AND APPROVE PAYMENT TO CENTERPOINT ENERGY SERVICES, INC., DENVER, CO, FOR NATURAL GAS SERVICES PROVIDED TO THE CITY’S MUNICIPAL BUILDING, ANDERSON PARK BUILDING, AND THE RECREATION CENTER PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO _______________________________ ______________________________ Parks and Recreation Director City Manager ISSUE: The City purchases natural gas directly from natural gas suppliers for three facilities; the Municipal Building, the Anderson Building, and the Recreation Center. Purchasing directly from these suppliers provides a cost saving to the City as opposed to purchasing natural gas from Xcel Energy. The current agreement with CenterPoint Energy expires on April 31, 2019. PRIOR ACTION: Council approved the previous contract award in 2014. FINANCIAL IMPACT: In 2018, the City expended $80,376 for natural gas. Purchasing natural gas through direct suppliers provides a cost savings to the City. In 2018, the City Pricing is based on the first of the month, Colorado Interstate Gas Rocky Mountain index plus a negotiated upcharge of $0.035/dekatherm. Pricing includes all charges up to the City gate including upstream transport supply charges. There is also flexibility to lock a fixed rate at any time throughout the contract. Council Action Form – Natural Gas Services April 8, 2019 Page 2 BACKGROUND: On February 28, 2019, the City received three (3) submittals in response to a formal solicitation. The selection committee evaluated and ranked the qualifications and proposals. Based on experience, firm capabilities, customer service approach and pricing, CenterPoint Energy Services was the top ranked firm and the apparent low bidder. This award is for a one-year term beginning May 1, 2019, with the option to renew automatically for up to four additional one-year periods should the quality and customer service remain satisfactory. RECOMMENDATIONS: Staff recommends approval of this award to CenterPoint Energy Services, Inc. RECOMMENDED MOTION: “I move to award and approve payment to CenterPoint Energy Services, Inc., Denver, CO, for Natural Gas Services provided to the City’s Municipal Building, Anderson Park Building, and the Recreation Center. Or, “I move to deny award and payment to CenterPoint Energy Services, Inc., Denver, CO, for Natural Gas Services provided to the City’s Municipal Building, Anderson Park Building, and the Recreation Center for the following reasons(s): _________________________________.” REPORT PREPARED/REVIEWED BY: Stephen Clyde, Recreation Supervisor Joyce Manwaring, Parks and Recreation Director Jennifer Nellis, Purchasing & Contracting Agent ATTACHMENTS: 1. Bid Tabulation Sheet ATTACHMENT 1 VENDOR CenterPoint Energy nTherm llc Tiger Natural Gas, Inc LOCATION Denver, CO Denver, CO Boulder, CO PROPOSER ACKNOWLEDGMENT FORM Yes Yes Yes ACKNOWLEDGEMENT OF ADDENDA (0)n/a n/a n/a ILLEGAL ALIEN COMPLIANCE Yes Yes Yes NON-DISCRIMINATION ASSURANCE Yes Yes Yes NON-COLLUSION AFFADAVIT Yes Yes Yes STATE LICENSE Yes Yes No 4 SAMPLE INVOICES Yes Yes Yes REFERENCES Yes Yes No FEE SCHEDULE Yes Yes Yes OTHER ITEMS or OPTIONS Yes Yes Yes REQUESTED BY: STEPHEN CLYDE - PARKS & REC FACILITIES OPENED BY: JENNIFER NELLIS, PURCHASING AGENT WITNESSED BY: KIRBY HOLUMS, BUYER IIDUE DATE/TIME: THURSDAY, Feb 28, 2019 BY TIME 4:00 P.M. LOCAL TIME PROJECT NAME: NATURAL GAS SERVICES PROJECT: RFP-19-03 ITEM NO: DATE: April 8, 2019 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO AWARD A CONTRACT AND APPROVE SUBSEQUENT PAYMENTS TO A-1 CHIPSEAL / ROCKY MOUNTAIN PAVEMENT, DENVER, COLORADO, FOR THE 2019 CRACK SEAL PROJECT, IN THE AMOUNT OF $134,750, AND A CONTINGENCY AMOUNT OF $6,750 FOR A TOTAL NOT TO EXCEED AMOUNT OF $141,500 PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO _______________________________ ______________________________ Public Works Engineering Manager City Manager ISSUE: Each year, the City conducts crack sealing on selected streets as part of the on-going preventive maintenance program. The 2019 Crack Seal Project will provide street maintenance throughout the City by priority. The crack filling treatment will reduce water infiltration under the pavement and extend the pavement life of these streets as part of the on-going maintenance program. This project is the first of the three preventive maintenance projects that the City will implement this year, the other two being the ADA improvements/concrete rehab and asphalt overlay projects. PRIOR ACTION: None FINANCIAL IMPACT: Funding for the 2019 Crack Seal Project has been approved in the Preventive Maintenance Projects line item of the 2019 Capital Improvement Program (CIP) budget. Performing this project will extend the useful life of the streets treated. Costs associated with the base bid will be paid from CIP budget account number 30-303-800-884. Council Action Form – Contract for Crack Seal April 8, 2019 Page 2 BACKGROUND: Formal bids for the 2019 Crack Seal Project, #S-PM-02-19, were opened on March 4, 2019. Four bids were received. Two bids were found to be within the engineering estimate and advertised budget range and two were above. The project is to provide crack sealing to streets throughout the City by priority. The proposals ranged from $134,750 to $208,125. The engineer's estimate was $147,875. The apparent lowest responsible bid was received from A-1 Chipseal / Rocky Mountain Pavement, Denver, Colorado, with a bid amount of $134,750. The company’s references and experience were evaluated by Public Works staff as a basis for recommendation. In this year’s bid document, the City incorporated a renewal option. Specifically, the contract is set up to award the crack seal project for 2019 with the option to renew for two (2) additional one-year periods subject to the contractor providing satisfactory performance during the previous contract period. The City may consider an adjustment to the pricing structure if the Contractor can demonstrate, through documentation issued by material suppliers, that it was subject to a price adjustment (reduction or increase). The City at its discretion can elect to accept or reject the requested price adjustment, or may negotiate a price adjustment with the Contractor, in the best interest of the City. Pricing and specification changes, if any, shall be negotiated and agreed upon by both parties. The City reserves the right to terminate the contract with the Contractor based on performance, lack of funding, or such price adjustments. RECOMMENDATIONS: Based upon the contractor's demonstrated capabilities and experience on previous City projects, staff recommends the bid award to A-1 Chipseal / Rocky Mountain Pavement. RECOMMENDED MOTION: “I move to award a contract and approve subsequent payments to A-1 Chipseal / Rocky Mountain Pavement, Denver, Colorado, for the 2019 Crack Seal Project, in the amount of $134,750, and a contingency amount of $6,750 for a total not to exceed amount of $141,500.” Or, “I move to deny award and payment to A-1 Chipseal/Rocky Mountain Pavement, Denver, Colorado, for the 2019 Crack Seal Project, for the following reason(s) .” REPORT PREPARED/REVIEWED BY: Steve Nguyen, Engineering Manager Jennifer Nellis, Purchasing and Contracting Agent Patrick Goff, City Manager ATTACHMENTS: 1. Bid Tabulation Sheet AT T A C H M E N T 1 ITEM NO: DATE: April 8, 2019 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 22-2019 – A RESOLUTION APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN COLORADO STATE PATROL – BEAT AUTO THEFT THROUGH LAW ENFORCEMENT (BATTLE) AND THE CITY OF WHEAT RIDGE PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO _______________________________ ______________________________ Chief of Police City Manager ISSUE: The Wheat Ridge Police Department has an investigator assigned to the Colorado Auto Theft Prevention Authority (CATPA) Metro Auto Theft Team (CMATT). CMATT utilizes ELSAG automated license plate readers (ALPR) and the ALPR information collected is shared with other law enforcement agencies through the Colorado ELSAG Enterprise Operations Center (EOC). The ELSAG EOC is a robust ALPR server operated by the Colorado State Patrol - BATTLE (Beat Auto Theft Through Law Enforcement). A memorandum of understanding is required in order for the data collected by the Wheat Ridge Police Department detective assigned to CMATT to be shared, maintained, and utilized by BATTLE in the ELSAG EOC. PRIOR ACTION: None FINANCIAL IMPACT: There will be no financial impact to the City of Wheat Ridge. BACKGROUND ALPR systems have various commercial as well as law enforcement applications. The data collected by the systems are subject to various regulations, including laws governing the retention and use of the data collected. Council Action Form – CO State Patrol and CMAT Auto Theft MOU April 8, 2019 Page 2 Criminal justice information sharing is governed in part by 28 CFR Part 23, which addresses the use of criminal intelligence information under the National Criminal Justice Sharing Plan. Criminal justice information that is stored or sent electronically must also be compliant with the Criminal Justice Information Services (CJIS) Security Policy. Because of these and other restrictions on criminal justice information, servers utilized to send or share criminal justice data are more complex than similar servers not subject to these standards, and are more expensive to operate and maintain. In an effort to collect, share, and utilize data collected by ELSAG ALPR instruments, the Colorado State Patrol BATTLE has developed the Colorado ELSAG EOC. This approach allows smaller agencies operating ELSAG ALPR units to share their information with other law enforcement agencies, and helps ensure agency compliance with CJIS and other restrictions on data use or storage. Although CMATT purchased the ELSAG ALPR utilized by the Wheat Ridge Police Department detective assigned to the task force, Wheat Ridge is the owner of the data and is obligated to comply with the various laws and regulations that govern said data. This necessitates an agreement between the City of Wheat Ridge and Colorado State Patrol-BATTLE in order to continue to utilize the ELSAG EOC. In the alternative, the City of Wheat Ridge could develop and maintain its own ELSAG server, but such would be at great expense to replicate an existing system that can already be accessed by Wheat Ridge Police Department. RECOMMENDATIONS: Staff recommends that City Council approve the Memorandum of Understanding. RECOMMENDED MOTION: “I move to approve Resolution No. 22-2019, a resolution approving the memorandum of understanding between Colorado State Patrol – Beat Auto Theft Through Law Enforcement (BATTLE) and the City of Wheat Ridge.” Or, “I move to deny Resolution No. 22-2019, a resolution approving the memorandum of understanding between Colorado State Patrol – Beat Auto Theft Through Law Enforcement (BATTLE) and the City of Wheat Ridge for the following reason(s) _________________.” REPORT PREPARED/REVIEWED BY: Daniel Brennan, Chief of Police Dave Pickett, Division Chief Darrel Guadnola, Investigations Bureau Commander Patrick Goff, City Manager ATTACHMENTS: 1. Resolution No. 22-2019 2. MOU between Colorado State Patrol – BATTLE and the City of Wheat Ridge CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 22 Series of 2019 TITLE: A RESOLUTION APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN COLORADO STATE PATROL – BEAT AUTO THEFT THROUGH LAW ENFORCEMENT (BATTLE) AND THE CITY OF WHEAT RIDGE WHEREAS, the City of Wheat Ridge, Colorado (the “City”), acting through its City Council (“Council”) is a home rule municipality with statutory and constitutional authority to enact ordinances and enter into agreements for protection of the public health, safety and welfare; and WHEREAS, Part 2 of Article 1 of Title 29, C.R.S., authorizes the City to enter into agreements with other governmental entities to cooperate in the provision of any function, service, or facility each is authorized to provide; and WHEREAS, the Colorado State Patrol (CSP) has formed the ELSAG Enterprise Operations Center (EOC) to facilitate the sharing of data and information collected by various area law enforcement agencies through the use of automated license plate readers (ALPR); and WHEREAS, the multijurisdictional sharing of ALPR data and information has proven to be an effective tool against auto theft and, as such, the Wheat Ridge Police Department wishes to utilize the EOC; and WHEREAS, due to the privacy and security requirements applicable to ALPR data, servers and systems used to store and share such data are typically more complex and expensive to obtain and maintain than other servers and databases; and WHEREAS, in order to utilize the EOC and gain access to its existing server and database, the CSP requires the City to enter into a memorandum of understanding (MOU) establishing the roles and responsibilities of both parties; and WHEREAS, the City Council finds that it is desirable and likely cost-effective to utilize the ALPR system and database already established and maintained by the EOC and, therefore, to enter into the proposed MOU; and WHEREAS, Section 14.2 of the Wheat Ridge Home Rule Charter authorizes the Council, acting by resolution or ordinance, to approve agreements with other governmental agencies. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows: The attached memorandum of understanding between Colorado State Patrol – Beat Auto Theft Through Law Enforcement (BATTLE) and the City of Wheat Ridge is hereby approved. ATTACHMENT 1 2 DONE AND RESOLVED this ____ day of ______________, 2019. Bud Starker, Mayor ATTEST: Janelle Shaver, City Clerk Memorandum of Understanding Between Colorado State Patrol - Beat Auto Theft Through Law Enforcement AND The City of Wheat Ridge The Colorado ELSAG EOC is an initiative of the Colorado State Patrol – Beat Auto Theft Through Law Enforcement (BATTLE) to create an information sharing system designed to replicate, maintain, and share law enforcement license plate reader systems from all participating state and local public safety agencies within the State of Colorado. CONCEPT The goal of this project is to share license plate recognition data among all contributing agencies that have established this Memorandum of Understanding with the Colorado ELSAG EOC, managed by the Colorado State Patrol BATTLE. Participating agencies will share license plate reader (LPR) information for replication to the data warehouse or as part of a central querying system hosted by the Colorado ELSAG EOC and will have the capability to query all LPR based information from around the State of Colorado which is stored within the warehouse. PURPOSE This Memorandum of Understanding (MOU) sets forth an agreement between and defines the roles and responsibilities of BATTLE and the City of Wheat Ridge, in implementing connectivity to the Colorado ELSAG EOC. RESPONSIBILITIES Colorado State Patrol - BATTLE The roles and responsibilities of BATTLE in this MOU are as follows: • BATTLE will establish the Colorado ELSAG EOC as a shared information system to the benefit of all public safety agencies in the State of Colorado. • BATTLE will appoint a project manager to oversee the Colorado ELSAG EOC and implement the terms and conditions of this MOU. • BATTLE will direct the management of all obligations, responsibilities, and assets of the Colorado ELSAG EOC, including but not limited to: o Any and all contractual obligations for development, implementation, expansion, maintenance, and management of the Colorado ELSAG EOC, o Ownership of any and all equipment in the inventory of the Colorado ELSAG EOC, including but not limited to servers, workstations, communications devices, routers, firewalls or other hardware, and all software in use or under development in compliance with the requirements of the Colorado ELSAG EOC. ATTACHMENT 2 o Security and control of any data resident in the Colorado ELSAG EOC data warehouse, to exclusive Law Enforcement use as defined by the Colorado ELSAG EOC Security Policies and Procedures. o BATTLE will design and implement a governance structure appropriate to the proper operational maintenance of the Colorado ELSAG EOC, and providing appropriate levels of input to all participating agencies. o BATTLE will provide an Administrator for the Colorado ELSAG EOC to provide vetting and establishment for City of Wheat Ridge personnel, including authorization for the City of Wheat Ridge Administrator. o BATTLE will adopt Security Policies and Procedures as may be consistent with appropriate security and maintenance of the system for all participating agencies. This document shall become the governing MOU for participation in the Colorado ELSAG EOC upon ratification of the participating agencies. o BATTLE will ensure that appropriate personnel are made available as reasonably necessary to assist with development, implementation, and testing of any hardware/software solutions, as well as for any training required, for the purposes of this project. o BATTLE will assist in obtaining the cooperation of any third party contractor or vendor approved by them to provide license plate reader systems in the State of Colorado and/or internal or external technology providers (e.g. Colorado CIO / Other participating agencies /State of Colorado information technology staff) as may be reasonably necessary for the purposes of this project. o BATTLE will assist in creation of the lessons learned and final reporting and documentation of the project. The input provided by BATTLE will be utilized for future distributions and use of the system at other hosting agencies. City of Wheat Ridge The roles and responsibilities of the City of Wheat Ridge in this MOU are as follows: • The City of Wheat Ridge agrees to share ALPR data with other law enforcement agencies utilizing the Colorado ELSAG EOC. • The City of Wheat Ridge agrees to use the Colorado ELSAG EOC in compliance with federal, state and local laws, regulations and policies. • The City of Wheat Ridge agrees to retain all ALPR records no longer than one year from the date of the read (§24-72-113 C.R.S.) • The City of Wheat Ridge agrees to the ELSAG EOC Polices and agrees to be responsible for all authorized users identified by their agency, including vetting, training and monitoring of the users. • The City of Wheat Ridge maintains sole authority and responsibility for determining the actions, if any, that are appropriate for the department’s information technology environment, and for implementing any changes deemed to be appropriate to the purposes of this project. • The Chief of Police of the City of Wheat Ridge, or an appropriate designee, will be available, as reasonably required, to give guidance and approval to technical and non-technical requirements of this assistance project. • The City of Wheat Ridge will make reasonable accommodations for access by BATTLE staff to their facilities and license plate reader system as may be required in furtherance of this project. • The City of Wheat Ridge will ensure that appropriate personnel are made available as reasonably necessary to assist with development, implementation, and testing of any hardware / software solutions, as well as for any training required, for the purposes of this project. • The City of Wheat Ridge will assist in obtaining the assistance of any third party contractor or vendor associated with their license plate reader system and / or internal or external technology providers (e.g. county / municipal information technology staff) as may be reasonably necessary for the purposes of this project. • The City of Wheat Ridge will assist in creation of the lessons learned and final report of the project. Colorado State Patrol - BATTLE AND City of Wheat Ridge The roles and responsibilities of both agencies in this MOU are as follows: • All contributing agencies shall develop and maintain an LPR data usage policy that addresses privacy concerns. Such usage policy may be derived from the International Association of Chiefs of Police publications pertaining to license plate readers. • The ownership of the data that is contributed in this system shall remain with the contributing agency. Therefore, all ownership rights are to the sole authority and responsibility of the contributing agency. The data in this system is shared by the contributing agency, for the communal use by other law enforcement and government agencies that have this signed agreement with CSP BATTLE, but shall adhere to the contributing agency’s usage policy when using the contributing agency’s data. All data use and handling shall comply with the current laws and statutes with respect to the data. • BATTLE shall develop and maintain an ELSAG LPR data retention policy that can address privacy concerns in accordance with current federal and state legislation and statutes, and may be limited by system capability. All contributing agencies shall adhere to the ELSAG data retention policy until such time that the City of Wheat Ridge has developed their own policy. At that time, the City of Wheat Ridge may submit a memorandum to this MOU to address the retention of the ELSAG data owned by the City of Wheat Ridge. Such ELSAG data retention policy may be derived from the International Association of Chiefs of Police publications pertaining to license plate readers. FUNDING Any costs associated with maintenance, upgrade, or changes required directly to the contributing agency’s LPR system or existing computer network in order to accommodate implementation of the Colorado ELSAG EOC interfaces and replication, or costs incurred on behalf of the Colorado ELSAG EOC as a result of changes to the agency system(s) which adversely affect the Colorado ELSAG EOC replication, may be the responsibility of the City of Wheat Ridge. ACKNOWLEDGEMENT BATTLE anticipates the duration of this implementation to be five years, but may be extended at the discretion of the Director of BATTLE if requested by the City of Wheat Ridge. Such extension must be documented through appropriate addendum to this MOU agreeable to both parties. This Memorandum of Understanding will be effective upon signature of all parties. Colorado State Patrol - BATTLE City of Wheat Ridge 700 Kipling Street 7500 West 29th Avenue Lakewood, Colorado 80215 Wheat Ridge, CO 80033 Signature Signature Printed Name Printed Name Date Date ITEM NO: DATE: April 8, 2019 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 23-2019 A RESOLUTION APPROVING THE SECOND AMENDED AND RESTATED INTERGOVERNMENAL AGREEMENT ESTABLISHING THE JUVENILE ASSESSMENT CENTER PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO _______________________________ ______________________________ Chief of Police City Manager ISSUE: The City of Wheat Ridge entered into an intergovernmental agreement (IGA) with several other entities in January of 2001 for the creation of the Juvenile Assessment Center (JAC). Two amendments to the original agreement have been agreed to by all parties. Both amendments serve to reflect and acknowledge how the JAC operates, and seek to eliminate antiquated provisions of the original agreement. All parties have agreed to the amendments, with the exception of the City of Wheat Ridge on the second amended and restated IGA. The second amendment terminates the Jefferson Center for Mental Health Agreement and amends the JAC IGA to reflect the Jefferson Center’s current and continued roles and responsibilities with respect to JAC. PRIOR ACTION: Council has previously entered into agreements establishing the JAC and agreements amending the initial IGA. FINANCIAL IMPACT: There will be no financial impact to the City of Wheat Ridge. Council Action From - Juvenile Assessment Center IGA April 8, 2019 Page 2 BACKGROUND The City of Wheat Ridge entered into an IGA with several other entities in January of 2001 for the creation of the Juvenile Assessment Center (JAC). At that time, a subset of the parties, including the City of Wheat Ridge, entered into an agreement with Jefferson Center for Mental Health. This agreement did two things. First, it allowed the Jefferson Center for Mental Health to oversee, administer, and staff the JAC. Second, it removed funding requirements from signatories for a precursor program known as the Jefferson County Juvenile Assessment Program which had been administered by the Jefferson Center for Mental Health. The City of Wheat Ridge entered into an agreement dated June 1, 2017, known as the Second Amended and Restated IGA. This agreement affirmed the prior establishment and continued existence of a separate legal entity known as the JAC. It also established that the JAC was to operate as a government entity, and established provisions for a board of directors. This agreement did not, however, address the role of the Jefferson Center for Mental Health in the administration of the JAC. This is noteworthy as the JAC was operating as its own entity at the time. Based on the aforementioned oversight, the Amendment to the Second Amended and Restated IGA Establishing the JAC and Termination of Agreement with Mental Health was approved on February 27, 2018. This formally terminated the prior mental health agreement. With the exception of Wheat Ridge, all other parties to the agreement have executed the agreement. This oversight was revealed by the JAC during a review process. Execution of this agreement will align the City of Wheat Ridge with all other entities who are party to the agreement. RECOMMENDATIONS: Staff recommends City Council approval of this agreement. RECOMMENDED MOTION: “I move to approve Resolution No. 23-2019, a resolution approving the Second Amended and Restated Intergovernmental Agreement establishing the Juvenile Assessment Center.” Or, “I move to postpone indefinitely Resolution No. 23-2019, a resolution approving the Second Amended and Restated Intergovernmental Agreement establishing the Juvenile Assessment Center for the following reason(s) .” REPORT PREPARED/REVIEWED BY: Daniel Brennan, Chief of Police Dave Pickett, Division Chief Darrel Guadnola, Investigations Bureau Commander ATTACHMENTS: 1. Resolution No. 23-2019 2. 2017 Juvenile Assessment Center second amended and restated IGA 3. 2018 Juvenile Assessment Center second amended and restated IGA CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 23 Series of 2019 TITLE: A RESOLUTION APPROVING THE SECOND AMENDED AND RESTATED INTERGOVERNMENTAL AGREEMENT ESTABLISHING THE JUVENILE ASSESSMENT CENTER WHEREAS, the City of Wheat Ridge, Colorado (the “City), acting through its City Council (“Council”) is a home rule municipality with statutory and constitutional authority to enact ordinances and enter into agreements for protection of the public health, safety and welfare; and WHEREAS, Part 2 of Article 1 of Title 29, C.R.S., authorizes the City to enter into agreements with other governmental entities to cooperate in the provision of any function, service, or facility each is authorized to provide; and WHEREAS, pursuant to this authority, the City previously entered into an agreement with several other area jurisdictions to form the Juvenile Assessment Center (“Center”) to provide a centralized location for the coordinated provision of mental health and other intervention programs and services for juveniles and their families who are referred to the Center; and WHEREAS, in 2018, all parties to the current intergovernmental agreement governing the Center approved and executed an amendment to said agreement to clarify the on-going role and responsibility of Jefferson Center for Mental Health in regards to the Center; and WHEREAS, due to simple oversight, the City of Wheat Ridge failed to approve the 2018 intergovermental agreement amendment, and the City Council therefore wishes to do so now; and WHEREAS, Section 14.2 of the Wheat Ridge Home Rule Charter authorizes the Council, acting by resolution or ordinance, to approve intergovernmental agreements and amendments thereto. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows: The attached amendment to the second amended and restated intergovernmental agreement establishing the Juvenile Assessment Center and termination of agreement with Mental Health is hereby approved. DONE AND RESOLVED this 8th day of April, 2019. ATTEST: Bud Starker, Mayor Janelle Shaver, City Clerk ATTACHMENT 1 ATTACHMENT 2 TM 11-00059 1 of 14 AMENDMENT TO THE SECOND AMENDED AND RESTATED INTERGOVERNMENTAL AGREEMENT ESTABLISHING THE JUVENILE ASSESSMENT CENTER AND TERMINATION OF AGREEMENT WITH MENTAL HEALTH THIS AMENDMENT to the Second Amended and Restated Intergovernmental Agreement Establishing the Juvenile Assessment Center dated June 1, 2017 (“JAC IGA”), dated for reference purposes only February 27, 2018 (this "Amendment"),is made and entered into by the following Parties (each, individually, a "Party"): A.The County of Jefferson, State of Colorado, a body politic and corporate (the "County") for the use and benefit of the Office of the District Attorney, First Judicial District (the "District Attorney") and the Jefferson County Department of Human Services ("Human Services"); B.The Jefferson County Sheriff’s Office (the "Sheriff"); C.Jefferson County School District No. R-1 ("Jeffco Schools"): D.Jefferson Center for Mental Health ("Mental Health"); E.The City of Arvada, a municipal corporation ("Arvada"); F.The City of Edgewater, a municipal corporation ("Edgewater"); G.The City of Golden, a municipal corporation ("Golden"); H.The City of Lakewood, a municipal corporation ("Lakewood"); I.The City of Westminster, a municipal corporation ("Westminster"); and J.The City of Wheat Ridge, a municipal corporation ("Wheat Ridge"). RECITALS 1.The Parties executed the JAC IGA to affirm the creation of the Juvenile Assessment Center (“JAC”), which was originally formed in 2001. 2.A subset of the Parties also executed an Agreement With Mental Health, dated January 1, 2001 (the “Mental Health Agreement”),to clarify Mental Health’s roles and responsibilities with respect to the JAC and JAC Board. 3.The Parties wish to terminate the Mental Health Agreement and amend the JAC IGA to reflect Mental Health’s current and continued roles and responsibilities with respect to the JAC. ATTACHMENT 3 TM 11-00059 2 of 14 AGREEMENT In consideration of the covenants and conditions set forth herein the Parties agree as follows: 1.The Mental Health Agreement is hereby terminated. 2.The JAC Agreement is hereby amended by the addition to Section I of the following new subsection E: E.Mental Health is not a party to the formation of the JAC as a governmental entity. Mental Health’s participation in the JAC IGA is intended to express Mental Health’s assent to its obligations identified in the JAC IGA, and its role in JAC governance as a member of the First Judicial District’s Juvenile Services Planning Committee. 3.The JAC Agreement is hereby amended by the addition to Section XIV of the following new subsection J: J.Mental Health provides services to the JAC as an independent contractor and is not acting as an agent, servant, or employee of the other parties or the JAC. Mental Health is solely responsible for necessary and adequate workers’ compensation insurance for its employees. Mental Health is solely responsible for withholding and paying any and all federal or state taxes and Mental Health employees are not entitled to unemployment benefits provided by the other parties, or the JAC. 4.This Amendment is binding upon and inures to the benefit of the Parties hereto and its successors and assigns. 5.This Amendment may be executed in two or more counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. The Parties approve the use of electronic signatures for execution of this Amendment. All documents must be properly notarized, if applicable. All use of electronic signatures shall be governed by the Uniform Electronic Transactions Act, C.R.S.§§24-71.3-101 to -121. 6.Each Party represents that all procedures necessary to authorize such Party’s execution of this Amendment have been performed and that the person signing for such Party has been authorized to do so. The parties hereto have caused this Amendment to be executed. [SIGNATURE PAGES FOLLOW] TM 11-00059 3 of 14 COUNTY OF JEFFERSON, STATE OF COLORADO By: _______________________ Casey Tighe, ChairmanBoard of County Commissioners STATE OF COLORADO COUNTY OF JEFFERSON The foregoing Agreement was acknowledged before me this ______ day of ______________, 2018, by Casey Tighe as Chairman of the Board of County Commissioners, County of Jefferson, State of Colorado. __________________________ Notary’s official signature __________________________ Commission expiration date APPROVED AS TO FORM: _____________________ Kurtis D. Behn Assistant County Attorney TM 11-00059 4 of 14 COUNTY OF JEFFERSONSTATE OF COLORADO By: _____________________________ Peter A. Weir, District Attorney STATE OF COLORADOCOUNTY OF JEFFERSON The foregoing Agreement was acknowledged before me this ______ day of ____________, 2018, by Peter A. Weir, District Attorney of the District Attorney’s Office for the County of Jefferson, State of Colorado. __________________________Notary’s official signature __________________________ Commission expiration date APPROVED AS TO FORM: _____________________Joanne KortendickAssistant County Attorney TM 11-00059 5 of 14 COUNTY OF JEFFERSON,STATE OF COLORADO By: Lynn A. Johnson, Executive DirectorDepartment of Human Services STATE OF COLORADO COUNTY OF JEFFERSON The foregoing Agreement was acknowledged before me this ______ day of ______________, 2018, by Lynn A. Johnson as Executive Director of the Department of Human Services, County of Jefferson, State of Colorado. __________________________ Notary’s official signature __________________________Commission expiration date APPROVED AS TO FORM: _____________________Kurtis D. BehnAssistant County Attorney TM 11-00059 6 of 14 COUNTY OF JEFFERSON,STATE OF COLORADO By: Jeff Shrader, Sheriff STATE OF COLORADOCOUNTY OF JEFFERSON The foregoing Agreement was acknowledged before me this ______ day of ______________, 2018, by Jeff Shrader, Sheriff, County of Jefferson, State of Colorado. __________________________Notary’s official signature __________________________ Commission expiration date APPROVED AS TO FORM: _____________________ Kurtis D. BehnAssistant County Attorney TM 11-00059 7 of 14 JEFFERSON COUNTY R-1 SCHOOL DISTRICT: By: ____________________________Dr.Jason Glass, Superintendent STATE OF COLORADO COUNTY OF JEFFERSON The foregoing Agreement was acknowledged before me this ______ day of ______________, 2018, by Dr. Jason Glass as Superintendent of Jefferson County R-1 School District. __________________________ Notary’s official signature __________________________Commission expiration date ATTEST: By: _______________________________Name: ____________________________Title: _____________________________ TM 11-00059 8 of 14 JEFFERSON CENTER FOR Mental Health By: Harriet L. Hall, President STATE OF COLORADO COUNTY OF JEFFERSON The foregoing Agreement was acknowledged before me this _____ day of ___________________, 2018, by Harriet L. Hall, as President of Jefferson Center for Mental Health. Notary’s official signature Commission expiration date TM 11-00059 9 of 14 CITY OF ARVADA, a Colorado home rule municipal corporation By: ________________________________ Marc Williams, Mayor STATE OF COLORADO COUNTY OF JEFFERSON The foregoing Agreement was acknowledged before me this _____ day of ___________________, 2018, by Marc Williams, Mayor of the City of Arvada. Notary’s official signature Commission expiration date ATTEST: _________________________________City Clerk APPROVED AS TO FORM: ___________________________________ _________________________, City Attorney TM 11-00059 10 of 14 CITY OF EDGEWATER, a Colorado municipal corporation By: ________________________________ Kris Teegardin, Mayor STATE OF COLORADO COUNTY OF JEFFERSON The foregoing Agreement was acknowledged before me this _____ day of ___________________, 2018, by Kris Teegardin, Mayor of the City of Edgewater. Notary’s official signature Commission expiration date ATTEST: _________________________________City Clerk APPROVED AS TO FORM: ___________________________________ _________________, City Attorney TM 11-00059 11 of 14 CITY OF GOLDEN, a Colorado municipal corporation By: ________________________________ Marjorie N. Sloan, Mayor STATE OF COLORADOCOUNTY OF JEFFERSON The foregoing Agreement was acknowledged before me this _____ day of ___________________, 2018, by Marjorie N. Sloan, Mayor of the City of Golden. Notary’s official signature Commission expiration date ATTEST: _________________________________ City Clerk APPROVED AS TO FORM: ___________________________________ _________________, City Attorney TM 11-00059 12 of 14 CITY OF LAKEWOOD, a Colorado municipal corporation By: ________________________________ Adam Paul, Mayor STATE OF COLORADOCOUNTY OF JEFFERSON The foregoing Agreement was acknowledged before me this _____ day of ___________________, 2018, by Adam Paul, Mayor of the City of Lakewood. Notary’s official signature Commission expiration date ATTEST: _________________________________ City Clerk APPROVED AS TO FORM: ___________________________________ _________________, City Attorney TM 11-00059 13 of 14 CITY OF WESTMINSTER, a Colorado municipal corporation By: ________________________________ Herb Atchison, Mayor STATE OF COLORADO COUNTY OF ___________________ The foregoing Agreement was acknowledged before me this _____ day of ___________________, 2018, by Herb Atchison, Mayor of the City of Westminster. Notary’s official signature Commission expiration date ATTEST: _________________________________City Clerk APPROVED AS TO FORM: ___________________________________ _________________, City Attorney TM 11-00059 14 of 14 CITY OF WHEAT RIDGE, a Colorado municipal corporation By: ________________________________ Bud Starker, Mayor STATE OF COLORADO COUNTY OF JEFFERSON The foregoing Agreement was acknowledged before me this _____ day of ___________________, 2018, by Bud Starker, Mayor of the City of Wheat Ridge. Notary’s official signature Commission expiration date ATTEST: _________________________________City Clerk APPROVED AS TO FORM: ___________________________________ _________________, City Attorney ITEM NO: DATE: April 8, 2019 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO APPROVE PAYMENT TO LL JOHNSON DISTRIBUTING COMPANY, DENVER, COLORADO IN THE AMOUNT OF $94,711.36 FOR PURCHASE OF A NEW 2019 TORO GROUNDSMASTER 5900-D MOWER PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO _______________________________ ______________________________ Parks and Recreation Director City Manager ISSUE: The Parks Division is replacing a 2011 Toro Groundsmaster 5900 Series 16 foot mower. The current mower has reached the end of its useful lifespan. From mid-May to early October, 5 days a week, 7 to 8 hours a day, these mowers are used to mow developed turf in all City of Wheat Ridge Park locations. PRIOR ACTION: Funds for this piece of equipment were appropriated in the 2019 Parks Division budget in account 01-603-800-809. FINANCIAL IMPACT: $94,711.36 to be charged to account 01-603-800-809. BACKGROUND: The Toro brand mower has been used by the City of Wheat Ridge for park maintenance for 25 years. It has proven to be a well-built/well designed machine that is very reliable, and has a low breakdown frequency. Council Action Form – Replacement Toro Groundsmaster 5900-D mower April 8, 2019 Page 2 The new 2019 Toro Groundsmaster 5900-D 16-foot mower (Model 31698) proposal from LL Johnson Distributing Company is based on a cooperative pricing agreement through MAPO (Multiple Assembly of Procurement Officials). Purchase of this mower will allow the Parks Division to conduct day-to-day mowing operations of large-scale turf areas. RECOMMENDATIONS: Staff recommends payment to LL Johnson Distributing Company in the amount of $94,711.36 for purchase of a new 2019 Toro Groundsmaster 5900-D mower (Model 31698). RECOMMENDED MOTION: “I move to approve payment to LL Johnson Distributing Company, Denver, Colorado in the amount of $94,711.36 for purchase of a new 2019 Toro Groundsmaster 5900-D mower.” Or, “I move to deny payment to LL Johnson Distributing Company, Denver, Colorado in the amount of $94,711.36 for purchase of a new 2019 Toro Groundsmaster 5900-D mower for the following reason(s) .” REPORT PREPARED/REVIEWED BY: Mark Ruote, Park Project Coordinator Rick Murray, Parks, Forestry and Open Space Manager Joyce Manwaring, Director of Parks and Recreation Jennifer Nellis, Purchasing Agent Patrick Goff, City Manager ATTACHMENTS: 1. 2019 Toro Model 31698 Groundsmaster 5900-D mower proposal 2. 2019 Agreement - LL Johnson Distributing Company March 29, 2019 City of Wheat Ridge Parks Attn: Mark Ruote Please find the enclosed 2019 MAPO pricing on the parks mower you requested. (1) Toro Model 31698 Groundsmaster 5900-D large area rotary mower with 16 foot cutting width, full-time 4-wheel drive, Info-Center onboard diagnostics, SmartCool system with auto-reversing cooling fan, tilt steering column, adjustable traction pedal, air-ride seat and powered by a 72hp Yanmar Tier 4 compliant engine $96,006.14 (1) Toro Leaf Mulching Kit for above GM5900 $ 2,008.18 (1) Toro Sunshade for above $ 575.55 (1) Toro Filter kit for above $ 171.49 Extra parts and service manuals no charge Service Fee $ 3,950.00 SUBTOTAL $102,711.36 Trade Value of Toro Groundsmaster 5900-D with 2234 hours…..$8,000.00 TOTAL $94,711.36 The above pricing is per our NIPA agreement #2017025-MAPO and includes all freight, set-up and delivery to you. The above pricing is also good for 90 days. Please give me a call at 720-641- 3869 with any questions. Sincerely, Don Swanberg Western Territory Manager ATTACHMENT 1 A T T A C H M E N T 2 ITEM NO: DATE: April 8, 2019 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO AWARD A CONTRACT AND APPROVE SUBSEQUENT PAYMENTS TO J.F. SATO & ASSOCIATES, LITTLETON, CO, IN AN AMOUNT NOT TO EXCEED $134,120 FOR ENGINEERING CONSULTING SERVICES FOR 38TH AVENUE AND KIPLING INTERSECTION IMPROVEMENTS PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO _______________________________ ______________________________ Engineering Manager City Manager ISSUE: Recent redevelopment along 38th Avenue on the west side of Kipling Street has caused changes in traffic and access patterns to adjacent developments. In particular, left turn queues on the west side of 38th Avenue for eastbound traffic have increased and have impacted access to nearby developments. With additional redevelopment proposed on both sides of Kipling Street, it is anticipated that accesses will be further impacted. Staff has evaluated the intersection and determined that the addition of a second left turn lane on 38th Avenue will reduce the queue lengths and improve the flow of traffic along 38th Avenue. A conceptual design has been developed by staff and an engineering consultant is required to prepare the construction drawings and assist with permitting. PRIOR ACTION: N/A Council Action Form – 38th and Kipling Engineering Consulting Services Contract April 8, 2019 Page 2 FINANCIAL IMPACT: The funding for this project is available in the Public Improvement Projects, Development Related line item 30-303-800-851. BACKGROUND: The west side of the 38th Avenue corridor adjacent to Kipling Street has experienced significant redevelopment over the last few years with additional development being anticipated in the near future. The southwest corner of the intersection underwent major redevelopment with the Kipling Ridge redevelopment including a Sprouts Farmer’s Market, a larger Starbucks, and the Morning Star Assisted Living Facility. Additional development at the last vacant parcel directly west of the Starbucks is anticipated in the near future. Redevelopment of the Circle K gas station is currently underway at the northwest corner of the intersection. A specific development plan is currently under review for a new 8-lot townhome subdivision at 10191 W 38th Avenue, just over 500 feet west of Kipling Street. The southeast corner of the intersection has also recently received interest as a redevelopment site. Further to the east, there has also been ongoing interest to develop the vacant parcel of land at 9801 W 38th Avenue as a small residential subdivision. Finally, increased enrollment at Everitt Middle School has increased traffic in this area during student drop off and pick up. All of these changes have increased the traffic and changed the access patterns along 38th Avenue near Kipling Street. The goal of this project is to provide a design that will reduce the long left turn queues along 38th Avenue past the access points for Kipling Ridge and the Circle K. The left turn queues exceed the capacity of the existing left turn lanes and block vehicles from making left turns into the Kipling Ridge development. This causes traffic to back up on 38th Avenue as vehicles wait for the queues to clear before turning left into Kipling Ridge. With the construction of an additional left turn lane along 38th Avenue, the queue lengths will be reduced by half and access to the Kipling Ridge development will no longer be impeded. JF Sato and Associates was recently selected by the City’s established procurement process to perform the required professional services. The selection process included review by an evaluation committee of proposals in response to a request for qualifications submitted by six (6) firms. Staff negotiated with J.F. Sato to finalize the scope and fees for the anticipated work. The fee is slightly higher than anticipated coming in at about 16% of the estimated 2020 construction costs. However, the project has a significant permitting component due to Kipling Street being a State highway, so a higher engineering consulting fee is appropriate. RECOMMENDATION: The consultant selection, based on qualifications, project approach, and experience on similar projects and services, is consistent with the City’s standard procurement policy and process for professional services. Appropriate fees for the work were then negotiated in accordance with the specific tasks and services needed. Staff recommends that a contract be awarded to J.F. Sato & Associates. Council Action Form – 38th and Kipling Engineering Consulting Services Contract April 8, 2019 Page 3 RECOMMENDED MOTION: “I move to award a contract and approve subsequent payments to J.F. Sato & Associates, Littleton, CO, in an amount not to exceed $134,120 for engineering consulting services for 38th Avenue and Kipling intersection improvements.” Or, “I move to deny the award of a contract and subsequent payments to J.F. Sato & Associates, Littleton, CO, for engineering consulting services for 38th Avenue and Kipling intersection improvements for the following reason(s) .” REPORT PREPARED/REVIEWED BY: Jordan Jefferies, Civil Engineer Mark Westberg, Projects Supervisor Steve Nguyen, Engineering Manager Jennifer Nellis, Purchasing Agent Patrick Goff, City Manager ATTACHMENTS: 1. Project Scope and Fee 1 Memo To: Jennifer Nellis, CPPB Project No.: RFQ-JN-18-27 (JFSA: P6262) RE: Project Scope and Fee -Revised memo Project Name: 38th Ave and Kipling St Intersection Improvements: DATE: March 1, 2019 File Code: From: Gaurav Vasisht, PE, PTOE JFSA The JFSA team is pleased and excited to submit this memo summarizing our understanding of project scope, project deliverables and an estimate associated fee for the 38th Avenue and Kipling Street intersection improvements. The scope and fees are based on CDOT requirements for this project and are detailed by topographic survey, utility survey, project design and environmental clearances and permitting. A summary of the fees by phase and discipline as well as a detailed fee breakdown is provided at the end of this memo. We understand that the fee is higher than the range listed in the RFQ and are available to discuss the proposed submittals/deliverables with the City. Water Quality Funding: CDOT Mitigation Pool Funding JFSA would like to suggest a funding source for water quality for this project area, i.e. CDOT’s Mitigation Pool Fund. I am currently managing two regional water quality pond projects for which I successfully garnered design and construction funds through the mitigation pool fund. Overall, we have been able to use this funding mechanism for five water quality ponds and one storm system in CDOT Region 2. Since Kipling St is a CDOT roadway, the mitigation pool funds can be applied for as a Local Agency Project by the City. This will help both the City and CDOT bring the project area under MS4 compliance. The deadline for local agency applications has not been published for 2019 yet but is expected to be around June or July (2019). As stated on CDOT’s website: CDOT’s Mitigation Pool Fund is required by the CDOT Municipal Separate Storm Sewer System (MS4) Permit (COS000005). The criteria in the application are based on CDOT’s MS4 Permit and proposed projects must meet CDOT’s MS4 requirements. The Mitigation Pool Committee will consider overall water quality benefit, partnerships, local watershed priority, and project components identified in the Guidance and Application. https://www.codot.gov/programs/environmental/water-quality/stormwater-programs/pwq- permanent-water-quality 1. Project Details The project details presented below are based on our meeting with the City on 02/06/19 and are in addition to those presented in the RFQ: i. The City would like to be able to have the project go out to bid in one year, but it is dependent upon ROW and construction funding. ii. The City would like the schedule to push the 60% as far as possible so that once the street width is designated, progress to 100% can be made in a timely manner. ATTACHMENT 1 38th Ave and Kipling St Improvements Project Scope and Fee 2 iii. The City would like the project to be designed per CDOT standards to aid in CDOT approvals and coordination. iv. Park Access: The City would like to sell that parcel to CVS but there is opposition to the idea from local residents. v. The duplex development on one of the impacted parcels is moving forward. Thus, only one building west of the intersection is historic. vi. Whether the Appleridge Café will move from its current location will become clear by March of this year. vii. The City could consider compressing the sidewalk to fit in ROW. ADA accessibility will have to be evaluated. viii. There is currently a social trail in front of the house by Leena Gulch. The City feels that negotiations and coordination with the owner of this parcel will be reasonable. ix. The ongoing Circle K construction will include a new sidewalk in the northwest corner of the intersection. x. The signal pole in the southwest corner is new and can possibly be reset, if necessary. xi. A signal design will be required for the project with the possibility of moving one or two of the signal poles depending on the roadway design. xii. Curb ramp re-design/upgrade to meet ADA requirements will be needed in all four corners of the intersection. The northeast corner has a Type R inlet and the southwest corner has a Wheat Ridge inlet that will need to be accommodated in this design. xiii. The City would like the geotech report to provide signal caisson/foundation recommendations and ground water elevation. Three boreholes are anticipated as part of this investigation. xiv. The City can provide GIS data and 1 ft topo of the site to get the project started. However, the design will be based on the topographic survey of the site. xv. Technical specs for the project will be completed by the City. xvi. Water quality has not been evaluated as part of the RFQ but will need to be investigated as part of the project. xvii. The City would like permitting to be completed for one design package. If the CVS development is not approved, design pages for that part of the project will be removed from the package. The design package sheets will be set up to make the removal of these sheets easy. xviii. The project design vehicle is a WB 50. xix. The project will use the City of Wheat Ridge inlet that has been adopted by UDFCD. This inlet provides for better capacity than a Type 16. Additionally, bicycles are able to traverse over these easily. xx. The City will need assistance in making boards for the public meeting, but the Consultants are not required to attend. xxi. A minor traffic signal LOS analysis might be required to assess the impact of the turn lanes on signal timing along Kipling St. 2. Design Scope The following is a brief summary of the design scope and deliverables. Initial Design Review Phase: This phase will involve a thorough review the City’s roadway design and a scoping meeting with CDOT and the City to assess all permitting requirements of the project. 38th Ave and Kipling St Improvements Project Scope and Fee 3 Deliverables: i. Memo summarizing the findings the design review and scoping meeting (‘Scoping Memorandum’). Other information will be project design criteria, agency contact list and list of design task leaders. ii. Project schedule 60% Design: This phase of the project will aim to develop a design that is progressed enough such that it can be used for ROW acquisition, should the need arise. The goal of the design will be to develop a roadway plan that can be used to designate street width; to obtain environmental clearances, to provide information to the public and to get CDOT’s approval for the design. Design approval will be through submittals to the City and CDOT followed by a design review meeting. The JFSA PM will coordinate with the City and CDOT throughout the design process. Details for the utility and topographic survey tasks and deliverables for this phase are provided below. Engineering Utility Locate Details • Utilizing Electronic Designation, Aztec S&L will locate all traceable utilities within the project limits. Utilities must have a “Traceable” line (i.e. a utility equipped with a copper “tracer wire”) in order to be deemed “Locatable”. Any utilities without a “Traceable” line cannot be located (i.e. Sanitary and Storm Sewer Lines). • A detailed, color coded sketch will be drafted labeling each traceable utility type and direction within the project limits and provided to the client upon completion of the project. • Pursuant to Colorado SB 18-167: Underground utility designation will be performed at and only at Quality Level “C” (QLC) as defined within ASCE 38-02 Standard Guideline for the Collection and Depiction of Existing Subsurface Utility Data. Map and Data Research • Upon Notice to Proceed, Aztec S&L will contact Utility Notification Center of Colorado (UNCC) and initiate an Engineering Data Request to obtain the contact information for all utility owner facilities with the provided project limits. • Once utility owner contact information is obtained, Aztec S&L will make contact with each utility owner facility to obtain all available utility data (maps, prints, and/or as-builts) within the project limits. Traffic Control Plans • Utilizing AutoCAD Civil 3D, Aztec S&L will provide a set of site-specific traffic control plans (TCP’s) tailored to the permitting entities specific requirements. • Each TCP will be created by a Colorado Contractors Association (CCA) certified Traffic Control Supervisor (TCS). Topographic Survey Field Work All improvements will be located if items fall within defined limits, including: 38th Ave and Kipling St Improvements Project Scope and Fee 4 • Fences, gates, fixture, structures, pavements (concrete to asphalt), plantings, trails and trees. • Road access, driveways and drainage way structures. Visible utility boxes and vaults will be located including: • Gas, water, sanitary, storm, fiber. • Power meters, power poles (overhead power line low point when/if they cross road), fiber pedestals, electric meters, sanitary (rim & inverts), storm (rim & inverts). Boundary: • Define ROW / Property / Easements Develop 1-foot contours across defined limits. Vertical Datum will be NAVD88 Set a minimum of 3 control points for construction Subsurface Utility Engineering • Subconsultant Utility Locator will paint/flag underground utilities as locatable by electronic devices • Survey crew will locate all lines as marked by utility locator and implement into design drawing (Quality Level: C) • JF Sato will contact Colorado811 to gather private/public utility ownership and alignment mapping, and compare mapping to field located lines (Quality Level: B) • Upon utility design configuration, any crossing conflicts will need ‘test hole’ confirmation for vertical pipe reference, unknown quantity (Quality Level: A) • Should conflicts be determined in cross reference of field markings and mapping, additional costs will incur with utility locator and survey field crew mobilizations. Best effort to establish QL: B to QL: A, and detailed report as to why those Quality Levels are not achievable. Deliverables: i. Utility findings memo document utility coordination and the utility survey quality level achieved on the project. This will include Xcel coordination information with regards to the BCL application that will need to be submitted by the City. ii. Drainage memo summarizing the drainage analysis. It is requested that the City consider a drainage memo as a submittal instead of a drainage report given the limited drainage design on this project. iii. Geotechnical report with pavement and caisson design recommendations iv. Topographic Survey (1-foot contours) v. Design sheet submittal: • Title sheet • General notes • CDOT standard plans list for the project • Tabulations based on CDOT pay item numbers. (earthwork, surfacing, removals, resets/adjustments, curb and gutter, sidewalks, curb ramps, traffic, survey monuments, • Typical sections • Utility plan 38th Ave and Kipling St Improvements Project Scope and Fee 5 • Survey control diagram • Survey tabulation sheet • ROW and Ownership map • Geometry plan • Removal and reset plan • Roadway plan • Curb return profiles • Grading and drainage plan • Traffic signal notes and plan • Signing and striping plan • Construction phasing plan • Landscaping plan vi. Memo summarizing the design review meeting with the City and CDOT, and summarizing comment resolution vii. Irrigation design – as needed for the project 90%-100% Design: This phase of the project will incorporate comments received at the design review meeting and will further the design to final bid package. Thus, the design will be further based on an approved roadway and grading design. A second design review meeting will be held at the 90% design stage. Comments received at this meeting will be addressed and a final bid package will be prepared. i. Design sheets in addition to the ones submitted at 60%: • Additional Tabulation sheets as necessary • Storm system plan/profile • SWMP – initial and final • Construction traffic control plan • Roadway cross-sections 38th Ave and Kipling St Improvements Project Scope and Fee 6 The project team will assist the City staff in obtaining an environmental clearance and preparing required permits, in conformance with CDOT’s NEPA Manual. The scope of the environmental tasks follows CDOT’s Environmental Process guidance in Chapter 5 (Section 5.7) of the Local Agency Manual. The following tasks and environmental clearances, and permits are, based on the study team’s initial reviews. CDOT Scoping Meeting The first step will involve scheduling a scoping meeting with CDOT to review the proposed 38th Ave/Kipling intersection improvements; and establish the environmental requirements and schedule. This may be combined with an on-site review of the project limits and design concepts. The proposed 38th Ave / Kipling intersection improvements are anticipated to fall under the scope of a programmatic CatEx project, based on the study team’s initial reviews. The scope of the CatEx process will be established through the CDOT Scoping Meeting, including: • CDOT environmental review team • Preliminary determinations of anticipated environmental clearance requirements and permits • CatEx schedule and CDOT review time-frames CatEx Clearance Requirements The following is an overview of anticipated Environmental Clearances/Documentation requirements for CatEx clearances: a. Air Quality - hot spot analysis (Required) A hot spot analysis for CO emissions is required for conformity with the Clean Air Act, for intersections operating at a level of service (LOS) D, E, or F. A hot spot analysis for CO emissions for is required for the 38th Ave/Kipling intersection, due to peak-hour traffic congestion at LOS F. FHU will prepare an Air Quality Technical Memo, based on CDOT NEPA Manual guidance for CatEx documentation. b. Noise (Not required) A noise analysis is not required, because the project will not add additional capacity or through- traffic lanes. c. Hazardous Materials Assessment (Required) Based on preliminary review of the EDR Database report for properties with known hazardous materials, FHU identified records of multiple petroleum releases from gas stations currently or historically located in all corners of the 38th Ave/Kipling intersection, as well as shallow groundwater (10 – 20 ft depth). Hazardous materials assessment will include: • Detailed review and documentation of project site conditions based on the EDR Database Report, • Documentation of findings in an Initial Site Assessment (ISA CDOT Form #881) The following recommendations are anticipated: 38th Ave and Kipling St Improvements Project Scope and Fee 7 • Contractor-prepared Materials Management Plan • A Modified CDOT Specifications may be required • Dewatering permit d. Threatened and Endangered Species/Wildlife (Required) The FHU team will prepare a Biological Resources Technical Memo, documenting existing conditions at the locations for stormwater improvements near 38th Ave/Lee Street, and 38th Ave/Johnson Street. Based on initial site reviews, neither location is expected to include habitat for federally listed threatened and endangered species, or protected state-listed species. e. Wetlands (Required) The FHU study team will conduct a wetland survey of the drainage near 38th Ave/Johnson Street, and prepare a Wetland Delineation Memo. Due to the isolated area of wetlands, impacts would be less than 500 square feet, and only require a Preconstruction Notification to the USACE District Office. f. Paleontology (Required) ERO will assess the paleontological resources within the project area and general vicinity through multiple methods that constitute a comprehensive desktop review (Review). The Review will include a paleontological locality file search; a scientific literature search; assessment of pertinent geologic maps; and consultation with the CDOT Paleontologist as needed. ERO will conduct the file searches through the Colorado Office of Archaeology and Historic Preservation (OAHP) “COMPASS” website, the Denver Museum of Nature and Science (DMNS), and the University of Colorado Museum of Natural History (CU Boulder). ERO will also search the scientific literature and other available documents pertaining to paleontological resources in the project area and vicinity, including an evaluation of published geologic maps to determine the paleontological sensitivity of bedrock formations and/or other surficial deposits in the project area. The CDOT (and/or another agency) paleontologist will be consulted as necessary. A technical report presenting the results of the Review, with mitigation recommendations (if any), will be prepared using accepted resource assessment criteria and professional standards. Initial assumptions are that no paleontological localities will be found in the proposed project area or vicinity. Cultural Resource Compliance Approach In coordination with CDOT, ERO will evaluate potential project effects on archaeological and historical resources for the project, in compliance with the Colorado State Register Act (SRA). CDOT requires that archaeological and historical resources are cleared separately in separate deliverables, as follows: g. Archaeology (Required) ERO will perform a file search and literature review to identify potential historic properties within the project area and surrounding area within 0.25 mile. For the record searches, ERO will conduct a formal file search with the Colorado Office of Archaeology and Historic Preservation and other relevant records (such as assessor) to identify previously evaluated and potential cultural resources surveys within the project area. The file and literature review results will be compiled for CDOT review. The results of the formal records review will be provided to CDOT 38th Ave and Kipling St Improvements Project Scope and Fee 8 in a technical memorandum. Because the project is located entirely within existing disturbed areas within and along the road right-of-way, ERO will compile the records search results in a letter to CDOT. ERO anticipates recommending a determination of no potential to cause effects to archaeological resources (per Colorado Revised Statute (CRS) 24-80.1) for the project. ERO assumes that no fieldwork will be required for archaeological resource clearance. h. History (Required) To evaluate potential project effects on historical buildings and structures in the project area, ERO will prepare a memorandum for CDOT to review the file and literature review and define the Area of Potential Effects (APE) for the cultural resource survey. ERO will conduct a pedestrian survey of the APE to document all historical buildings and structures within the CDOT-defined APE on relevant OAHP documentation forms. Previously recorded and newly identified historical resources will be assessed for their eligibility to be listed on the State Register of Historic Places per CRS 24-80.1-107. ERO will prepare a report summarizing the eligibility of historical resources in the APE and potential project effects on the resources on CDOT letterhead. The report will include the OAHP documentation forms and provide project construction sufficient information for CDOT to conduct an independent evaluation of the project effects and consultation with the State Historic Preservation Officer regarding potential project effects to historic properties. Assumptions for the SOW include: • ERO cultural resource staff will coordinate directly with CDOT to define the APE. • Ground conditions must be 80 percent free of snow and any pedestrian survey areas and access roads must be dry to initiate the survey. These stipulations are required by the SHPO. • Through discussions with the City, the project team has initially identified documentation and evaluation requirements for two historical resources, including the residence at 10221 W. 38th Avenue, and the restaurant at 3790 Kipling Street. ERO will coordinate with CDOT and the City to identify any additional resources, based on the APE and survey findings, and refine the SOW and level of effort accordingly. • If the project results in an adverse effect on cultural resources eligible for listing on the NRHP and additional management or mitigation is required, ERO will provide these services under a separate scope of work. • Products: • Records search tech memo provided to CDOT. o Draft cultural resource survey letter report and accompanying site forms provided to the Client and CDOT. o Final cultural resource survey letter report and accompanying site forms provided to the Client and CDOT. i. Section 4(f) (Required) The project includes sidewalk and stormwater improvements within the northern edge of Discovery Park. The detached sidewalk improvement is proposed to meet City standards, including 38th Ave and Kipling St Improvements Project Scope and Fee 9 establishing an amenity zone adjacent to 38th Ave, and an ADA compliant ramp at the Johnson Street. Section 4(f) properties include publicly own parks and recreation areas. The study team will prepare a Section 4(f) evaluation in compliance with the following guidance from the CDOT NEPA Manual: Section 4(f) of the USDOT Act prohibits projects on publicly owned parks, recreation areas, wildlife and waterfowl refuges, or historic sites unless there is no feasible and prudent alternative and all possible mitigation is used. Under SAFETEA-LU, the Secretary can comply with Section 4(f) in a streamlined manner by finding that the program or project will have a "de minimis" impact on the area – i.e., there are no adverse effects of the project and the relevant State Historic Preservation Officer (SHPO) or other official with jurisdiction over a property concurs. j. Section 6(f) (not required) The study team has not identified any properties within the project area that were purchased through Land and Water Conservation Funds. Environmental Documentation and Form 128 (Parts A and B) The environmental team will prepare technical documentation for submittal to the City and CDOT, in coordination with preliminary design (FIR) review. We will finalize CatEx documentation based on comments, and coordinate with CDOT on clearances and completion of CDOT Form 128 Parts A and B. Environmental Permits and Form 128 (Parts C, D and E) Permit assumptions: • 404 Permit - USACE (not anticipated) The proposed stormwater pipe extension impacts to wetlands within Discovery Park are expected to be under the 0.1-acre discharge disturbance, or 500 feet utility line thresholds that would trigger the requirement for a Nationwide 404 Permit with USACE. A pre- construction notification will be prepared for submittal to the district engineer. • Air Quality An Air Pollution Emission Notice to CDPHE may be needed. • Stormwater Permit – CDPHE Compliance with City and CDOT requirements • Dewatering Permit – CDPHE Assumes shallow ground water at 38th Ave/Kipling signal pole sites • Noxious Weed Management Compliance with City and CDOT standards • SB40 Certification (not anticipated) Assumes avoidance of Lena Gulch • Floodplain Permit (not anticipated) 38th Ave and Kipling St Improvements Project Scope and Fee 10 Assumes avoidance of Lena gulch floodplain • MS4 Compliance Compliance with City and CDOT standards • Utility Permit Utility permit for any work within CDOT’s ROW ITEM NO: DATE: April 8, 2019 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 21-2019 – A RESOLUTION AMENDING THE FISCAL YEAR 2019 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $18,000 TO SUPPORT PORCHLIGHT, A FAMILY JUSTICE CENTER PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO _______________________________ ______________________________ Chief of Police City Manager ISSUE: The Police Department is requesting approval of a supplemental budget appropriation in the amount of $18,000 to assist with start-up costs for PorchLight, a Family Justice Center (FJC). PorchLight will provide one-stop services for comprehensive legal, emotional, and critical needs for survivors of domestic violence, sexual assault, child abuse, at-risk adult abuse, elder abuse, and human trafficking. PRIOR ACTION: The Police Department has provided updates to City Council regarding the progress of the Family Justice Center since the idea began in earnest in 2017. Community meetings and meetings with non-profits and government leaders have taken place, notably including Senior Deputy District Attorney Candace Cooledge, meeting with City Council on December 4, 2017. Ms. Cooledge conducted a PowerPoint presentation regarding the concepts and progress of PorchLight. Council Action Form - Supplemental Budget for PorchLight, a Family Justice Center April 8, 2019 Page 2 Members of the Wheat Ridge Police Department have been, and continue to be, involved as subcommittee members on this project. Staff continues to assess how our organization will integrate these services into our Police Department. FINANCIAL IMPACT: The financial impact to the General Fund is a requested increase in the amount of $18,000 to contribute to the start-up costs of the Family Justice Center. BACKGROUND More than 75 partner agencies have been working together to provide coordinated services for victims of violence. Violence can include physical abuse, emotional abuse, harassment, threats, strangulation, murder, elder and at-risk adult abuse, human trafficking, property damage, and child abuse. The advantage of a Family Justice Center is for victims of crime to have one-stop access to essential services. The City of Wheat Ridge is an important and participating partner in PorchLight (FJC). To date, PorchLight (FJC), has raised $875,000 through grants, corporate, and individual donations. They are requesting start-up contributions from municipal and county partners to reach a goal $1,200,000 to become operational. The City of Golden was the first municipality to make a contribution of $10,000. The population of Golden is 3% of the total population of the First Judicial District (Jefferson and Gilpin Counties, population 569,800). As Wheat Ridge represents 5% of the total population, a recommended contribution is $18,000. The other municipalities within the First Judicial District are asked to contribute their appropriate share, based on population percentage. PorchLight (FJC) continues to evaluate their funding needs beyond this request and will continue to keep the City informed of their progress and needs. RECOMMENDATIONS: Staff recommends that City Council approve the supplemental budget appropriation. RECOMMENDED MOTION: “I move to approve Resolution No. 21-2019 – a resolution amending the fiscal year 2019 General Fund budget to reflect the approval of a supplemental budget appropriation in the amount of $18,000 to support PorchLight, a Family Justice Center. Or, “I move to postpone indefinitely Resolution No. 21-2019 – a resolution amending the fiscal year 2019 General Fund budget to reflect the approval of a supplemental budget appropriation in the amount of $18,000 to support PorchLight, a Family Justice Center, for the following reason(s) .” Council Action Form - Supplemental Budget for PorchLight, a Family Justice Center April 8, 2019 Page 3 REPORT PREPARED/REVIEWED BY: Jim Lorentz, Patrol Operations Division Chief Daniel Brennan, Chief of Police Patrick Goff, City Manager ATTACHMENTS; 1. Resolution No. 21-2019 2. 2018 Family Justice Center PowerPoint 3. 2017 Family Justice Center Presentation CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 21 Series of 2019 TITLE: RESOLUTION NO. 21-2019 – A RESOLUTION AMENDING THE FISCAL YEAR 2019 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $18,000 TO SUPPORT PORCHLIGHT, A FAMILY JUSTICE CENTER WHEREAS, the Wheat Ridge Charter requires that amendments to the budget be effected by the City Council adopting a resolution; and WHEARAS, an amendment to the general fund budget is required to expend these funds; and WHEREAS, the Wheat Ridge City Council identified the support of residents in taking an active role in community policing as a 2035 Smart Goal; and WHEREAS, the First Judicial District is establishing a Family Justice Center to provide one-stop services and support for comprehensive legal, emotional, and critical needs for survivors of domestic violence, sexual assault, child abuse, at-risk adult abuse, elder abuse, and human trafficking; and WHEREAS, the First Judicial District is requesting contributions based on population size by the municipalities within the district to support the start-up costs of Porchlight, a Family Justice Center; and WHEREAS, the contribution requested for the City of Wheat Ridge represents an $18,000 increase to the General Fund budget. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows: THE FOLLOWING AMENDMENT TO THE GENERAL FUND IS HEREBY APPROVED: A supplemental budget appropriation in the amount of $18,000 from General Fund undesignated reserves to account 01-201-700-750 and the amendment of revenues accordingly to support PorchLight, a Family Justice Center. ATTACHMENT 1 DONE AND RESOLVED this 8TH day of April 2019. Bud Starker, Mayor ATTEST: Janelle Shaver, City Clerk 1 Thank you JEFFCO BUSINESS RESOURCE CENTER!!! ATTACHMENT 2 2 PORCHLIGHT’S MISSION PORCHLIGHT’S VISION AND VALUES VALUES (what we believe) We Believe… •Hope.At Porchlight, we believe in a violence‐free future for everyone. •Respect.At Porchlight, we believe in respectfor all people, regardless of differences. •Community.At Porchlight, we believe in the power of a compassionate community andthe transformative partnerships that support courage and healing. •Empowerment.At Porchlight, we believe thateach person deserves the opportunity todirect their own life. •Freedom.At Porchlight, we believe everyonehas the right to live in safety and free fromfear. •VISION (what we see in the future) •PorchLight is a beacon of light, no matter the darkness.  We inspire hope and offer a place for healing, creating a community free from violence, abuse and exploitation 3 WHERE ARE WE NOW? •Committees and work groupsmeeting regularly including VOICEScommittee •Project Board •DA 501(c)(3) •Pro Bono attorney –thank youJackson Kelly and John Zakhem! •We have OVER 70 partners andcommunity support •Thank you JAN FERGUSON and KELLEN Company –FURNITUREDONATION –JCSO moving/storage •We are getting $$$ Thank youGolden,District Attorney Pete Weir,Jeffco Sheriff Jeff Shrader, ColoradoAttorney General, Lakewood PD,First Bank! •GRANT funding •JCSO and LPD – Family CrimesUnits •High Risk Assessment Team •Marketing Material •www.porchlightfjc.org WE HAVE A LOCATION!!! 4 Thank you Cheryle Powell Sperry Commercial Global Affiliates 5 FUNDRAISING VIDEO Thank you Jenuine & Blu JE F F E R S O N CO U N T Y TH E C U R R E N T PR O C E S S AT T A C H M E N T 3 JI L L ƒ Th i s i s a t y p i c a l D V s c e n a r i o t h a t o u r o f f i c e s e e s d a y i n a n d d a y ou t ƒ So m e t i m e s w e h a v e v i c t i m p a r t i c i p a t i o n i n t h e c r i m i n a l j u s t i c e sy s t e m a n d s o m e t i m e s w e d o n o t ƒ Le g i t i m a t e r e a s o n s w h y a v i c t i m m a y n o t p a r t i c i p a t e : F e a r o f t h e sy s t e m ; f e a r o f t h e o f f e n d e r ; r e l i g i o u s b e l i e f s ; e m o t i o n a l t i e s t o th e a b u s e r ; t h r e a t s t o c h i l d r e n o r o f d e p o r t a t i o n ; l a c k o f m o n e y or r e s o u r c e s ; o r s i m p l y n o t k n o w i n g t h a t h e l p i s a v a i l a b l e ƒ Mo s t , i f n o t a l l , e x p e r i e n c e d p r o s e c u t o r s i n J e f f e r s o n C o u n t y h a v e ha n d l e d a m u r d e r c a s e w h i c h w a s t h e r e s u l t o f , o r w h i c h h a d a n as s o c i a t i o n w i t h , d o m e s t i c v i o l e n c e JI L L ƒ Ji l l , a v i c t i m o f d o m e s t i c v i o l e n c e n e e d s : ƒ Me d i c a l T r e a t m e n t - S t . A n t h o n y H o s p i t a l & M e d i c a l C a m p u s ( Ce n t u r a He a l t h ) ƒ A P r o t e c t i o n O r d e r – J e f f e r s o n C o u n t y C o m b i n e d C o u r t s ( Fa m i l y T r e e ) ƒ Co u n s e l i n g - JC M H ƒ Je f f e r s o n C o u n t y H u m a n S e r v i c e s A s s i s t a n c e ( DH S ) ƒ A d i v o r c e – Ju s t i c e a n d M e r c y L e g a l A i d C l i n i c ƒ Fo l l o w u p w i t h L a w E n f o r c e m e n t – La k e w o o d P D ƒ Fo r e n s i c i n t e r v i e w o f h e r c h i l d r e n w h o w i t n e s s e d t h e i n c i d e n t – Ralston Ho u s e *A D V a d v o c a t e m a y b e i n v o l v e d f r o m t h e b e g i n n i n g o r a t a n y t i m e th r o u g h o u t t h i s p r o c e s s t o h e l p J i l l n a v i g a t e . W i t h o r w i t h o u t a s s i s t a n c e : HE R E I S W H A T S H E M U S T D O … … AF T E R T H E A S S A U L T ƒ As s u m e J i l l l i v e s i n L a k e w o o d ƒ Sh e m a y g o t o S t . A n t h o n y h o s p i t al , t e l l h e r s t o r y , a n d r e t u r n ho m e ƒ 14 . 8 M i l e s ƒ 34 M i n u t e s ME D I C A L T R E A T M E N T ƒ Ji l l w i l l g o t o t h e Je f f e r s o n C o u n t y Co u r t h o u s e a n d m e e t w i t h Fa m i l y T r e e f o r h e l p w i t h th e a p p l i c a t i o n ƒ Sh e w i l l t h e n g o t o c o u r t ƒ Sh e w i l l r e t u r n h o m e ƒ Sh e w i l l n e e d t o r e t u r n t o co u r t a g a i n f o r t h e pe r m a n e n t p r o t e c t i o n or d e r t o i s s u e ƒ 29 . 4 M i l e s E A C H t i m e ƒ TO T A L 5 8 . 8 M i l e s ƒ 38 M i n u t e s E A C H t i m e ƒ TO T A L 7 6 M i n u t e s PR O T E C T I O N O R D E R ƒ Ji l l m a y r e c e i v e a r e f e r r a l f o r c o un s e l i n g w i t h J C M H , t e l l h e r st o r y a n d f i l l o u t a n a p p l i c a t i o n ƒ 16 . 8 M i l e s ƒ 32 M i n u t e s CO U N S E L I N G ƒ To a p p l y f o r a i d , J i l l w i l l n e e d t o g o t o H u m a n S e r v i c e s t e l l h e r st o r y , a n d f i l l o u t a n a p p l i c a t i o n ƒ 25 M i l e s ƒ 34 M i n u t e s FI N A N C I A L A S S I S T A N C E ƒ Ji l l m a y n e e d h e l p w i t h a d i v o r c e a n d / o r c u s t o d y i s s u e s ƒ Sh e m a y b e r e f e r r e d t o J u s t i c e a n d M e r c y L e g a l A i d C l i n i c , t e l l he r s t o r y a n d f i l l o u t a n a p p l i c a t i o n ƒ 12 M i l e s ƒ 32 M i n u t e s FA M I L Y L A W H E L P ƒ Sh e m a y n e e d t o f o l l o w u p w i t h L a w E n f o r c e m e n t , t e l l h e r st o r y ƒ 8. 6 M i l e s ƒ 26 M i n u t e s FO L L O W U P W I T H L E ƒ Sh e m a y n e e d t o m e e t w i t h t h e D i s t r i c t A t t o r n e y h a n d l i n g t h e ca s e a g a i n s t h e r a b u s e r , t e l l h e r s t o r y ƒ 30 . 8 M i l e s ƒ 36 M i n u t e s ME E T W I T H D A ƒ Sh e m a y n e e d t o b r i n g h e r c h i l d r e n t o t h e R a l s t o n H o u s e f o r a fo r e n s i c i n t e r v i e w ƒ 12 . 8 M i l e s ƒ 30 M i n u t e s FO R E N S I C I N T E R V I E W ƒ To r e c e i v e t h e s e b a s i c n e e d s , J i l l w i l l h a v e t r a v e l e d o v e r 174 MI L E S T O T A L ƒ By c a r t h i s w o u l d h a v e t a k e n 2 8 1 M I N U T E S O R 4. 6 8 H O U R S of TR A V E L T I M E A L O N E ƒ By b u s i t w i l l t a k e J i l l 13 H O U R S TO M E E T H E R N E E D S ƒ Th i s i s t r a v e l t i m e O N L Y . 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A p t s . - Se n i o r s ’ R e s o u r c e C e n t e r ƒ Re v o k e P o w e r o f A t t o r n e y a n d s e c u r e b a n k a c c o u n t s - A d u l t pr o t e c t i v e s e r v i c e s – Je f f e r s o n C o u n t y H u m a n S e r v i c e s ƒ Fo r e n s i c I n t e r v i e w - Ra l s t o n H o u s e ƒ La w E n f o r c e m e n t - AP D ƒ Di s t r i c t A t t o r n e y ƒ Vi c t i m A d v o c a t e – w h a t h a p p e n s n o w ? – VO I / D A V W ƒ Co u n s e l i n g - JC M H EL D E R A B U S E WH A T A B O U T T H E CH I L D R E N ? ƒ 5 m i l l i o n c h i l d r e n w i t n e s s d o m e s t i c v i o l e n c e e a c h y e a r i n t h e US ƒ 40 m i l l i o n a d u l t A m e r i c a n s g r ew u p l i v i n g w i t h d o m e s t i c vi o l e n c e ƒ Ch i l d r e n w h o ’ v e e x p e r i e n c e d d om e s t i c v i o l e n c e o f t e n m e e t th e d i a g n o s t i c c r i t e r i a f o r P o s t T r a u m a t i c S t r e s s Di s o r d e r ( P T S D ) a n d t h e e f f e c t s o n t h e i r b r a i n a r e s i m i l a r t o th o s e e x p e r i e n c e d b y c o m b a t v e t e r a n s WH A T A B O U T T H E C H I L D R E N ? ƒ Ch i l d r e n i n h o m e s w i t h v i o l e n c e a r e p h y s i c a l l y a b u s e d o r se r i o u s l y n e g l e c t e d a t a r a t e 15 0 0 % h i g h e r th a n t h e n a t i o n a l av e r a g e ƒ Th o s e w h o g r o w u p w i t h d o m e s t ic v i o l e n c e a r e 6 t i m e s m o r e li k e l y t o c o m m i t s u i c i d e a n d 5 0 % m o r e l i k e l y t o a b u s e d r u g s an d a l c o h o l WH A T A B O U T T H E C H I L D R E N ? ƒ If y o u g r o w u p w i t h d o m e s t i c v i o l e n c e , y o u ’ r e 74 % m o r e l i k e l y to c o m m i t a v i o l e n t c r i m e a g a i n s t s o m e o n e e l s e ƒ Ch i l d r e n o f d o m e s t i c v i o l e n c e ar e 3 t i m e s m o r e l i k e l y t o re p e a t t h e c y c l e i n a d u l t h o o d , a s g r o w i n g u p w i t h d o m e s t i c vi o l e n c e i s t h e m o s t s i g n i f i c a n t p r e d i c t o r o f w h e t h e r o r n o t so m e o n e w i l l b e e n g a g e d i n d om e s t i c v i o l e n c e l a t e r i n l i f e WH A T A B O U T T H E C H I L D R E N ? CA T E G O R Y / F I L E D C A S E S 20 1 6 El d e r A b u s e 74 Hu m a n T r a f f i c k i n g 14 Mi s d o D V 16 0 4 Fe l o n y D V 38 5 Se x u a l A s s a u l t / A d u l t V i c t i m 64 Fe l o n y C r i m e s A g a i n s t C h i l d r e n 22 8 TO D A Y ’ S N U M B E R S ƒ Th e U S D e p a r t m e n t o f Ju s t i c e v i e w s t h e F a m i l y Ju s t i c e C e n t e r m o d e l t o b e a b e s t p r a c t i c e a p p r o a c h i n re s p o n d i n g t o d o m e s t i c vi o l e n c e ƒ Cu r r e n t l y t h e r e a r e ap p r o x i m a t e l y 1 3 0 F J C s th r o u g h o u t t h e n a t i o n FJ C – A B E S T P R A C T I C E M O D E L Al a m e d a C o u n t y F J C Op e n e d i n 20 0 6 ƒ 20 0 6 : 5 5 % m i s d o D V no t c h a r g e d b e c a u s e of l a c k o f v i c t i m pa r t i c i p a t i o n ƒ 20 0 7 : 3 6 % ƒ 20 0 8 : 2 2 % ƒ 20 0 9 : 1 9 % DV H O M I C I D E R A T E : ƒ 20 0 1 : 3 0 D V HO M I C I D E S ƒ 20 0 7 : 7 D V H O M I C I D E S NY C : D E C L I N E O F 5 1 % CI T Y W I D E SA N D I E G O : 5 0 % DE C R E A S E BR O O K L Y N – 9 1 % ( 3 LA S T Y E A R ) SO M E S T A T I S T I C S ƒ Al l o f t h e a g e n c i e s t h a t J i l l n e e d s i n a s i n g l e l o c a t i o n ƒ No t a n a d d i t i o n a l a g e n c y ƒ On e t r i p t o m o r e e f f i c i e n t l y d e l i v e r s e r v i c e s ƒ Mi n i m i z e n u m b e r o f t i m e s s h e w i l l r e c o u n t t h e a b u s e ƒ Vi c t i m o r i e n t e d ƒ Vi c t i m s c a n b e r e f e r r e d t o t h e F J C n o t o n l y b y t h e p o l i c e , b u t a l s o by f r i e n d s , f a m i l y , t h e r a p i s t o r h o s p i t a l ƒ No c r i m i n a l c a s e r e q u i r e d – s h e c o m e s f o r t h e s e r v i c e s s h e ne e d s WH A T I S A F A M I L Y J U S T I C E C E N T E R ? ƒ In c r e a s e d c o l l a b o r a t i o n o f a l l s e r v i c e p r o v i d e r s ƒ Co - l o c a t e d , s p e c i a l i z e d s e r v i c es f o r v i c t i m s o f d o m e s t i c vi o l e n c e , s e x u a l a s s a u l t , c r i m e s a g a i n s t c h i l d r e n , e l d e r a b u s e an d h u m a n t r a f f i c k i n g ƒ Re d u c t i o n i n h o m i c i d e r a t e ƒ In c r e a s e i n v i c t i m p a r t i c i p a t i o n a n d p r o s e c u t i o n o f o f f e n d e r s fo r s a f e r c o m m u n i t y VI S I O N TH E G O A L ƒ St u d y T o u r ƒ St r a t e g i c P l a n n i n g Ja n u a r y 1 7 & 1 8 , 20 1 8 ƒ Ea r l y P l a n n i n g Ph a s e FA M I L Y J U S T I C E C E N T E R A L L I A N C E ww w . f a m i l y j u s t i c e c e n t e r . o r g ƒ 1 ST JU D I C I A L D I S T R I C T AT T O R N E Y ’ S O F F I C E ƒ JE F F E R S O N C O U N T Y S H E R I F F ’ S OF F I C E ƒ JE F F E R S O N C O U N T Y DE P A R T M E N T O F H U M A N SE R V I C E S ƒ JE F F E R S O N C O U N T Y R - 1 SC H O O L S ƒ CE N T U R A H E A L T H ƒ LU T H E R A N H O S P I T A L ƒ JE F F E R S O N C O U N T Y PR O B A T I O N ƒ JE F F E R S O N C O U N T Y C O R O N E R ƒ CO L O R A D O S C H O O L O F M I N E S ƒ JE F F E R S O N / G I L P I N C O U N T Y CA S A ƒ FA M I L Y T R E E ƒ RA L S T O N H O U S E ƒ VI C T I M O U T R E A C H I N C . ƒ GO L D E N P D ƒ AR V A D A P D ƒ LA K E W O O D P D ƒ WH E A T R I D G E P D ƒ WE S T M I N S T E R P D ƒ TH E A C T I O N C E N T E R ƒ FO R E N S I C N U R S E E X A M I N E R S th r o u g h S t . A n t h o n y H o s p i t a l ƒ BL U E B E N C H ƒ SE N I O R S ’ R E S O U R C E C E N T E R ƒ JC M H ƒ DD R C ƒ TH E A R C CU R R E N T P A R T N E R S ƒ MI L E H I G H M I N I S T R I E S / J U S T I C E AN D M E R C Y L E G A L A I D C L I N I C ƒ RO C K Y M O U N T A I N V I C T I M L A W CE N T E R ƒ RO C K Y M O U N T A I N P O L I C E CH A P L A I N S ƒ SU R V I V O R S O R G A N I Z I N G F O R LI B E R A T I O N ƒ SE R V I C I O S D E L A R A Z A ƒ NA T I O N A L C O A L I T I O N A G A I N S T DO M E S T I C V I O L E N C E ( N C A D V ) ƒ CO L O R A D O C O A L I T I O N A G A I N S T DO M E S T I C V I O L E N C E ( C C A D V ) ƒ DO M E S T I C V I O L E N C E I N I T I A T I V E ƒ CH I L D C A R E I N N O V A T I O N S , R E D RO C K S C O M M U N I T Y C O L L E G E , ƒ TR I A D E A R L Y C H I L D H O O D CO U N C I L ƒ IN T E R V E N T I O N ƒ CO L O R A D O O R G A N I Z A T I O N F O R VI C T I M A S S I S T A N C E ( C O V A ) – HU M A N T R A F F I C K I N G P R O G R A M ƒ DR . K A T H A R I N E W E L L S ( D E N V E R HE A L T H , C H I L D R E N ’ S H O S P I T A L , UN I V E R S I T Y O F C O L O R A D O , T H E KE M P E C E N T E R ) ƒ CR I M E V I C T I M C O M P E N S A T I O N ƒ FO O T H I L L S P E T S H E L T E R ƒ AL I G H T CU R R E N T P A R T N E R S ( C O N T ’ D ) ƒ RO C K Y M O U N T A I N CH I L D R E N ’ S L A W C E N T E R ƒ EN E R G Y O U T R E A C H CO L O R A D O ƒ DE N V E R I N D I A N F A M I L Y RE S O U R C E C E N T E R ƒ AS I A N P A C I F I C DE V E L O P M E N T C E N T E R ƒ TH E R A P Y D O G S ƒ TH E T R A N S L A T I O N A N D IN T E R P R E T A T I N G C E N T E R ƒ JE F F C O P E T E M E R G E N C Y TE A M ƒ DO V E CU R R E N T P A R T N E R S ( C O N T ’ D ) WE A R E H E R E F O R J I L L FA M I L Y TR E E I S I N JC M H I S I N RA L S T O N HO U S E I S IN AR E Y O U I N ? Ca n d a c e C o o l e d g e De p u t y D i s t r i c t At t o r n e y Fa m i l y J u s t i c e Ce n t e r C o o r d i n a t o r 50 0 J e f f e r s o n Co u n t y P a r k w a y Go l d e n , C O 8 0 4 0 1 (3 0 3 ) 2 7 1 - 6 9 2 9 cc o o l e d g @ J e f f c o . u s SU P P O R T TH E EF F O R T ITEM NO: DATE: April 8, 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 (04/08/2019) RESOLUTIONS (continued from 01/14/2019 and 02/11/2019) 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 rezoning, if approved, would prepare the property for development of a 26-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. On February 11, there were vacancies on Council and pursuant to the applicant’s request, a motion was approved continuing the case to April 8, 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: Council Action Form – 4440 Tabor Street Rezoning April 8, 2019 Page 2 1. The proposed zone change will promote the public health, safety, and welfare of the community. 2. The proposed zone change will provide a land use transition from 44th Avenue to the low-density neighborhoods to the north. 3. The proposed zone change is consistent with the goals and objectives of the City’s Comprehensive Plan. 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. If approved, additional fees would be required for the Specific Development Plan, subdivision plat, parkland fees-in-lieu of land dedication, building permits, site work permit, and right-of-way permits. 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. Council Action Form – 4440 Tabor Street Rezoning April 8, 2019 Page 3 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. Staff’s analysis of the request has determined it 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. Other property zoned R-3 abuts the subject property immediately to the south and southeast, which allows 12 dwelling units per acre. 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, a designated collector 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. Council Action Form – 4440 Tabor Street Rezoning April 8, 2019 Page 4 RECOMMENDATIONS: The application in this case is for the rezoning of property. This action is quasi-judicial, and as a result, the applicant is entitled to a public hearing on the application. As Council is aware, rezoning in Wheat Ridge is accomplished by ordinance (Charter Sec. 5.10; Code Sections 26-303). Ordinances require two readings, and by Charter, the public hearing takes place on second reading. 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, on second reading, and that it takes effect 15 days after final publication, 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., Council Action postponed to April 8, 2019 in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado, and that it takes effect 15 days after final publication. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of _____ to _____, this _____ day of ___________, 2019. SIGNED by the Mayor on this _______ day of _______________, 2019. ______________________________________ Bud Starker, Mayor ATTEST: _______________________________________ Janelle Shaver, City Clerk Approved as to Form _______________________________________ Gerald Dahl, City Attorney 1st publication: November 29, 2018; January 17, 2019; February 14, 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. ITEM NO: DATE: April 8, 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 (04/08/2019) RESOLUTIONS (continued from 12/10/18, 01/14/19, and 02/11/19) 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 April 8, 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 were only seven (7) sitting Council members. A motion was made an approved by City Council to 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 April 8, 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 April 8, 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 April 8, 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 approve Council Bill No. 34-2018, an ordinance approving the sale of designated park land at the intersection of West 38th Avenue and Johnson Street on second reading and that it takes effect 15 days after final publication.” Or, “I move to postpone indefinitely Council Bill No. 34-2018, an ordinance approving the sale of designated park land at the intersection of West 38th Avenue and Johnson Street for the following reason(s) .” REPORT PREPARED BY; Steve Art, Economic Development Manager/Executive Director – Renewal Wheat Ridge Joyce Manwaring, Director of Parks and Recreation Gerald Dahl, City Attorney Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No. 34-2018 2. Parcel Map 3. 2017 Appraisal 4. 2018 Appraisal 5. Purchase Agreement Letter 6. Traffic Generation Letter (Kimley/Horn) CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER POND Council Bill No. 34 Ordinance No. _________ Series 2018 TITLE: AN ORDINANCE APPROVING THE SALE OF 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., Council Action postponed to April 8, 2019 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: February 14, 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: April 8, 2019 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 02-2019 – AN ORDINANCE APPROVING A ZONE CHANGE FROM RESIDENTIAL-THREE (R-3) TO PLANNED RESIDENTIAL DEVELOPMENT (PRD) WITH AN OUTLINE DEVELOPMENT PLAN (ODP) FOR PROPERTY LOCATED AT 4000-4066 UPHAM STREET (CASE NO. WZ-18-17 / RIDGETOP VILLAGE) Note: Staff will present all three related cases (Items 4, 5 and 6) at one time and requests that all three items be introduced at one time and that all three public hearings be opened concurrently. Three separate motions will be required. PUBLIC HEARING ORDINANCES FOR 1ST READING (02/25/2019) BIDS/MOTIONS ORDINANCES FOR 2ND READING (04/08/2019) RESOLUTIONS QUASI-JUDICIAL: YES NO _______________________________ _____________________________________ Community Development Director City Manager ISSUE: The applicant is requesting approval of a zone change from Residential-Three (R-3) to Planned Residential Development (PRD) with an Outline Development Plan for property located at 4000 to 4066 Upham Street. The purpose of this request is to prepare the property for development of a 38-unit townhome project. This request is one of three related requests for this development, the other two being requests for approval of a Specific Development Plan and major subdivision plat. PRIOR ACTION: Planning Commission heard this request at a public hearing on February 7, 2019. Planning Commission gave a recommendation of approval for the zone change and ODP for the following reasons: 1. The proposed zone change will promote the public health, safety, or welfare of the community and does not result in an adverse effect on the surrounding area. Council Action Form – 4000-4066 Upham Street – Rezoning April 8, 2019 Page 2 2. The proposed zone change is consistent with the goals and objectives of the City’s Comprehensive Plan. 3. The proposed zoning is consistent with the intent of a planned development, compatible with surrounding land uses, and will result in a high-quality development. 4. The criteria used to evaluate a zone change support the request. With the following conditions: 1. All minor corrections occur prior to City Council public hearing. 2. Prior to plat, SDP and subdivision recordation the applicant enters into a formal agreement with any necessary easements with Jefferson County Public Schools as required by the City. All minor corrections have been addressed, so the first condition is not included in City Council’s recommended motion. The second condition is recommended as part of the subdivision application. The staff report and meeting minutes from the February 7 Planning Commission meeting are enclosed. FINANCIAL IMPACT: Fees in the amount of $1,050.00 were collected for the review and processing of Case No. WZ-18-17. If approved, typical building permit fees and use tax will be charged. The project will also pay a fee-in-lieu of parkland dedication of $84,907.86. BACKGROUND: Current Zoning/Property Description The subject property is located on the east side of Upham Street between W. 38th Avenue and W. 44th Avenue. The property is currently comprised of four lots, each containing a single-story, single-family home. The homes are small by contemporary standards (averaging 1016 SF above grade) and particularly small relative to their respective lots; the Jefferson County Assessor classifies three of them in “fair” condition and the fourth in “average” condition. The applicant purchased all four lots in mid-2018, and the total size of the site is 1.9 acres. The subject property is zoned Residential-Three (R-3) and is immediately surrounded by residential zoning, including R-2 and R-3. The R-3 zoning designation allows for single-, two-, or multi-family development up to 12 units per acre. The description of the R-3 district in Code Section 26-21 reads as follows: “The R-3 district is established to provide high quality, safe, quiet and stable medium to high-density residential neighborhoods, and to prohibit activities of any nature which are incompatible with the medium to high-density residential character.” Surrounding Land Uses Upham Street is ½-mile in length between 38th and 44th Avenues and includes a wide mix of land uses. The subject property is in the middle third of this block. Immediately to the north is a 2½- story apartment building, which was constructed in 1960 and includes 23 units. Further north along Upham are a mix of single-family homes as well as the four-story Town Center Apartment Council Action Form – 4000-4066 Upham Street – Rezoning April 8, 2019 Page 3 buildings at 44th Avenue. Across Upham Street to the west of the subject property are three mid-century apartment complexes and two single-family homes. The apartments are 1 to 2.5 stories in height, and the densities for those adjacent complexes range from 20 to 26 units per acre. Those that exceed the City’s maximum 21 dwelling units per acre are considered legally nonconforming because they predate the City’s incorporation. Immediately to the south of the subject property is a single-family home zoned R-3. Further south, Upham transitions from a residential neighborhood to mixed use as it approaches 38th Avenue. Land uses include an office building, fire station, Stevens Elementary, and the four-story West End 38 mixed use development. Zoning at the south end of the block is Mixed Use-Neighborhood (MU-N) and Mixed Use-Commercial (MU-C). Behind the subject property to the east is a campus owned by Jeffco Public Schools including Stevens Elementary, Sobesky Academy, and outdoor play fields. The school property is approximately 19 acres in size and extends to Reed Street. Proposed Zoning and Outline Development Plan The proposed Planned Residential Development zoning and Outline Development Plan are intended to accommodate 38 townhome units. Each of the units will have an attached, rear-loaded two-car garage. Two curb cuts on Upham will provide access into the project. Under the current zoning, the site could be developed with 22 units at three stories in height. In many respects, the project complies with the existing R-3 zone district, including height, parking, and open space. The front setbacks are 15 feet which strikes a balance between the R-3 setbacks on Upham and the zero-foot setbacks for new projects at 38th and 44th. The proposed density is nearly 21 units per acre, which is compatible with surrounding multifamily projects and within the City’s Charter limitations. A unique feature of the proposed development is the focus on open spaces amenities. The alley widths are designed as narrow as possible to provide ample front yard space for each unit. In addition, the project is designed around a central open space amenity. The proposed development standards are analyzed in more detail on page 3 of the Planning Commission staff report. 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 proposed development is compatible in terms of land use and density with the surrounding context, and the investment provides a new housing type for the area which does not have any townhome development in this block or nearby. The project follows other public and private investments on the nearby 38th Avenue Main Street corridor, and the zoning and new housing stock will likely add value. The site design and proposed open space provide buffering and amenities. The proposed zoning meets safety and access requirements of the fire district and is not expected to result in adverse effects. Council Action Form – 4000-4066 Upham Street – Rezoning April 8, 2019 Page 4 • The development proposed on the subject property is not feasible under any other zone district. – Most of the proposed development standards comply with the existing R-3 zoning, however because the density exceeds 12 units per acre, the development is not feasible under the R-3 zone district. Because the site exceeds one acre in size, it is only eligible to be rezoned to a mixed use or planned development district. Given the proposed use and surrounding conditions, the PRD zoning is the most appropriate zone change option. • 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. – 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. – Envision Wheat Ridge, the City’s 2009 comprehensive plan, is organized around six key values, one of which is to “promote vibrant neighborhoods and an array of housing options.” Upham Street has an incredible diversity of housing options, including single family homes, duplexes, new market-rate apartments, mid-century apartments, and income- and age-restricted apartments. The provision of a townhome product introduces a complementary option that promotes the key value of the comprehensive plan. The site is located at the intersection of three land use designations: mixed use town center, neighborhood transition, and neighborhood. These designations surrounding the subject property, reflect and call for the diversity of land uses on Upham Street. The proposed zone change is consistent with these designations, and the townhome project supports the City’s stated goals of increasing options for homeownership and attracting a range of household types. The comprehensive plan identifies 38th Avenue as a priority reinvestment corridor. To that end, the City’s 38th Avenue Subarea Plan was adopted in 2011. The vision statement for the corridor calls for “a strong identity and robust commercial and residential markets.” The proposed rezoning contributes to a stronger residential market in the area, which in turn attracts a more robust commercial market to the 38th Avenue corridor. The properties in question are within both the Town Center and Downtown sub-districts in this Subarea Plan. • 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 area has long included a mix of housing types, ages, and densities. The proposed zone change responds to the more recent public and private investments that bookend Upham Street at 38th and 44th Avenues. The investments Council Action Form – 4000-4066 Upham Street – Rezoning April 8, 2019 Page 5 and changes complement the diversity of land uses in the area and strengthen the residential market. Related Applications Rezoning to a planned development in the City of Wheat Ridge entails approval of two documents. The first 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 document is the Specific Development Plan (SDP), which focuses on specific details of a development such as site design, architecture, landscaping, and drainage design. Section 26-302 of the Municipal Code allows for concurrent or sequential applications for the ODP and SDP, and also allows for concurrent review of the SDP and plat. In this case, the applicant is requesting concurrent review of all three applications: ODP, SDP, and plat. All three applications—the ODP, SDP, and subdivision plat—will be presented together at the public hearing. The SDP and plat are described in the following Council Action Forms that accompany Resolution Nos. 19-2019 and 20-2019. RECOMMENDATIONS: The subject of this Council Action Form is a rezoning of the subject property. This action is quasi- judicial, and as a result, the applicant is entitled to a public hearing on the application. As Council is aware, rezoning in Wheat Ridge is accomplished by ordinance (Charter Sec. 5.10; Code Section 26-112). Ordinances require two readings, and by Charter, the public hearing takes place on second reading. Per City Code, the City Council shall use the criteria in Section 26-303 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. 02-2019, an ordinance approving the rezoning of property located at 4000-4066 Upham Street from Residential-Three (R-3) to Planned Residential Development (PRD) with approval of an Outline Development Plan, on second reading, and that it takes effect 15 days after final publication, 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. Council Action Form – 4000-4066 Upham Street – Rezoning April 8, 2019 Page 6 Or, “I move to deny Council Bill No. 02-2019, an ordinance approving the rezoning of property located at 4000-4066 Upham Street from Residential-Three (R-3) to Planned Residential Development (PRD) with approval of an Outline Development Plan, for the following reasons: ________________________________________________________ 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. 02-2019 2. PC Staff Report 3. PC Minutes 4. Constituent email to Councilmember Davis CITY OF WHEAT RIDGE INTRODUCED BY COUNCIL MEMBER DAVIS COUNCIL BILL NO. 02 ORDINANCE NO. _________ Series of 2019 TITLE: AN ORDINANCE APPROVING A ZONE CHANGE FROM RESIDENTIAL-THREE (R-3) TO PLANNED RESIDENTIAL DEVELOPMENT (PRD) WITH AN OUTLINE DEVELOPMENT PLAN (ODP) FOR PROPERTY LOCATED AT 4000-4066 UPHAM STREET (CASE NO. WZ-18-17 / RIDGETOP VILLAGE) 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, Upham Partners, LLC submitted a land use application for approval of a zone change to the Planned Residential Development (PRD) District for property at 4000, 4042, 4062, and 4066 Upham Street; and, WHEREAS, the City of Wheat Ridge has adopted a Comprehensive Plan, Envision Wheat Ridge, which calls for vibrant neighborhoods, diversification of housing stock and household types, and reinvestment in the town center area and 38th Avenue corridor; and, WHEREAS, the subject property is at the crossroads of the neighborhood, neighborhood transition, town center, and downtown Wheat Ridge designations within the Comprehensive Plan and 38th Avenue corridor plans; and, WHEREAS, the zone change criteria support the request; and, WHEREAS, the City of Wheat Ridge Planning Commission held a public hearing on February 7, 2019 and voted to recommend approval of the rezoning of 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 Upham Partners, LLC for approval of a zone change ordinance from Residential-Three (R-3) to Planned Residential Development (PRD) for property located at 4000-4066 Upham 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: A PARCEL OF LAND SITUATED IN THE EAST 1/2 OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 23, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN, ATTACHMENT 1 CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE EAST 1/4 CORNER OF SAID SECTION 23; THENCE S41°50’16”E A DISTANCE OF 1960.91 FEET TO THE POINT OF BEGINNING; THENCE S00°14’00”E ALONG THE EAST LINE OF SAID EAST 1/2 A DISTANCE OF 264.61 FEET; THENCE S89°39’47”W A DISTANCE OF 328.96 FEET TO A POINT ON THE WEST LINE OF SAID EAST 1/2; THENCE N00°13’09”W ALONG SAID WEST LINE A DISTANCE OF 55.00 FEET; THENCE N89°39’47”W A DISTANCE OF 20.00 FEET; THENCE N00°13’09”W ALONG A LINE THAT IS 20.00 FEET EAST OF AND PARALLEL WITH SAID WEST LINE A DISTANCE OF 209.63 FEET; THENCE N89°39’59”E ALONG A LINE THAT IS 132.00 FEET SOUTH OF AND PARALLEL WITH THE NORTH LINE OF SAID EAST 1/2 A DISTANCE OF 308.89 FEET TO THE POINT OF BEGINNING. PARCEL CONTAINS (82,849 SQUARE FEET) 1.9020 ACRES AND IS KNOWN AS 4000 – 4066 UPHAM STREET. Section 2. Vested Property Rights. Approval of this zone change does not create a vested property right. Vested property rights may only arise and accrue pursuant to the provisions of Section 26-121 of the Code of Laws of the City of Wheat Ridge. Section 3. Safety Clause. The City of Wheat Ridge hereby finds, determines, and declares that this ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the ordinance bears a rational relation to the proper legislative object sought to be attained. Section 4. Severability; Conflicting Ordinance Repealed. If any section, subsection or clause of the ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 5. Effective Date. This Ordinance shall take effect 15 days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 7 to 0 on this 25th day of February 2019, ordered it published with Public Hearing and consideration on final passage set for Monday, April 8, 2019 at 7:00 o’clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado, and that it takes effect 15 days after final publication. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of _____ to _____, this _____ day of ___________, 2019. SIGNED by the Mayor on this _______ day of _______________, 2019. ______________________________________ Bud Starker, Mayor ATTEST: _______________________________________ Janelle Shaver, City Clerk Approved as to Form _______________________________________ Gerald Dahl, City Attorney 1st publication: February 28, 2019 2nd publication: Wheat Ridge Transcript: Effective Date: Planning Commission 1Case Nos. WZ-18-17, WZ-18-18, WS-18-02 / Ridgetop Village CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: Planning Commission MEETING DATE: February 7, 2019 CASE MANAGER: Lauren Mikulak CASE NO. & NAME: ACTION REQUESTED: WZ-18-17, WZ-18-18 and WS-18-02 / Ridgetop Village Approval of a zone change from Residential-Three (R-3) to Planned Residential Development (PRD) with approval of an associated Outline Development Plan (ODP), Specific Development Plan (SDP), and subdivision plat for the construction of a 38-unit townhome project LOCATION OF REQUEST: 4000, 4042, 4062, and 4066 Upham Street APPLICANT (S): Upham Partners, LLC OWNER (S): Upham Partners, LLC APPROXIMATE AREA: 80,029 square feet or 1.84 acres (net size) PRESENT ZONING: Residential-Three (R-3) COMPREHENSIVE PLAN: Neighborhood ENTER INTO RECORD: (X)CASE FILE & PACKET MATERIALS (X)COMPREHENSIVE PLAN(X) ZONING ORDINANCE (X)DIGITAL PRESENTATION(X) SUBDIVISION REGULATIONS Location Map ATTACHMENT 2 Planning Commission 2 Case Nos. WZ-18-17, WZ-18-18, WS-18-02 / Ridgetop Village JURISDICTION: All notification and posting requirements have been met; therefore, there is jurisdiction to hear this case. I. REQUEST This request is for approval of three related applications for the purpose of developing a 38-unit townhome project. The specific case numbers and applications are: • Case No. WZ-18-17 – Request for approval of a zone change from Residential-Three (R-3) to Planned Residential Development (PRD) with an Outline Development Plan (ODP) • Case No. WZ-18-18 – Request for approval of a Specific Development Plan (SDP), and • Case No. WS-18-02 – Request for approval of a 38-lot major subdivision. Rezoning to a planned development in the City of Wheat Ridge entails approval of two documents. The first 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 document is the Specific Development Plan (SDP), which focuses on specific details of a development such as site design, architecture, landscaping, and drainage design. The SDP must be found to be compliant with the ODP in order to be approved. Section 26-302 of the Municipal Code allows for concurrent or sequential applications for the ODP and SDP, and also allows for concurrent review of the SDP and plat. In this case, the applicant is requesting concurrent review of all three applications: ODP, SDP, and plat (Exhibit 1, Applicant Proposal). All three documents must be reviewed at a public hearing before the Planning Commission who will make its recommendations to City Council. The three documents are inextricably related, and for that reason are presented together in this staff report. Three separate motions are provided. II. EXISTING CONDITIONS/PROPERTY HISTORY The subject property is located on the east side of Upham Street between W. 38th Avenue and W. 44th Avenue. The property is currently comprised of four lots, each containing a single-family home (Exhibit 2, Aerial). The homes are small by contemporary standards and particularly small relative to their respective lots. A summary of conditions is provided in the table below; all data in the table comes from the Jefferson County Assessor. Address Lot Size House Size Year Built Condition 4000 Upham 18,121 sf (0.416 ac) 1,053 sf 1952 Average 4042 Upham 25,439 sf (0.584 ac) 1,240 sf 1928 Fair 4062 Upham 21,780 sf (0.500 ac) 699 sf 1947 Fair 4066 Upham 21,780 sf (0.500 ac) 1,072 sf 1940 Fair The applicant purchased all four lots in mid-2018, and the total size is 1.9 acres. The property is flat and nearly square with 264 feet of frontage on Upham Street and a depth of 308 feet. Planning Commission 3 Case Nos. WZ-18-17, WZ-18-18, WS-18-02 / Ridgetop Village The subject property is zoned Residential-Three (R-3) and is immediately surrounded by residential zoning, including R-2 and R-3 (Exhibit 3, Zoning Map). The R-3 zoning designation allows for single-, two-, or multi-family development up to 12 units per acre. The R-3 district is established to provide high quality, safe, quiet and stable medium to high-density residential neighborhoods, and to prohibit activities of any nature which are incompatible with the medium to high-density residential character Upham Street is ½-mile in length between 38th and 44th Avenues and includes a wide mix of land uses (Exhibit 4, Land Use and Exhibit 5, Site Photos). The subject property is in the middle third of this block. Immediately to the north is a 2½-story apartment building, which was constructed in 1960 and includes 23 units. Further north along Upham are a mix of single-family homes and duplexes as well as the four-story Town Center Apartment buildings at 44th Avenue. Across Upham Street to the west of the subject property are three mid-century apartment complexes and two single-family homes. The densities for the multifamily projects immediately surrounding the subject site range from 20 to 26 units per acre. Those that exceed the City’s maximum 21 dwelling units per acre are considered legally nonconforming because they predate the City’s incorporation. Immediately to the south of the subject property is a single-family home zone R-3. Further south, Upham transitions from a residential neighborhood to mixed use as it approaches 38th Avenue. Land uses include an office building, fire station, Stevens Elementary, and the four-story West End 38 mixed use development. Zoning at the south end of the block is Mixed Use-Neighborhood (MU-N) and Mixed Use-Commercial (MU-C). Behind the subject property to the east is a campus owned by Jeffco Public Schools including Stevens Elementary, Sobesky Academy, and outdoor play fields. The school property is approximately 19 acres in size and extends to Reed Street. III. OUTLINE DEVELOPMENT PLAN Attached is a copy of the proposed Outline Development Plan (ODP) which contains two sheets (Exhibit 6, Outline Development Plan). The first page is a typical cover page with certification and signature blocks for the property owners, and Planning Commission, City Council, and Mayor. Also on the first page is a character of development statement, list of permitted uses, and other standard notes. The second page incudes the conceptual layout of the property, including right-of-way, alley, and open space locations. Development Standards The cover sheet includes the development standards that will govern future development on the site. These are typically expressed as parameters (minimums and maximums) with references to the code sections with which the development will comply. The development standards are summarized here: • Uses – The applicant has proposed a townhome development in which the only permitted primary uses are townhome units and open space. Accessory uses are limited to home occupations and household pets which are customary in all residential zone districts. The ODP prohibits detached accessory structures and RV/boat storage within the development, which is also typical of the City’s more recent PRDs. Planning Commission 4 Case Nos. WZ-18-17, WZ-18-18, WS-18-02 / Ridgetop Village • Maximum Height – The proposed maximum height is 35 feet which is consistent with the maximum height in the City’s residential zone districts. • Maximum Units/Density – The ODP proposes a maximum of 38 townhomes which results in a density of 20.8 dwelling units per acre. Maximum allowable density for a PRD is 21 dwelling units per acre, consistent with the City Charter. • Minimum Setbacks – The ODP proposes to orient townhomes toward Upham Street with a minimum front setback of 15 feet. Side setbacks for the westernmost units along Upham are proposed to be 10 feet, but side setbacks increase to a minimum of 20 feet for the rest of the site. This was intentional to provide additional buffering particularly for the single-family home to the south. Rear setbacks are proposed at a minimum of 5 feet where adjacent to the Jeffco Schools drainage facility. • Parking – The ODP requires that the townhomes are wide enough to accommodate two-car garages for each unit. This is consistent with the R-3 standard which requires spaces based on bedrooms (2 spaces for every 2 or 3 bedroom unit). Additionally, the ODP requires 9 off- street parking spaces. This roughly equates to 1 visitor space for every 8 spaces. This exceeds the typical R-3 standard of 1 visitor space for every 10 parking spaces. • Open Space/Landscaping – The OPD proposes 30% open space which is consistent with R-3 multifamily requirements. R-3 standards do not require that open space be consolidated or amenitized, but the intent of a Planned Development is to provide elevated designs and unique developments. To that end, a unique feature of the ODP is the requirement for a community park in the central portion of the development (labeled as use area B). Additionally, as noted in the character statement, this project is unique in providing fenced, landscaped front yards for all townhome units. Artificial turf in limited areas are permitted in front yards. General planting requirements (eg numbers of shrubs, trees, plant sizes) will comply with the City’s zoning code. • Architecture and Site Design – The character of the project is intended to incorporate contemporary and traditional elements with references to mid-century modern architecture. To that end, the ODP proposes slight modifications to the Architectural and Site Design Manual that correspond with and memorialize this architectural approach. • Code compliance – In all other areas, the project is proposed to comply with the zoning code including related to lighting, signage, fencing, streetscape design, and setback encroachments (eg chimneys, eaves). Conceptual Layout The second sheet of the ODP provides a sketch plan of the development which indicates two access points on Upham, with buildings located along the north, west, and south perimeter of the site. Two access points have been required by the West Metro Fire District, and the internal loop road configuration also meets water district requirements. Because the ODP and SDP are being processed concurrently, the specific site design is further described below in Section V. Planning Commission 5 Case Nos. WZ-18-17, WZ-18-18, WS-18-02 / Ridgetop Village IV. ZONE CHANGE CRITERIA Staff has provided an analysis of the zone change criteria outlined in Section 26-303.D. The Planning Commission shall base its recommendation in consideration of the extent to which the following criteria have been met: 1. The change of zone promotes the health, safety, and general welfare of the community and will not result in a significant adverse effect on the surrounding area. As described above, the proposed development is a compatible land use and density with the surrounding land uses, and the investment provides a new housing type for the area which does not have any townhome development in this block or nearby. The project follows other public and private investments on the nearby 38th Avenue Main Street corridor. The zoning and new housing stock will likely add value. The site design, setbacks, and proposed open space promote will add visual enhancement and appropriate buffering. The Planned Residential Development zoning is expected to have a positive impact on the neighborhood from a property value perspective. The proposed zoning complies with safety and access requirements of the fire district. The project will not result in significant adverse effects on the surrounding area. Staff concludes that this criterion has been met. 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. Most of the proposed development standards comply with the existing R-3 zoning, however because the density exceeds 12 units per acre, the development is not feasible under any straight residential zone district. Because the site exceeds one acre in size, it is only eligible to be rezoned to a mixed use or planned development district. Given the proposed use and surrounding conditions, the PRD zoning is the most appropriate zone change option. Staff concludes that this criterion has been met. 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. All of the service providers and utility districts have indicated that they have no concerns with the proposal and have indicated they can serve the property with improvements installed at the developer’s expense. The width of Upham Street in front of the property is currently substandard, and a right-of-way dedication will be required as part of the subdivision plat. Staff concludes that this criterion has been met. 4. The Planning Commission shall also find that at least one (1) of the following conditions exists: Planning Commission 6 Case Nos. WZ-18-17, WZ-18-18, WS-18-02 / Ridgetop Village 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, is organized around six key values, one of which is to “promote vibrant neighborhoods and an array of housing options.” With single family homes, duplexes, new market-rate apartments, mid-century apartments, and income- and age-restricted apartments; Upham Street already has an incredible diversity of housing options. The provision of a townhome product introduces a complementary option that reflects the key value of the comprehensive plan. Within Envision Wheat Ridge, the Structure Plan map provides high-level guidance for achieving the City’s vision by designating development priorities and future land areas (Exhibit 7, Adopted Plans). The “mixed use town center” designation encompasses the east side of Wadsworth and extends toward Upham Street. The west side of Upham is designated “neighborhood transition” which reflects this close proximity to Wadsworth. The east side of Upham is designated “neighborhood,” and 38th Avenue to the south is designated as a “main street.” This multitude of designations surrounding the subject property, reflect and call for the diversity of land uses on Upham Street. The proposed zone change is consistent with these designations, and the townhome project supports the City’s stated goals of increasing options for homeownership and attracting a range of household types. The comprehensive plan identifies 38th Avenue as a priority reinvestment corridor. To that end, the City’s 38th Avenue Subarea Plan was adopted in 2011. The vision statement for the corridor calls for “a strong identity and robust commercial and residential markets.” The proposed rezoning contributes to a stronger residential market in the area, which in turn attracts a more robust commercial market to the 38th Avenue corridor. The Subarea Plan also identifies a series of sub-districts. The subject property is within the areas denoted as “Downtown Wheat Ridge” and “Wadsworth Town Center” (Exhibit 7, Adopted Plans). These designations call for and recognize a mix of uses and higher intensity development as compared with the “Residential” sub-district and neighborhoods further east. 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 finds no evidence of an error on the official 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 area has long included a mix of housing types, ages, and densities. The proposed zone change responds to the more recent public and private investments that bookend Upham Planning Commission 7 Case Nos. WZ-18-17, WZ-18-18, WS-18-02 / Ridgetop Village Street at 38th and 44th Avenues. The investments and changes complement the diversity of land uses in the area and strengthen the residential market. 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. Staff finds no evidence of an unanticipated need. The proposed zone change responds directly to goals identified in the comprehensive plan. Staff concludes that this criterion is not applicable. Staff concludes that the criteria used to evaluate zone change support this request. V. SPECIFIC DEVELOPMENT PLAN The Specific Development Plan is comprised of 16 sheets and provides details regarding site design, building design, landscaping, and lighting (Exhibit 8, Specific Development Plan). In addition, the SDP includes details on fencing, furnishing, light fixtures, and a utility plan. In addition to standard certification and signature blocks, the site data table on the cover sheet confirms the SDP complies with the development standards provided by the ODP. Key components of the site design are described below and explained in the applicant’s proposal letter (Exhibit 1, Applicant Proposal). Site Design The 38 proposed townhomes are distributed among nine buildings ranging in size from two to six units. There is some variety among unit widths, but all accommodate a standard width two-car garage and all are alley loaded. In addition, all townhomes have front yards, which is a unique feature amid the townhome developments the City has recently reviewed. The yards are enclosed by a low fence and have concrete patios. These are best illustrated in the artistic renderings provided in (Exhibit 9, Renderings). Alleys are arranged in a grid and are designed at the minimum possible width to allow more open space elsewhere on the site and in front yards. The central community park is encircled by specialty paving and visitor parking and also includes bicycle parking, mail kiosks, and benches. Sidewalks extend along the fronts of all units and connect out to a new sidewalk along the Upham Street frontage. These sidewalks are illuminated by downcast bollards and pathway lights (shown on sheets 15 and 16). The project provides 76 garage spaces, 9 off-street visitor spaces (including one accessible space), and 8 on-street spaces. The developer will be responsible for constructing curb, gutter, and attached sidewalk along Upham where none exists today, and the consolidation of four existing driveways to two increases the existing on-street parking by two spaces. On-street parking is common on Upham Street, especially recently throughout the construction of the nearby West End 38 project. The applicant has responded to staff requests to reduce the size of the central park in order to provide off-street spaces. Planning Commission 8 Case Nos. WZ-18-17, WZ-18-18, WS-18-02 / Ridgetop Village Architecture The townhomes are proposed to be three stories in height, and the architectural style is intended to include traditional and contemporary design features with elements of mid-century modern design. The elevations include abundant windows, and variations in the roofline include shed and gable designs. Materials include brick, and horizontal and vertical siding. Colors palettes vary to provide interest among the buildings, including two different bricks and several siding and accent colors. Front elevations have variation in plane depth through offsets in the building façade, recessed entries and window bays, and incorporation of balconies. Publicly visible side and rear elevations, including those adjacent to the central park and Upham also feature enhanced elevations with additional material changes and inset garage doors. The plane changes are best illustrated on SDP sheets 9, 10 and 11. Landscaping The project exceeds the minimum requirements in terms of plant material with 8 street trees along Upham and 42 trees within the site (where only 25 are required by code). Landscape areas include a mix of sod and planting beds. The SDP prescribes the landscaping in the “public” areas including along walking paths, along the perimeter, and within the park. All front yards include patios and landscape beds and may be further customized to include additional patio space or dog-friendly artificial turf. A perimeter fence is proposed along the north, east, and south property lines. Drainage The site is relatively flat and there is no storm sewer in Upham Street, so the applicant has worked closely with Jeffco Public Schools to coordinate shared use of an existing detention facility immediately east of the site on the school district’s property. The school district has provided written consent to this arrangement and an access and maintenance agreement is prepared be executed if the project is approved by the City. The developer will be responsible for slight modifications to the existing detention design to accommodate the additional volume from the townhome project. VI. SDP CRITERIA Staff has provided an analysis of the zone change criteria outlined in Section 26-305.D. The Planning Commission shall base its recommendation in consideration of the extent to which the following criteria have been met: 1. The proposed specific development plan is consistent with the purpose of a planned development as stated in section 26-301 of this article. The purpose of utilizing planned development zoning is to provide flexibility while accommodating well-designed, innovative developments that demonstrate efficient use of land and may not be feasible under a standard zone district. The SDP achieves these goals and proposes a particularly unique townhome development with an emphasis on front yard open space that promotes a neighborhood-like character within the development. Staff concludes this criterion has been met. Planning Commission 9 Case Nos. WZ-18-17, WZ-18-18, WS-18-02 / Ridgetop Village 2. The proposed specific development plan is consistent with the design intent or purpose of the approved outline development plan. The SDP is consistent with the intent and character statements of the outline development plan. Staff concludes this criterion has been met. 3. The proposed uses indicated in the specific development plan are consistent with the uses approved by the outline development plan. The SDP is consistent with the use standards of the outline development plan. Staff concludes this criterion has been met. 4. The site is appropriately designed and is consistent with the development guidelines established in the outline development plan. The SDP is consistent with the development guidelines of the outline development plan in all respects including related to height, density, setbacks, parking, landscaping, lighting, fencing, signage and building design. Staff concludes this criterion has been met. 5. Adequate infrastructure/facilities are available to serve the subject property, or the applicant will upgrade and provide such where they do not exist or are under capacity. All responding agencies have indicated they can serve the property with improvements installed at the developers’ expense. Staff concludes this criterion has been met. 6. The proposed specific development plan is in substantial compliance with the applicable standards set forth in the Architectural and Site Design Manual, Streetscape Design Manual, and other applicable design standards. The SDP is in substantial compliance with the site design and multifamily building design standards of the Architectural and Site Design Manual (chapters 3 and 4.2). These standards relate specifically to pedestrian connectivity, building placement, open space design, façade design, roof forms, building materials, and windows. Because Upham is classified as a local street, the Streetscape Design Manual does not apply, however, the proposed private street trees are consistent with the manual’s guidance relative to these plantings. Staff concludes this criterion has been met. Staff concludes that the criteria used to evaluate the SDP support the request. Planning Commission 10 Case Nos. WZ-18-17, WZ-18-18, WS-18-02 / Ridgetop Village VII. SUBDIVISION PLAT The proposed plat document consists of three pages. The first page includes a legal description of the property; signature blocks for the owner, City, surveyor and County; and standard declarations and notes. The second page includes the proposed lot layout, including lot lines, tracts, and easements (Exhibit 10, Proposed Plat). Lot Configuration The second sheet shows the proposed lot configuration. As noted above the site is nearly square in shape at approximately 264 feet in width and 308 feet in depth. The lot layout corresponds to the SDP with establishment of 38 townhome lots. Because of the proposed yard spaces, the lots are larger than the building footprints, and several lots are irregular in shape or oversized because of additional side yard space (this includes Lots 1, 3, 6, 7, 11, 16, 21, 22, 27, 30, 33, 34, and 38). Neither the ODP, nor the zoning code establish a minimum size or width for attached townhome lots. A plat note on the cover sheet restricts the property from being developed as anything other than townhomes. Tract Configuration A series of nine tracts are established for a variety of purposes in the development. The purpose of each tract is noted in a table on sheet one; they include: • Tracts A, B, D, F, G and H correspond to the locations of sidewalks and/or plantings and are denoted for access. • Tract C corresponds to the alley locations and is denoted for access. • Tract E corresponds to the location of the community park, parking, and loop road and is denoted as such. • Tract I includes the area being dedicated for right-of-way (ROW). When new lots are created through the City’s subdivision process, staff reviews adjacent street improvements to confirm that they meet current roadway standards. Upham is considered to be substandard in width, so the majority of Tract I dedicates 6.5 feet in width. This will enable the developer to provide on-street parking, curb, gutter, and an attached 5-foot sidewalk along the frontage of the project. The southern portion of Tract I is wider and effectively dedicates the eastern half of Upham Street because it was never officially dedicated to the City and has existed as a prescriptive easement. Easements The third sheet of the proposed subdivision shows the easements that traverse the site. Wheat Ridge is not a full-service city, so the applicant has been actively working with utility providers to identify where wet and dry utility service will be located. Water and sanitation easements are shown as coterminous with the internal alleys. These easements will be recorded by separate document but cross-referenced on this sheet in the provided blanks. The applicant is actively working with Xcel designers who requires that appropriate dry utility easements be provided by separate document upon completion of final design. Given that utility coordination is often ongoing through a development process, staff has recommended a standard condition that any additional utility information that is available prior to recordation be updated accordingly on the plat. Drainage easements are provided at the far eastern end of the property where inlet structures convey flows to the offsite detention facility. A note on the cover sheet provides a blanket cross access easement over all tracts within the property boundary, including for alleys, sidewalks and the park. Planning Commission 11 Case Nos. WZ-18-17, WZ-18-18, WS-18-02 / Ridgetop Village Homeowners’ Association Because of the maintenance obligation of tracts, the City typically requires formation of a Homeowners’ Association (HOA). A standard condition of approval requires staff review of HOA covenants to ensure maintenance of common areas and drainage. The applicant has expressed an interest in potentially forming a metropolitan district to serve this function. Formation of such a district would be subject to City Council review and approval. Notes on the cover sheet of the plat allow for either an HOA or metro district. Fees in Lieu of Parkland Pursuant to Section 26-414 of the Code of Laws, parkland dedication is required for all new residential subdivisions. When land is not dedicated for a public park, a fee in lieu of parkland is required. The Parks Department has indicated that fees in lieu of land dedication will be required, and the City adopted fee amount is $2,497.29 per unit. Credit is given for the four pre-existing single family homes, so the total fee owed will be $84,907.86. This fee is required to be paid at the time of plat recording as a condition of approval. VIII. NEIGHBORHOOD MEETING & PUBLIC INPUT Pursuant to Section 26-109 of the Code of Laws, the applicant notified all property owners and residents within 600 feet of the site of the neighborhood meeting. Neighborhood meetings are required prior to submittal of an application for a zone change. The neighborhood input meeting was held on January 16, 2018. Nine members of the public attended the meeting in addition to the applicant and staff. Reactions to the conceptual designs included positive, neutral, and negative comments. Questions were related to site and building design, potential prices, parking, and timing. A full summary of the meeting is attached in Exhibit 11, Neighborhood Meeting Notes. Public noticing is required prior to public hearings, and as of February 1, three letters of support have been submitted. They are attached as Exhibit 12, Public Comment. If any comments are provided prior to the Planning Commission public hearing on February 7, they will be entered into the record and distributed to Commissioners at the public hearing. IX. AGENCY REFERRAL All affected service agencies were contacted for comment on the zone change, ODP, SDP, and subdivision, specifically regarding the ability to serve the property. Referral responses follow: Wheat Ridge Public Works: The ODP, SDP, plat and supporting technical documents have been reviewed and approved. Wheat Ridge Parks & Recreation: Fees in lieu of parkland dedication are required. Wheat Ridge Building Division: No comments provided. Coordination will continue through development. Planning Commission 12 Case Nos. WZ-18-17, WZ-18-18, WS-18-02 / Ridgetop Village West Metro Fire District: Can serve, proposed access and hydrant design is acceptable. Coordination will continue through development. Xcel Energy: Can serve. Utility coordination is ongoing. Century Link: Can serve. Utility coordination is ongoing. Comcast Cable: No comments provided. Utility coordination is ongoing. Wheat Ridge Water District: No comments provided. Utility coordination is ongoing. Wheat Ridge Sanitation District: Can serve. Utility coordination is ongoing. Jeffco Public Schools: Coordination on drainage design is ongoing. X. STAFF CONCLUSIONS AND RECOMMENDATION Regarding the zone change request and Outline Development Plan, Staff concludes that the proposed zone change promotes the health, safety and general welfare of the community and will not result in a significant adverse effect on the surrounding area. Staff further concludes that utility infrastructure is adjacent to and can serve the property at the developer’s expense. Finally, Staff concludes that the zone change is consistent with the goals and objectives of the City’s adopted plans by diversifying housing stock and household types and by providing homeownership opportunities. Because the zone change evaluation criteria support the zone change request, Staff recommends approval of the zone change. Regarding the Specific Development Plan, Staff has concluded that the proposed SDP is consistent with the planned development regulations, with the goals and policies of the City’s guiding documents, and with the proposed ODP. Because the review criteria support the SDP, Staff recommends approval of the Specific Development Plan. Regarding the subdivision plat, Staff concludes that the proposed subdivision is compliant with subdivision regulations (Article VI of the zoning code) and with the proposed zoning regulations. Staff further concludes that the subdivision plat results in a logical lot layout for the proposed development 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 plat with the conditions listed below. Planning Commission 13 Case Nos. WZ-18-17, WZ-18-18, WS-18-02 / Ridgetop Village XI. SUGGESTED MOTIONS – ZONE CHANGE Option A: “I move to recommend APPROVAL of Case No. WZ-18-17, a request for approval of a zone change from Residential-Three to Planned Residential Development with an Outline Development Plan (ODP) for property located at 4000 to 4066 Upham Street, for the following reasons: 1. The proposed zone change will promote the public health, safety, or welfare of the community and does not result in an adverse effect on the surrounding area. 2. The proposed zone change is consistent with the goals and objectives of the City’s Comprehensive Plan. 3. The proposed zoning is consistent with the intent of a planned development, compatible with surrounding land uses, and will result in a high-quality development. 4. The criteria used to evaluate a zone change support the request. Option B: “I move to recommend DENIAL of Case No. WZ-18-17, a request for approval of a zone change from Residential-Three to Planned Residential Development with an Outline Development Plan (ODP) for property located at 4000 to 4066 Upham Street, for the following reasons: 1. 2. …” XII. SUGGESTED MOTIONS – SPECIFIC DEVELOPMENT PLAN Option A: “I move to recommend APPROVAL of Case No. WZ-18-18, a request for approval of a Specific Development Plan on property located at 4000 to 4066 Upham Street, for the following reasons: 1. The specific development plan is consistent with the purpose of a planned development, as stated in Section 26-301 of the Code of Laws. 2. The specific development plan is consistent with the intent and purpose of the outline development plan. 3. The proposed uses are consistent with those approved by the outline development plan. 4. All responding agencies have indicated they can serve the property with improvements installed at the developers’ expense. 5. The specific development plan is in substantial compliance with the applicable standards set forth in the outline development plan and with the City’s adopted design manuals. Option B: “I move to recommend DENIAL of Case No. WZ-18-18, a request for approval of a Specific Development Plan on property located at 4000 to 4066 Upham Street, for the following reasons: 1. 2. …” Planning Commission 14 Case Nos. WZ-18-17, WZ-18-18, WS-18-02 / Ridgetop Village XIII. SUGGESTED MOTIONS – SUBDIVISION Option A: “I move to recommend APPROVAL of Case No. WS-18-02, a request for approval of a 38-lot major subdivision plat for property located at 4000 to 4066 Upham Street, for the following reasons: 1. All requirements of the subdivision regulations have been met. 2. The plat is consistent with zoning on the property. 3. Utility districts can serve the property with improvements installed at the developer’s expense. With the following conditions: 1. Sheet 2 shall be updated prior to the City Council public hearing to remove the existing parcel line between 4062 and 4066 Upham Street. 2. Note 4 shall be updated prior to recordation to indicate the current zoning as PRD. 3. The applicant shall continue to coordinate utility service with the appropriate agencies and any updated information regarding dry utility easements shall be reflected on the plat at recordation. 4. The developer shall enter into a subdivision improvement agreement prior to recordation of the subdivision plat. 5. The developer shall pay parks fees at the time of plat recording in the amount of $84,907.86. 6. The Homeowners’ Association covenants and/or metropolitan district service plan shall be reviewed by Staff prior to issuance of a building permit.” Option B: “I move to recommend DENIAL of Case No. WS-18-02, a request for approval of a 38-lot subdivision plat for property located at 4000 to 4066 Upham Street, for the following reasons: 1. 2. …” Planning Commission 15 Case Nos. WZ-18-17, WZ-18-18, WS-18-02 / Ridgetop Village see attached EXHIBIT 1: APPLICANT PROPOSAL Upham Partners LLC - 4251 Kipling St, Suite 310, Wheat Ridge, CO 80033 January 28, 2019 RidgeTop Village - Development and Project Vision Overview RidgeTop Village is comprised of approximately 1.84 acres, currently zoned R-3. The subject addresses currently include 4 single family detached residential homes built in the 1940’s- 1950’s, and are in poor condition. The adjacent properties to the site include a mix of single story and 2.5 story post World War II apartment style buildings, a few isolated single-family homes, an office building, Stevens Elementary School and West Metro fire station. The general vicinity would best be described as transitional as you move south to 38th Avenue. Our proposal is to build a 38 unit, fee simple town home project that supports the long term redevelopment plans along 38th Avenue, contributes and benefits from the new mixed-use developments currently under construction nearby and is compatible with the surrounding area. The recent influx of both public and private investment near the intersection of Wadsworth and 38th Avenue has recently changed the dynamic to enhance the 38th Avenue corridor. The recently opened “Corners” project and two high density apartment projects under construction are creating a diversity of housing types in the immediate area. The lack of for-sale new home product in the area was a major factor in our decision to purchase the property and pursue the zone change. We felt the time was right to introduce this product to the area. We embraced the City’s vision in reviewing the two major redevelopment plans for the area and recognized there was a dynamic energy along the western portion of 38th Avenue. The project site is just outside the confluence of The 38th Corridor Plan and the Wadsworth Boulevard Redevelopment Plan. Located just north of 38th Avenue and a short drive or walk to Wadsworth Boulevard creates a very unique opportunity to provide a high-density residential project to take advantage of the redeveloping commercial corridors nearby. The site is currently zoned R-3 which promotes medium density land uses. The site is surrounded by other R-3 Zoned parcels and the existing apartment projects have densities similar to the density proposed. This change of zone will enable opportunities for unique live work environments along with nearby shopping and recreation opportunities. The added density allowed under a PRD will help support the nearby commercial uses along 38th and Wadsworth while maintaining the integrity of the adjacent R-3 residential uses. Site Planning During our due diligence and preliminary site planning we discovered that the property naturally surface flows to the east but was eventually impeded by the raised sports fields of Stevens Elementary School. Within these sports fields was an existing storm water detention basin built at the time to accommodate the needs of the school site. We contacted the facilities department for Jeffco School District to investigate the opportunity to accept drainage from our property and received supportive initial feedback. We then did additional engineering studies and worked in conjunction with Jeffco schools to further refine the concept. We have received preliminary approval from Jeffco schools to proceed with the design. The ability to use an off-site stormwater basin resulted in the unique opportunity to create a project with additional open space and building separation all while effectively maximizing the allowable Upham Partners LLC - 4251 Kipling St, Suite 310, Wheat Ridge, CO 80033 density under the PRD Zoning. Having the centrally located park with units flanking the perimeter will create a greater sense of privacy, pride of ownership, and attractive views of the park for many of the units. The units in Buildings 5 and 6 will be the only two buildings directly facing each other. However, that creates a landscaped corridor that leads both physically and visually to the park and the two complement each other very well. The other major feature of RidgeTop Village which is very unique to other town home projects is the addition of a private landscaped yard area for each unit. Buyers are looking for outdoor living space, areas for entertaining, a place for a pet or child to play, and the ability to personalize their space such as a vegetable garden. All while still having a low maintenance requirement. Street Scene The street scene along Upham was one of the most important design features of the project. We originally intended to have a single point of access but during our due diligence and preliminary site planning we were informed that the water districts would require a loop system for this size of a project. That resulted in also having two vehicular points of access to coincide with the water loop. In working with adjacent owners, they were sensitive to not having a roadway against the property lines so we worked to put a duplex on the north and south side of the frontage and a fourplex in the middle. The result is only three buildings, 8 units, and less massing along the street. Having a duplex adjacent to the SFR to the south was determined to be the most compatible building type and creates a very unique street scene that is unique to the rest of the project. Set Backs Careful consideration was given to the building setbacks proposed for the project. The setback along Upham is 15’ and will enhance the pedestrian scale along the street. The setback will contain the low fenced private yards creating a very social environment for pedestrians and residents. At the very initial neighborhood meeting we heard from the homeowners across the street that they did not want a truly urban setting with minimum or zero lot line along Upham. Our north and south setbacks are varied. For the units along Upham only those two duplexes are 10’ from their adjacent Property Line and is constricted to be just the initial 25% of the side Property Line. The remaining 75% of the side Property Line is restricted to have a 20’ setback. This was done to have a more compatible environment to the adjacent neighbors. By having the private yards and common area landscaping we were able to accomplish very attractive buffer to the adjacent owners for privacy and massing concerns. Parking Each townhome includes an attached 2 car garage, there are 9 guest parking spaces centrally located at the center of the project adjacent to the park. The parking along Upham Street is also improved due to the reduction of curb cuts from four to two and increases the amount of on-street parking from currently 6 spaces to 8 spaces. During the SDP review process and working with staff the project evolved to increase the guest parking around the park along with suggested floor plan revisions to the product to effectively make the garages wider and more capable for 2 cars, garbage & recycling bins, and additional storage. The minimum width of the units was increased from 17’ to 20’ wide. Overall parking ratio onsite is 2.24/unit. Upham Partners LLC - 4251 Kipling St, Suite 310, Wheat Ridge, CO 80033 Buyer Profile The target buyer for these units are anticipated to be single professionals, young couples and first time homebuyers. Young families will also consider RidgeTop Village due to the ample on- site open space, private yard area and proximity to the Stevens Middle School. Their buying decisions are based on being a short distance from restaurants and amenities, near transportation corridors and employment centers. Our focus is to also remain affordable to the first-time homebuyer yet offer a slightly larger unit for the money. With the inclusion of the added open space features we feel we will be in strong demand to one of the few for-sale projects in the vicinity. The size of the project will also be attractive as there will be a greater sense of community, pride of ownership, opportunity for block parties and other neighborhood activities. Architectural Design The inspiration to the design of the townhome units came from many nearby examples within Wheat Ridge of Mid-Century Modern architecture. Design features include horizontal design features, shed roof lines, colors, materials, fence details, and front doors. Units will range from 1600 sf to 1790 sf with three distinct floor plans with 2-3 bedrooms. The majority of the units (79%) will be 2 bedrooms with the remaining units 3 bedrooms. There will be a diversity of building types throughout the project with duplex, 4, 5 and 6 plex buildings. To further enhance the variety within the project there are two color schemes proposed with color variations of brick, paint, and roof materials. We feel this will create a more attractive project that does not appear monotonous to those both living in the community and viewing it from Upham Street Private Yards Based on the market research and demographics of the target buyer profile our vision was to create a ground level outdoor living space for each homeowner. The intent was always to go beyond conventional decks and balconies as commonly used in numerous other Townhome projects. We wanted to create a truly private yard that can be furnished, decorated, customized, and used for outdoor living to suit the buyers’ personal needs. A low wooden fence and gate will be installed to physically establish the areas. We intend to offer three pre- selected landscape designs buyers can choose from three pre-determined designs including hardscape, artificial turf, and a more xeriscape option. These yards range in depth from 12-15 feet. We look forward to working with Wheat Ridge’s Planning, Zoning, and Building Departments on this exciting new endeavor. Sincerely, Neil Shea Managing Partner – Upham Partners LLC Planning Commission 17 Case Nos. WZ-18-17, WZ-18-18, WS-18-02 / Ridgetop Village The subject site is located at 4000-4066 Upham Street and is outlined in blue. EXHIBIT 2: AERIAL Planning Commission 18 Case Nos. WZ-18-17, WZ-18-18, WS-18-02 / Ridgetop Village The subject site is located at 4000-4066 Upham Street and is outlined in blue. EXHIBIT 3: ZONING MAP R-2 R-3 MU-N MU-C Planning Commission 19 Case Nos. WZ-18-17, WZ-18-18, WS-18-02 / Ridgetop Village The shading depicts the land use pattern for properties along Upham Street. The subject site is unshaded. EXHIBIT 4: LAND USE PATTERN Public Commercial Multifamily Single-family Planning Commission 20 Case Nos. WZ-18-17, WZ-18-18, WS-18-02 / Ridgetop Village Looking north on Upham Street. The southernmost of the existing homes (4000 Upham) is on the right hand side; all four existing homes are in this image. Looking south on Upham Street with the northernmost of the existing homes visible on the left side. EXHIBIT 5: SITE PHOTOS Planning Commission 21 Case Nos. WZ-18-17, WZ-18-18, WS-18-02 / Ridgetop Village Looking east and northeast from Upham toward the existing 2½-story multifamily apartments immediately north of the subject property. A wooden fence, landscape area and parking lot separate this building from the subject site. The proposed units would be setback a minimum of 10-20 feet from this fence line. Planning Commission 22 Case Nos. WZ-18-17, WZ-18-18, WS-18-02 / Ridgetop Village Panoramic view looking north along Upham from the south side of the site. The existing two story apartments are visible on the left side of the image, and the existing brick single-family home immediately south of the subject site is visible on the right side of the image in the shade. Panoramic view looking north along Upham from the north side of the site. The existing 2½ story brick apartments immediately north of the subject site are visible on the left side of the image, and on the right side are the existing single-storyp multifamily apartments. Planning Commission 23 Case Nos. WZ-18-17, WZ-18-18, WS-18-02 / Ridgetop Village see attached EXHIBIT 6: OUTLINE DEVELOPMENT PLAN AN FOURTH ODP SUBMITTAL003 01.03.2019 PLANNING COMMISSION CERTIFICATION CITY CERTIFICATION i i i . P E R M I T T E D A C C E S S O R Y U S E S : H O M E O C C U P A T I O N S A N D H O U S E H O L D P E T S i v . P R O H I B I T E D A C C E S S O R Y U S E S : A C C E S S O R Y S T R U C T U R E S , R V / B O A T / T R A I L E R S T O R A G E AN FOURTH ODP SUBMITTAL003 01.03.2019 O U T L I N E D E V E L O P M E N T S I T E P L A N O U T L I N E D E V E L O P M E N T S I T E P L A N O U T L I N E D E V E L O P M E N T S I T E P L A N Planning Commission 25 Case Nos. WZ-18-17, WZ-18-18, WS-18-02 / Ridgetop Village This image is an excerpt from the Structure Map within the City’s Comprehensive Plan (2009). The Structure Map provides high-level guidance for achieving the City’s vision by designating development priorities and future land areas. The location of the subject property is denoted by the star. EXHIBIT 7: ADOPTED PLANS Public Neighborhood Buffer Neighborhood Main Street (38th Ave) Primary Commercial Corridor (Wadsworth Blvd) Community Commercial Center Neighborhood Commercial Corridor (44th Ave) Planning Commission 26 Case Nos. WZ-18-17, WZ-18-18, WS-18-02 / Ridgetop Village This image shows the sub-districts identified in the 38th Avenue Corridor Plan (2011) which include districts along Wadsworth, 38th and the surrounding areas. The location of the subject property is again denoted by the star and is within the area designated as “Downtown Wheat Ridge.” Planning Commission 27 Case Nos. WZ-18-17, WZ-18-18, WS-18-02 / Ridgetop Village see attached EXHIBIT 8: SPECIFIC DEVELOPMENT PLAN N OWNER'S CERTIFICATECOUNTY CLERK AND RECORDERS CERTIFICATESURVEYOR'S CERTIFICATEPLANNING COMMISSION CERTIFICATION CITY CERTIFICATION Z O N I N G L A N D U S E R E Q U I R E D P R O V I D E D M A X I M U M B U I L D I N G H E I G H T M I N I M U M F R O N T S E T B A C K M I N I M U M S I D E S E T B A C K M I N I M U M R E A R S E T B A C K M A X I M U M D E N S I T Y M I N I M U M O P E N S P A C E P A R K I N G R E Q U I R E D P E R 1 , 2 , O R 3 B E D R O O M R E S I D E N C E V I S I T O R P A R K I N G S P A C E S B I C Y C L E P A R K I N G S I T E D A T A T A B L E O F N O T F O R C O N S T R U C T I O N RIDGETOP VI L L A G E P L A N N E D R E S I D E N T I A L D E V E L O P M E N T 1 6 C O V E R S H E E T 01/03/20194TH SDP SUBMITTAL003 12/10/2018 09/24/2018 08/20/2018 3RD SDP SUBMITTAL 2ND SDP SUBMITTAL 1ST SDP SUBMITTAL 002 001 000 U P 1 8 0 1 0 8 / 2 0 / 2 0 1 8 C W K J S D JESSE DONOVAN, P.E. (720-504-8629) WHEAT RIDGE, CO 80033 4000, 4042, 4062, 4066 UPHAM STREET RIDGETOP VILLAGE 1 SPECIFIC DEVELOPMENT PLAN S H E E T I N D E X S H E E T N U M B E R S H E E T T I T L E ” ” ” ” ” ” ” C A S E H I S T O R Y W Z - 1 8 - 1 7 W Z - 1 8 - 1 8 W S - 1 8 - 0 2 T O T A L A R E A [ A C R E S / S Q . F T . ] G R O S S [ A C R E S / S Q . F T . ] N E T S Q . F T . P E R C E N T ( % ) N E T L O T A R E A B U I L D I N G C O V E R A G E L A N D S C A P E / O P E N S P A C E * H A R D S U R F A C E L O T C O V E R A G E Z O N I N G L A N D U S E R E Q U I R E D P R O V I D E D M A X I M U M B U I L D I N G H E I G H T M I N I M U M F R O N T S E T B A C K M I N I M U M S I D E S E T B A C K M I N I M U M R E A R S E T B A C K M A X I M U M D E N S I T Y M I N I M U M O P E N S P A C E P A R K I N G R E Q U I R E D P E R 1 , 2 , O R 3 B E D R O O M R E S I D E N C E V I S I T O R P A R K I N G S P A C E S B I C Y C L E P A R K I N G S I T E D A T A T A B L E T O T A L A R E A [ A C R E S / S Q . F T . ] G R O S S [ A C R E S / S Q . F T . ] N E T S Q . F T . P E R C E N T ( % ) N E T L O T A R E A B U I L D I N G C O V E R A G E L A N D S C A P E / O P E N S P A C E * H A R D S U R F A C E L O T C O V E R A G E BUILDING 1TWO UNITS34' x 40.9' B U I L D I N G 2 F O U R U N I T S 8 3 . 0 ' x 3 4 ' B U I L D I N G 3 F I V E U N I T S 1 0 3 . 0 ' x 3 4 ' B U I L D I N G 5 S I X U N I T S 1 2 3 . 0 ' x 3 4 ' BUILDING 4FOUR UNITS34' x 85.1' B U I L D I N G 6 S I X U N I T S 1 2 3 . 0 ' x 3 4 ' BUILDING 7TWO UNITS34' x 40.9' B U I L D I N G 8 F O U R U N I T S 8 3 . 0 ' x 3 4 ' B U I L D I N G 9 F I V E U N I T S 1 0 3 . 0 ' x 3 4 ' A A O F N O T F O R C O N S T R U C T I O N RIDGETOP VI L L A G E P L A N N E D R E S I D E N T I A L D E V E L O P M E N T L E G E N D 1 6 S I T E P L A N 01/03/20194TH SDP SUBMITTAL003 12/10/2018 09/24/2018 08/20/2018 3RD SDP SUBMITTAL 2ND SDP SUBMITTAL 1ST SDP SUBMITTAL 002 001 000 U P 1 8 0 1 0 8 / 2 0 / 2 0 1 8 C W K J S D JESSE DONOVAN, P.E. (720-504-8629) WHEAT RIDGE, CO 80033 4000, 4042, 4062, 4066 UPHAM STREET RIDGETOP VILLAGE 2 SPECIFIC DEVELOPMENT PLAN N U P H A M S T R E E T S E C T I O N S E C T I O N A - A L E G E N D N O F N O T F O R C O N S T R U C T I O N RIDGETOP VI L L A G E P L A N N E D R E S I D E N T I A L D E V E L O P M E N T 1 6 U T I L I T Y P L A N 01/03/20194TH SDP SUBMITTAL003 12/10/2018 09/24/2018 08/20/2018 3RD SDP SUBMITTAL 2ND SDP SUBMITTAL 1ST SDP SUBMITTAL 002 001 000 U P 1 8 0 1 0 8 / 2 0 / 2 0 1 8 C W K J S D JESSE DONOVAN, P.E. (720-504-8629) WHEAT RIDGE, CO 80033 4000, 4042, 4062, 4066 UPHAM STREET RIDGETOP VILLAGE 3 SPECIFIC DEVELOPMENT PLAN FRONT (UPHAM)REAR SIDE 'A' (NORTH) SIDE 'B' (SOUTH) 1 2 3 7 8 9 5 6 4 ELEVATION - BUILDING 1 & 7, SIDE 'A' (NORTH) ELEVATION - BUILDING 1 & 7, SIDE 'B' (SOUTH) ELEVATION - BUILDING 1 & 7, FRONT (UPHAM) ELEVATION - BUILDING 1 & 7, REAR SCALE: 1/8" = 1" - 0" SCALE: 1/8" = 1" - 0" SCALE: 1/8" = 1" - 0" SCALE: 1/8" = 1" - 0" LAP SIDING (L1) BRICK BASE (B1); SILL & HEADER BELT COURSES, ALL SIDES VINYL WINDOW, TYP. DETACHED BALCONY & RAILING GABLE & SHED ROOF, ASPHALT SHINGLE (R1) PAINTED SOFFITS LAP SIDING (L2) RECESSED ENTRY BANDING & TRIM, PTD. LAP SIDING (L3) LAP SIDING (L2) BRICK BASE (B1); SILL & HEADER BELT COURSES, ALL SIDES VINYL WINDOW, TYP. GABLE & SHED ROOF, ASPHALT SHINGLE, (R1) PAINTED SOFFITS BANDING & TRIM, PTD. LAP SIDING (L3) LAP SIDING (L1) BAY BALCONY ABOVE EDGE OF PATIO OF 16 COVER SHEET 12 / 0 5 / 2 0 1 8 09 / 2 4 / 2 0 1 8 08 / 2 0 / 2 0 1 8 3R D S D P S U B M I T T A L 2N D S D P S U B M I T T A L 1S T S D P S U B M I T T A L 00 2 00 1 00 0 JE S S E D O N O V A N , P . E . ( 7 2 0 - 5 0 4 - 8 6 2 9 ) WH E A T R I D G E , C O 8 0 0 3 3 40 0 0 , 4 0 4 2 , 4 0 6 2 , 4 0 6 6 U P H A M S T R E E T RI D G E T O P V I L L A G E SP E C I F I C D E V E L O P M E N T P L A N Ar c h i t e c t : WW W . H A N G A R 4 1 . C O M Ar c h i t e c t : WW W . H A N G A R 4 1 . C O M Ar c h i t e c t : WW W . H A N G A R 4 1 . C O M Ar c h i t e c t : WW W . H A N G A R 4 1 . C O M MCJ AP 4 MATERIAL COVERAGES (PER ELEVATION) BRICK: 30% MIN. COVERAGE. *INCLUDES BELT COURSING AT BOTH SILL AND HEAD HT. LAP SIDING: 60% MAX. COVERAGE. *INCLUDES 2 COLORS & 2 SIZE/ORIENTATION VARIATIONS PER ELEV. MIN. OPENINGS: 35-40% ON ENTRY AND GARAGE FACADES (DOMINANT BUILDING LENGTHS) 15% MIN. ON BUILDING SIDES (MAJORITY OF LEVEL 1 IS GARAGE WALL) 12 / 1 0 / 2 0 1 8 00 3 01 / 0 3 / 2 0 1 9 4T H S D P S U B M I T T A L ARCHITECTURAL ELEVATIONS FRONT REAR SIDE 'A'SIDE 'B' 1 2 3 7 8 9 5 6 4 ELEVATION - BUILDINGS 2 & 8, FRONTSCALE: 1/8" = 1" - 0"ELEVATION - BUILDINGS 2 & 8, SIDE 'A'SCALE: 1/8" = 1" - 0" ELEVATION - BUILDINGS 2 & 8, REARSCALE: 1/8" = 1" - 0"ELEVATION - BUILDINGS 2 & 8, SIDE 'B'SCALE: 1/8" = 1" - 0" LAP SIDING (L2) BRICK BASE (B1); SILL & HEADER BELT COURSES, ALL SIDES VINYL WINDOW, TYP. DETACHED BALCONY & RAILING GABLE & SHED ROOF, ASPHALT SHINGLE (R1) PAINTED SOFFITS LAP SIDING (L2) LAP SIDING (L1)RECESSED ENTRY BAYS BANDING & TRIM, PTD. LAP SIDING (L3) LAP SIDING (L2) BRICK BASE (B1); SILL & HEADER BELT COURSES, ALL SIDES VINYL WINDOW, TYP. GABLE & SHED ROOF, ASPHALT SHINGLE, (R1) PAINTED SOFFITS BANDING & TRIM, PTD. LAP SIDING (L3) LAP SIDING (L2) RECESSED BAY, L2-L3 LAP SIDING (L3) LAP SIDING (L1) BALCONY ABOVE EDGE OF PATIO BALCONY ABOVE EDGE OF PATIO OF 16 COVER SHEET 12 / 0 5 / 2 0 1 8 09 / 2 4 / 2 0 1 8 08 / 2 0 / 2 0 1 8 3R D S D P S U B M I T T A L 2N D S D P S U B M I T T A L 1S T S D P S U B M I T T A L 00 2 00 1 00 0 JE S S E D O N O V A N , P . E . ( 7 2 0 - 5 0 4 - 8 6 2 9 ) WH E A T R I D G E , C O 8 0 0 3 3 40 0 0 , 4 0 4 2 , 4 0 6 2 , 4 0 6 6 U P H A M S T R E E T RI D G E T O P V I L L A G E SP E C I F I C D E V E L O P M E N T P L A N Ar c h i t e c t : WW W . H A N G A R 4 1 . C O M Ar c h i t e c t : WW W . H A N G A R 4 1 . C O M Ar c h i t e c t : WW W . H A N G A R 4 1 . C O M Ar c h i t e c t : WW W . H A N G A R 4 1 . C O M MCJ AP 5 MATERIAL COVERAGES (PER ELEVATION) BRICK: 30% MIN. COVERAGE. *INCLUDES BELT COURSING AT BOTH SILL AND HEAD HT. LAP SIDING: 60% MAX. COVERAGE. *INCLUDES 2 COLORS & 2 SIZE/ORIENTATION VARIATIONS PER ELEV. MIN. OPENINGS: 35-40% ON ENTRY AND GARAGE FACADES (DOMINANT BUILDING LENGTHS) 15% MIN. ON BUILDING SIDES (MAJORITY OF LEVEL 1 IS GARAGE WALL) 12 / 1 0 / 2 0 1 8 00 3 01 / 0 3 / 2 0 1 9 4T H S D P S U B M I T T A L ARCHITECTURAL ELEVATIONS FRONT REAR SIDE 'A'SIDE 'B' 1 2 3 7 8 9 5 6 4 ELEVATION - BUILDINGS 3 & 9, FRONTSCALE: 1/8" = 1" - 0" ELEVATION - BUILDINGS 3 & 9, REARSCALE: 1/8" = 1" - 0" ELEVATION - BUILDINGS 3 & 9, SIDE 'A'SCALE: 1/8" = 1" - 0" ELEVATION - BUILDINGS 3 & 9, SIDE 'B'SCALE: 1/8" = 1" - 0" LAP SIDING (L5) BRICK BASE (B2); SILL & HEADER BELT COURSES, ALL SIDES VINYL WINDOW, TYP. DETACHED BALCONY & RAILING GABLE & SHED ROOF, ASPHALT SHINGLE (R2) PAINTED SOFFITS LAP SIDING (L5) LAP SIDING (L4)RECESSED ENTRY BAYS BANDING & TRIM, PTD. LAP SIDING (L3) LAP SIDING (L5) BRICK BASE (B2); SILL & HEADER BELT COURSES, ALL SIDES VINYL WINDOW, TYP. GABLE & SHED ROOF, ASPHALT SHINGLE, (R2) PAINTED SOFFITS BANDING & TRIM, PTD. LAP SIDING (L3) LAP SIDING (L5) RECESSED BAY, L2-L3 LAP SIDING (L3) LAP SIDING (L4) B A L C O N Y A B O V E E D G E O F P A T I O BALCONY ABOVE EDGE OF PATIO OF 16 COVER SHEET 12 / 0 5 / 2 0 1 8 09 / 2 4 / 2 0 1 8 08 / 2 0 / 2 0 1 8 3R D S D P S U B M I T T A L 2N D S D P S U B M I T T A L 1S T S D P S U B M I T T A L 00 2 00 1 00 0 JE S S E D O N O V A N , P . E . ( 7 2 0 - 5 0 4 - 8 6 2 9 ) WH E A T R I D G E , C O 8 0 0 3 3 40 0 0 , 4 0 4 2 , 4 0 6 2 , 4 0 6 6 U P H A M S T R E E T RI D G E T O P V I L L A G E SP E C I F I C D E V E L O P M E N T P L A N Ar c h i t e c t : WW W . H A N G A R 4 1 . C O M Ar c h i t e c t : WW W . H A N G A R 4 1 . C O M Ar c h i t e c t : WW W . H A N G A R 4 1 . C O M Ar c h i t e c t : WW W . H A N G A R 4 1 . C O M MCJ AP 6 MATERIAL COVERAGES (PER ELEVATION) BRICK: 30% MIN. COVERAGE. *INCLUDES BELT COURSING AT BOTH SILL AND HEAD HT. LAP SIDING: 60% MAX. COVERAGE. *INCLUDES 2 COLORS & 2 SIZE/ORIENTATION VARIATIONS PER ELEV. MIN. OPENINGS: 35-40% ON ENTRY AND GARAGE FACADES (DOMINANT BUILDING LENGTHS) 15% MIN. ON BUILDING SIDES (MAJORITY OF LEVEL 1 IS GARAGE WALL) 12 / 1 0 / 2 0 1 8 00 3 01 / 0 3 / 2 0 1 9 4T H S D P S U B M I T T A L ARCHITECTURAL ELEVATIONS FRONT (UPHAM)REAR SIDE 'A' (NORTH) SIDE 'B' (SOUTH) 1 2 3 7 8 9 5 6 4 ELEVATION - BUILDING 4, FRONT (UPHAM)SCALE: 1/8" = 1" - 0" ELEVATION - BUILDING 4, REARSCALE: 1/8" = 1" - 0" ELEVATION - BUILDING 4, SIDE 'A' (NORTH)SCALE: 1/8" = 1" - 0" ELEVATION - BUILDING 4, SIDE 'B' (SOUTH)SCALE: 1/8" = 1" - 0" LAP SIDING (L5) BRICK BASE (B2); SILL & HEADER BELT COURSES, ALL SIDES VINYL WINDOW, TYP. DETACHED BALCONY & RAILING GABLE & SHED ROOF, ASPHALT SHINGLE (R2) PAINTED SOFFITS BANDING & TRIM, PTD. LAP SIDING (L3) LAP SIDING (L5) BRICK BASE (B2); SILL & HEADER BELT COURSES, ALL SIDES VINYL WINDOW, TYP. GABLE & SHED ROOF, ASPHALT SHINGLE, (R2) PAINTED SOFFITS BANDING & TRIM, PTD. LAP SIDING (L3) LAP SIDING (L5) LAP SIDING (L4)RECESSED ENTRY BAYS LAP SIDING (L5) RECESSED BAY, L2-L3 LAP SIDING (L3) LAP SIDING (L4) EDGE OF PATIO EDGE OF PATIO OF 16 COVER SHEET 12 / 0 5 / 2 0 1 8 09 / 2 4 / 2 0 1 8 08 / 2 0 / 2 0 1 8 3R D S D P S U B M I T T A L 2N D S D P S U B M I T T A L 1S T S D P S U B M I T T A L 00 2 00 1 00 0 JE S S E D O N O V A N , P . E . ( 7 2 0 - 5 0 4 - 8 6 2 9 ) WH E A T R I D G E , C O 8 0 0 3 3 40 0 0 , 4 0 4 2 , 4 0 6 2 , 4 0 6 6 U P H A M S T R E E T RI D G E T O P V I L L A G E SP E C I F I C D E V E L O P M E N T P L A N Ar c h i t e c t : WW W . H A N G A R 4 1 . C O M Ar c h i t e c t : WW W . H A N G A R 4 1 . C O M Ar c h i t e c t : WW W . H A N G A R 4 1 . C O M Ar c h i t e c t : WW W . H A N G A R 4 1 . C O M MCJ AP 7 MATERIAL COVERAGES (PER ELEVATION) BRICK: 30% MIN. COVERAGE. *INCLUDES BELT COURSING AT BOTH SILL AND HEAD HT. LAP SIDING: 60% MAX. COVERAGE. *INCLUDES 2 COLORS & 2 SIZE/ORIENTATION VARIATIONS PER ELEV. MIN. OPENINGS: 35-40% ON ENTRY AND GARAGE FACADES (DOMINANT BUILDING LENGTHS) 15% MIN. ON BUILDING SIDES (MAJORITY OF LEVEL 1 IS GARAGE WALL) 12 / 1 0 / 2 0 1 8 00 3 01 / 0 3 / 2 0 1 9 4T H S D P S U B M I T T A L ARCHITECTURAL ELEVATIONS FRONT REAR SIDE 'A'SIDE 'B' 1 2 3 7 8 9 5 6 4 ELEVATION - BUILDINGS 5 & 6, FRONTSCALE: 1/8" = 1" - 0"ELEVATION - BUILDINGS 5 & 6, SIDE 'A'SCALE: 1/8" = 1" - 0" ELEVATION - BUILDINGS 5 & 6, REARSCALE: 1/8" = 1" - 0"ELEVATION - BUILDINGS 5 & 6, SIDE 'B'SCALE: 1/8" = 1" - 0" LAP SIDING (L2) BRICK BASE (B1); SILL & HEADER BELT COURSES, ALL SIDES VINYL WINDOW, TYP. DETACHED BALCONY & RAILING GABLE & SHED ROOF, ASPHALT SHINGLE (R1) PAINTED SOFFITS BANDING & TRIM, PTD. LAP SIDING (L3) LAP SIDING (L2) BRICK BASE (B1); SILL & HEADER BELT COURSES, ALL SIDES VINYL WINDOW, TYP. GABLE & SHED ROOF, ASPHALT SHINGLE, (R1) PAINTED SOFFITS BANDING & TRIM, PTD. LAP SIDING (L3) LAP SIDING (L2) LAP SIDING (L1)RECESSED ENTRY BAYS LAP SIDING (L2) RECESSED BAY, L2-L3 LAP SIDING (L3) LAP SIDING (L1) BALCONY ABOVE EDGE OF PATIO OF 16 COVER SHEET 12 / 0 5 / 2 0 1 8 09 / 2 4 / 2 0 1 8 08 / 2 0 / 2 0 1 8 3R D S D P S U B M I T T A L 2N D S D P S U B M I T T A L 1S T S D P S U B M I T T A L 00 2 00 1 00 0 JE S S E D O N O V A N , P . E . ( 7 2 0 - 5 0 4 - 8 6 2 9 ) WH E A T R I D G E , C O 8 0 0 3 3 40 0 0 , 4 0 4 2 , 4 0 6 2 , 4 0 6 6 U P H A M S T R E E T RI D G E T O P V I L L A G E SP E C I F I C D E V E L O P M E N T P L A N Ar c h i t e c t : WW W . H A N G A R 4 1 . C O M Ar c h i t e c t : WW W . H A N G A R 4 1 . C O M Ar c h i t e c t : WW W . H A N G A R 4 1 . C O M Ar c h i t e c t : WW W . H A N G A R 4 1 . C O M MCJ AP 8 MATERIAL COVERAGES (PER ELEVATION) BRICK: 30% MIN. COVERAGE. *INCLUDES BELT COURSING AT BOTH SILL AND HEAD HT. LAP SIDING: 60% MAX. COVERAGE. *INCLUDES 2 COLORS & 2 SIZE/ORIENTATION VARIATIONS PER ELEV. MIN. OPENINGS: 35-40% ON ENTRY AND GARAGE FACADES (DOMINANT BUILDING LENGTHS) 15% MIN. ON BUILDING SIDES (MAJORITY OF LEVEL 1 IS GARAGE WALL) 12 / 1 0 / 2 0 1 8 00 3 01 / 0 3 / 2 0 1 9 4T H S D P S U B M I T T A L ARCHITECTURAL ELEVATIONS PERSPECTIVE - VIEW N.E. FROM UPHAMNTS PERSPECTIVE - VIEW EAST FROM UPHAMNTS OF 16 COVER SHEET 12 / 0 5 / 2 0 1 8 09 / 2 4 / 2 0 1 8 08 / 2 0 / 2 0 1 8 3R D S D P S U B M I T T A L 2N D S D P S U B M I T T A L 1S T S D P S U B M I T T A L 00 2 00 1 00 0 JE S S E D O N O V A N , P . E . ( 7 2 0 - 5 0 4 - 8 6 2 9 ) WH E A T R I D G E , C O 8 0 0 3 3 40 0 0 , 4 0 4 2 , 4 0 6 2 , 4 0 6 6 U P H A M S T R E E T RI D G E T O P V I L L A G E SP E C I F I C D E V E L O P M E N T P L A N Ar c h i t e c t : WW W . H A N G A R 4 1 . C O M Ar c h i t e c t : WW W . H A N G A R 4 1 . C O M Ar c h i t e c t : WW W . H A N G A R 4 1 . C O M Ar c h i t e c t : WW W . H A N G A R 4 1 . C O M MCJ AP 9 12 / 1 0 / 2 0 1 8 00 3 01 / 0 3 / 2 0 1 9 4T H S D P S U B M I T T A L ARCHITECTURAL PERSPECTIVES PERSPECTIVE - VIEW EAST FROM THE CENTRAL PARK NTS OF 16 COVER SHEET 12 / 0 5 / 2 0 1 8 09 / 2 4 / 2 0 1 8 08 / 2 0 / 2 0 1 8 3R D S D P S U B M I T T A L 2N D S D P S U B M I T T A L 1S T S D P S U B M I T T A L 00 2 00 1 00 0 JE S S E D O N O V A N , P . E . ( 7 2 0 - 5 0 4 - 8 6 2 9 ) WH E A T R I D G E , C O 8 0 0 3 3 40 0 0 , 4 0 4 2 , 4 0 6 2 , 4 0 6 6 U P H A M S T R E E T RI D G E T O P V I L L A G E SP E C I F I C D E V E L O P M E N T P L A N Ar c h i t e c t : WW W . H A N G A R 4 1 . C O M Ar c h i t e c t : WW W . H A N G A R 4 1 . C O M Ar c h i t e c t : WW W . H A N G A R 4 1 . C O M Ar c h i t e c t : WW W . H A N G A R 4 1 . C O M MCJ AP 10 12 / 1 0 / 2 0 1 8 00 3 01 / 0 3 / 2 0 1 9 4T H S D P S U B M I T T A L ARCHITECTURAL PERSPECTIVES PERSPECTIVE - VIEW NORTHWEST ACROSS THE CENTRAL PARK NTS OF 16 COVER SHEET 12 / 0 5 / 2 0 1 8 09 / 2 4 / 2 0 1 8 08 / 2 0 / 2 0 1 8 3R D S D P S U B M I T T A L 2N D S D P S U B M I T T A L 1S T S D P S U B M I T T A L 00 2 00 1 00 0 JE S S E D O N O V A N , P . E . ( 7 2 0 - 5 0 4 - 8 6 2 9 ) WH E A T R I D G E , C O 8 0 0 3 3 40 0 0 , 4 0 4 2 , 4 0 6 2 , 4 0 6 6 U P H A M S T R E E T RI D G E T O P V I L L A G E SP E C I F I C D E V E L O P M E N T P L A N Ar c h i t e c t : WW W . H A N G A R 4 1 . C O M Ar c h i t e c t : WW W . H A N G A R 4 1 . C O M Ar c h i t e c t : WW W . H A N G A R 4 1 . C O M Ar c h i t e c t : WW W . H A N G A R 4 1 . C O M MCJ AP 11 12 / 1 0 / 2 0 1 8 00 3 01 / 0 3 / 2 0 1 9 4T H S D P S U B M I T T A L ARCHITECTURAL PERSPECTIVES SOD 90 / 10 Fescue/Bluegrass Mix 1.ALL LOW PERENNIAL AND GROUNDCOVER PLANTING AREAS SHALL BE MULCHED WITH SHREDDED WESTERN RED CEDAR WOOD MULCH, AT A DEPTH OF 3". WEED BARRIER FABRIC IS NOT REQUIRED UNDER WOOD MULCH. 2. ALL PLANTING BED AREAS NOT DESIGNATED AS COBBLE SHALL BE MULCHED WITH 1-1/2" DARK GRAY ANGULAR GRANITE, AT A DEPTH OF 3", INSTALLED OVER PERMEABLE WEED BARRIER FABRIC. DO NOT INSTALL EDGING BETWEEN WOOD MULCH AND ROCK MULCH AREAS. 3. ALL PLANTING BED AREA DESIGNATED AS COBBLE SHALL BE MULCHED WITH 5-10" NATURAL GRAY COBBLE OVER PERMEABLE WEED BARRIER FABRIC. FILL IN GAPS WITH 3/4" ROCK MULCH OR PEA GRAVEL OF SIMILAR COLOR TO COBBLE SO THAT NO FABRIC IS VISIBLE 4. SOD EDGER SHALL BE 14 GAUGE ROLLED TOP STEEL EDGING (DARK GREEN COLOR) IN THE LOCATIONS SHOWN ON THE PLANS. EDGER IS NOT REQUIRED WHERE SOD ABUTS CONCRETE. 5. ALL AREAS TO BE LANDSCAPED SHALL HAVE ORGANIC AMENDMENTS THOROUGHLY INCORPORATED INTO THE SOIL AT A RATE OF 5 CUBIC YARDS PER 1,000 SQUARE FEET, AND TILLED TO A DEPTH OF 6 INCHES. 6. ALL SOD AREAS, BED AREAS, AND LANDSCAPE AREAS SHALL BE FINE GRADED PRIOR TO INSTALLATION OF NEW PLANT MATERIAL. ROCKS, WOOD, AND ANY MATERIAL LARGER THAN 1" IN DIAMETER SHALL BE REMOVED FROM ALL PLANTING AREAS PRIOR TO SODDING AND PLANTING NEW MATERIALS. 7. EXISTING TURF, SHRUBS, TREES, AND PLANT MATERIAL TO BE REMOVED SHALL BE FULLY REMOVED FROM THE SITE, INCLUDING ALL ROOTS. 8. ALL LANDSCAPED AREAS SHALL BE WATERED BY A FULLY AUTOMATIC UNDERGROUND IRRIGATION SYSTEM. 9. SOD AREAS SHALL BE ZONED SEPARATELY THAN BEDS, AND SHALL BE IRRIGATED VIA POP-UP SPRAY HEADS PROVIDING FULL (HEAD TO HEAD) COVERAGE. HEADS SHALL BE COMMERCIAL GRADE WITH REPLACEABLE NOZZLES, PRESSURE REGULATORS, AND CHECK VALVES. 10. BED AREAS SHALL BE ZONED SEPARATELY THAN SOD AREAS, AND SHALL BE IRRIGATED BY INDIVIDUAL DRIP EMITTERS TO EACH PLANT. DRIP COMPONENTS SHALL BE COMMERCIAL GRADE RAIN-BIRD OR EQUAL POINT SOURCE EMITTERS, WITH ALL PLANTS RECEIVING IRRIGATION. GENERAL LANDSCAPE NOTES OF NOT FOR CONSTRUCTION A PART OF THE SOUTHEAST QUARTER OF SECTION 23, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN, CITY OF WHEATRIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO RIDGETOP VILLAGE PLANNED RESIDENTIAL DEVELOPMENT 16 01 / 0 3 / 2 0 1 9 4T H S D P S U B M I T T A L 00 3 12 / 1 0 / 2 0 1 8 09 / 2 4 / 2 0 1 8 08 / 2 0 / 2 0 1 8 3R D S D P S U B M I T T A L 2N D S D P S U B M I T T A L 1S T S D P S U B M I T T A L 00 2 00 1 00 0 18035 08/20/2018 JG MC MA T T C O R R I O N , P L A ( 3 0 3 ) 9 9 3 - 4 8 1 1 WH E A T R I D G E , C O 8 0 0 3 3 40 0 0 , 4 0 4 2 , 4 0 6 2 , 4 0 6 6 U P H A M S T R E E T RI D G E T O P V I L L A G E SP E C I F I C D E V E L O P M E N T P L A N DESCRIPTION REQ.PROVIDED LOT SIZE 82,849 SF MINIMUM OPEN SPACE (30%) 24,855 SF (34%) 28,083 SF PUBLIC N/A (19%) 15,586 SF USABLE N/A (42%) 6,541 SF - SOD N/A (25%) 1,606 SF - HARDSCAPE N/A (75%) 4,935 SF PRIVATE N/A (15%) 12,497 SF USABLE N/A (42 - 80%) 5,239 - 9,998 SF - SOD N/A (0%) 0 SF - HARDSCAPE N/A (100%) 5,239 - 9,998 SF SITE AREA CALCULATIONS DESCRIPTION REQ. MINIMUM PROVIDED TREE (24,855 / 1,000) x 1 25 TREES 42 TREES SHRUBS (24,855 / 1,000) x 10 249 SHRUBS 283 SHRUBS PUBLIC 169 SHRUBS *PRIVATE 114+ (MIN. 3 / YARD) TOTAL LANDSCAPING CALCULATIONS DESCRIPTION REQ.PROVIDED UPHAM STREET - 213 LF (213 LF / 30) x 1 TREE 7 8 TREES STREETSCAPE CALCULATIONS LANDSCAPE PLANT LIST LANDSCAPE NOTES AND PLANT LIST 12 - FOR R E V I E W - - NOT F O R C O N S T R U C T I O N - OF NOTE: * PRIVATE YARD SHRUB LOCATIONS AND SPECIES T.B.D., SEE YARD EXHIBIT FOR DETAILS (DETAIL E, SHEET 14) 1. NO SUBSTITUTIONS WILL BE ALLOWED WITHOUT APPROVAL FROM THE LANDSCAPE ARCHITECT. VARIETIES HAVE BEEN CHOSEN FOR THEIR SPECIFIC CHARACTERISTICS. 2. CONTACT LANDSCAPE ARCHITECT, OR OWNERS REPRESENTATIVE AT LEAST 48 HOURS PRIOR TO TAGGING PLANT MATERIALS FOR THE PROJECT, TO CONFIRM WHETHER OR NOT LANDSCAPE ARCHITECT WANTS TO BE PRESENT TO SELECT ANY OF THE PLANT MATERIAL FOR THE PROJECT. 3. REQUIREMENTS FOR MEASUREMENTS, GRADING, BRANCHING, QUALITY, AND THE BALLING AND BURLAPPING OF PLANTS LISTED IN THE PLANT LIST SHALL FOLLOW THE CURRENT ISSUE OF AMERICAN STANDARD FOR NURSERY STOCK ISSUED BY THE AMERICAN ASSOCIATION OF NURSERYMEN, INC. (ANSI-Z 60.1, OR MOST CURRENT PUBLICATION). 4. PLANTS SHALL MEET OR EXCEED THE MEASUREMENTS SPECIFIED IN THE PLANT LIST, WHICH ARE MINIMUM ACCEPTABLE SIZES. 5. ALL MATERIALS SHALL BE SUBJECT TO INSPECTION AND APPROVAL. THE LANDSCAPE ARCHITECT RESERVES THE RIGHT TO REJECT WORK AND MATERIALS THAT THE LANDSCAPE ARCHITECT FEELS DO NOT MEET THESE SPECIFICATIONS, PRIOR TO FINAL ACCEPTANCE. 6. PLANTS ARE TO BE PROTECTED FROM WEATHER AND SUN WHEN BEING STORED AT THE SITE. KEEP ROOTS MOIST AT ALL TIMES. 7. EACH PLANT SHALL BE IDENTIFIED BY MEANS OF A GROWERS LABEL AFFIXED TO THE PLANT. REMOVE ALL LABELS AFTER PLANTING AND MAKE LABELS AVAILABLE TO THE OWNER OR LANDSCAPE ARCHITECT. 8. FOR BALLED AND BURLAPPED TREES AND SHRUBS, REMOVE BURLAP FROM THE TOP AND SIDES OF THE ROOT BALL, BUT NOT THE BOTTOM, AFTER SETTING THE ROOT BALL IN THE HOLE. A MINIMUM OF 3/4 OF THE WIRE BASKET AND SURPLUS NYLON OR BINDING SHALL BE COMPLETELY REMOVED. PLANT MATERIAL NOTES AND SPECIFICATIONS 1-CSM 1-CSO 1-CSO 1-CSM 1-FFH LANDSCAPE PLAN N 0 40'20'10' SCALE:1"=20' DECIDUOUS SHADE TREES ORNAMENTAL TREES EVERGREEN TREES DECIDUOUS SHRUBS EVERGREEN SHRUBS ORNAMENTAL GRASSES PERENNIALS BOULDERS PRIVATE YARD LANDSCAPING SOD COBBLE 3' FENCE 6' PRIVACY FENCE LANDSCAPE LEGEND (SEE SHEET L1 FOR FULL PLANT LIST) OF NOT FOR CONSTRUCTION A PART OF THE SOUTHEAST QUARTER OF SECTION 23, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN, CITY OF WHEATRIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO RIDGETOP VILLAGE PLANNED RESIDENTIAL DEVELOPMENT 16 01 / 0 3 / 2 0 1 9 4T H S D P S U B M I T T A L 00 3 12 / 1 0 / 2 0 1 8 09 / 2 4 / 2 0 1 8 08 / 2 0 / 2 0 1 8 3R D S D P S U B M I T T A L 2N D S D P S U B M I T T A L 1S T S D P S U B M I T T A L 00 2 00 1 00 0 18035 08/20/2018 JG MC MA T T C O R R I O N , P L A ( 3 0 3 ) 9 9 3 - 4 8 1 1 WH E A T R I D G E , C O 8 0 0 3 3 40 0 0 , 4 0 4 2 , 4 0 6 2 , 4 0 6 6 U P H A M S T R E E T RI D G E T O P V I L L A G E SP E C I F I C D E V E L O P M E N T P L A N LANDSCAPE PLAN 13 - FOR R E V I E W - - NO T F O R C O N S T R U C T I O N - U P H A M S T R E E T 1-SSL 5-HMS 1-ABP 3-MTP 3-PGF 4-RMM 3-RUS 6-BBF 5-FLI 3-BYD 4-VFR 2-MTP 1-ABP 2-HMS 1-SCP 2-HMS 2-PGF 2-HMS 1-SCP 2-HMS 2-HMS 1-ABP 2-MTP 2-HMS 3-PES 4-RMM 3-RUS 6-BBF 5-FLI 3-BYD 4-VFR 4-PES 3-PGF 2-MTP 1-ABP 5-HMS 1-SSL PROPERTY LINE STEEL EDGER ROCK MULCH PROPERTY LINE COBBLE 1-FNS 3-RJB 5-BBG 7-PGF 3-SOS 6-BBF 5-RCB 5-MMP 5-OGD 3-PLG 3-BEY COBBLE 1-FNS 3-RJB 5-VFR STEEL EDGER 1-DBE 3-RES 5-RCB 1-CSM 3-KOR 3-KOR 3-MWW 6-KOR 3-WBH 3-WBH 3-MMP 3-BYD 3-BBG 1-DBE 1-PIN 1-FNS 1-BLV 1-SKC 4-RMM 3-BRB 3-BRB 3-RMM 1-EAR 5-PES 1-MMP 3-ISB 1-CGB 4-FLI COBBLE 5-PGF 3-FRG 5-PGF DECORATIVE CONCRETE 3-RCB 3-RHP 3-FRG 1-RHP 1-FRG 4-RCB 3-ISB 1-SKC 5-RUS 5-BBF 1-MMP 1-EAR 6-RMM 1-CGB 4-FLI 3-BCJ 3-VFR 1-AGG 3-VMG 3-VMG 6-KOR 3-WBH 6-KOR 3-MWW 3-KOR 3-BSR 3-KOR 3-MWW 3-OGD 1-MMP COBBLE COBBLE COBBLE STEEL EDGER ROCK MULCH 1-RHP 3-FRG 4-RCB 1-FRG 1-DBE 3-BBF 3-RHP 5-SRJ 3-BEY 3-PLG 5-MMP 3-VMG 3-VMG 3-BYD 3-MWW 1-AGG 3-BCJ SOD LAWN 3-RCB 3-VMG 4-VMG STEEL EDGER 5-PES 5-RCB 4-BBF 3-SOS 6-OGD 1-SRJ 3-PGF 5-RCB 3-RES ROCK MULCH 1-CSM 1-FFH 1-FFH 1-SSL 1-ACE 3-BSR 3-MWW 1-CSM1-FFH 1-CSO1-CSM 1-ACE PROPERTY LINE INSTALL 1" IRRIGATION METER AND BACKFLOW PREVENTER PRIVATE YARD, SEE EXHIBIT, SHEET 13 SIGHT DISTANCE TRIANGLE: NO FENCES OR LANDSCAPE TO EXCEED 36" IN HEIGHT, STREET TREES OMITTED. 1-RUS 2-MTP 3-PGF 1-RUS 6-RHP 1-FFH 1-CSO 4-MWW 4-MTP 4-MTP 4-MWW 1-FFH BIKE RACK (4) 1-CSM 1-FFH PRIVATE YARD, SEE EXHIBIT, SHEET 13 PRIVATE YARD, SEE EXHIBIT, SHEET 13 PRIVATE YARD, SEE EXHIBIT. 6-RHP 1-FFH 3-PES 3-PES SHARED SIDEWALK LANDSCAPE BED TO CONTAIN A MINIMUM OF 1 SHRUB PER 20SF (MINIMUM OF 3 SHRUBS) AND ROCK MULCH. CUSTOMIZABLE SPACE CUSTOMIZABLE SPACE OPTIONS: OPTION A: (BASE OPTION) CRUSHER FINES INFORMAL PATIO OPTION B: CONCRETE OR STONE PAVERS PATIO (UP TO 144 SF) OPTION C: DOG FRIENDLY ARTIFICIAL TURF 2' MIN. 3' MIN. 3' PRIVATE CONCRETE PATH N 0 10'5' SCALE:1"=5' UNIT 3-WBH 3-WBH 3-MWW 3-MWW 3-BSR COVERED CONCRETE PATIO NOTES: 1. A MINIMUM OF 20% OF EACH PRIVATE YARD MUST BE DESIGNATED AS A LANDSCAPE BED WITH A MINIMUM OF 1 SHRUB PER 20 SF OF LANDSCAPE BED AREA. ADDITIONAL SHRUBS, ORNAMENTAL GRASSES, AND PERENNIAL PLANTINGS ARE HIGHLY ENCOURAGED. 2. LANDSCAPE BED AREAS MUST BE MULCHED WITH 3" DEPTH 1-1/2" DARK GRAY ANGULAR GRANITE (NO PINKS, REDS, OR BROWNS) 3. SHREDDED WESTERN RED CEDAR MULCH MAY BE USED AT A 3" DEPTH UNDER PERENNIALS, GROUND COVERS, AND AROUND THE BASE OF TREES AND SHRUBS. NO DYED MULCHES PERMITTED 4. ANY TREE PLANTINGS SHOWN WITHIN THE PRIVATE YARDS ON THE LANDSCAPE PLAN (SHEET 10) ARE REQUIRED. 5. CUSTOMIZABLE SPACE OPTIONS TO BE INSTALLED BY DEVELOPER. COBBLE WATER UTILITY FIRE HYDRANT, TYP. H 146' PRIVACY FENCE F 143' HORIZONTAL RAIL FENCE F 143' HORIZONTAL RAIL FENCE H 146' PRIVACY FENCE J 14 DOG WASTE STATION D 14 BOULDER D 14 BOULDER D 14BOULDER D 14BOULDER D 14BOULDER H 14 6' PRIVACY FENCE H 14 6' PRIVACY FENCE F 14 3' HORIZONTAL RAIL FENCE F 14 3' HORIZONTAL RAIL FENCE F 143' HORIZONTAL RAIL FENCE G 14 FENCE COLUMN G 14 FENCE COLUMN G 14 FENCE COLUMN E 14 ENTRY SIGN K 14 CLUSTER MAIL BOX L 14 BENCH 3-BSR 5-OGD STEEL EDGER PROPERTY EASEMENT I 14GATE I 14GATE I 14GATE STEEL EDGER, TYP. PRIVATE YARD EXHIBIT F 14 3' HORIZONTAL RAIL FENCE E 14 ENTRY SIGN FIRE HYDRANT, TYP. FIRE HYDRANT, TYP. E 14GATE SIGHT DISTANCE TRIANGLE: NO FENCES OR LANDSCAPE TO EXCEED 36" IN HEIGHT, STREET TREES OMITTED. FINISH GRADE SLOPE AWAY FROM BOULDERCOMPACTED SUBGRADE SIZE AND TYPE OF BOULDER PER MATERIALS SCHEDULE AND SPECIFICATIONS NOTES: 1. CONTACT LANDSCAPE ARCHITECT OR OWNERS REPRESENTATIVE PRIOR TO PLACEMENT OF BOULDERS. 2. BURY 1/4 OF THE TOTAL HEIGHT OF EACH BOULDER INTO THE GROUND. 3. PROVIDE POSITIVE DRAINAGE AWAY FROM EACH BOULDER. 4. THOROUGHLY COMPACT, PUDDLE AND STABILIZE BACKFILL, AND SURROUNDING GRADES PRIOR TO COMPLETION. 5. DO NOT PLACE BOULDERS IN FLOWLINE OF SWALES OR ANY LOCATION WHERE DRAINAGE COULD BE INHIBITED BY BOULDERS. (X) HT. OF BOULDER 1/4(X) SPECIFIED MULCH PLACE FLATTEST SIDE OF BOULDER DOWN 10" 3' 4" DEPTH COMPACTED GRAVEL CONCRETE 3' 8' MAX COMPACTED SUBGRADE 1 1 2 " 5 1 2 " 6" 1" 4"X4" CEDAR POST BEVEL TOP OF CONCRETE AWAY FROM POST 2"X6" CEDAR RAILS 2"X2" CEDAR RAILS 4"X4" CEDAR POST 1"X6" CEDAR PICKETS 2"X4" CEDAR STRINGERS 8'-0" MAX 6' 10" 3' 4" DEPTH COMPACTED GRAVEL CONCRETE 6' - 6 " PET WASTE PLEASE KEEPTHIS AREACLEAN CONCRETE FOOTING 4" DEPTH COMPACTED GRAVEL 18"H x 11.5"W .63 GAUGE REFLECTIVE ALUMINUM 18" 18 " NOTES: 1. DOGIPOT ALUMINUM PET STATION #17PW-00005 2. ON-LEASH SIGN CHOICE (ITEM #1203/1204) 3. POWDER COATED FOREST GREEN 4. ANCHORED IN CONCRETE PET SIGN 15.5"H x 9.4"W x 3.25"D .08 GAUGE POWDER COATED ALUMINUM 400 BAG CAPACITY BAG DISPENSER 23"H x 11.5"DIA. 16 GAUGE POWDER COATED ALUMINUM 10 GALLON CAPACITY STEEL TRASH RECEPTACLE WITH LID LEASH AND CLEANUP AFTERYOUR PET CONCRETE COMPACTED SUBGRADE 12" 3' 3' 4"X4" CEDAR POST CMU BLOCK COMPACTED GRAVEL CONCRETE FOOTER CONCRETE CAP WITH 2" OVERHANG 12"X12"X4" DECORATIVE CONCRETE BLOCK, ALIGNED 2 BLOCKS DEEP FOR 8" TOTAL DEPTH 3' GATE, SEE PLAN FOR LOCATION FINISH GRADE 62 " 48 " 30.5" TOP VIEW FRONT VIEW SIDE VIEW 17" 6' 3' 3' 4"X4" CEDAR POST 2"X6" CEDAR RAILS 2"X2" CEDAR RAILS 3' HINGE CLASP & HANDLE 3' 8' MAX PRECAST CONCRETE CAP WITH 2" OVERHANG DECORATIVE CONCRETE BLOCK, ALIGNED 2 BLOCKS DEEP FOR 8" DEPTH 18 " GALVANIZED STEEL SIGN, POWDER COATED, FONT AND COLORS T.B.D. SPECIFIED PLANTINGS, SEE LANDSCAPE PLAN ON SHEET 13 FOR INFORMATION. NOTE: IF INDIVIDUAL PLANT LOCATIONS ARE NOT SHOWN ON THE LANDSCAPE PLAN, SPACE PLANTS AT THE O.C. SPACING SHOWN ON THE LANDSCAPE PLANT LIST O.C. SPACING SPECIFIED MULCH- CAREFULLY TUCK MULCH AROUND EACH PLANT TO PREVENT THE SMALL PLANTS FROM DRYING OUT (PROVIDE 8" RADIUS WOOD MULCH RING WHEN PLANTING IN NATIVE GRASS AREAS) 2-1/4" OR 4" SIZE PLANT MATERIAL AS SPECIFIED ON THE PLANT LIST UNLESS A FORMAL PATTERN IS CALLED FOR, PLACE PLANTS AROUND THE PERIMETER OF THE PLANTING AREA FIRST, THEN FILL IN THE CENTER RANDOMLY AND AVOID CREATING "ROWS" PLANTING BED SOIL- AMENDED PER SPECIFICATIONS SET TOP OF ROOT BALL 1" HIGHER THAN THE FINISHED BED GRADE SPECIFIED MULCH- CAREFULLY TUCK MULCH AROUND EACH PLANT (PROVIDE 12" RADIUS WOOD MULCH RING WHEN PLANTING IN NATIVE GRASS AREAS) LOOSEN SIDES OF PLANT PIT, AND WATER THE FILL IN WELL TO ELIMINATE LARGE AIR POCKETSNOTES: 1. PRUNE ALL DEAD OR DAMAGED BRANCHES PRIOR TO, AND AFTER PLANTING. 2. CRUMBLING OR BROKEN ROOT BALLS WILL BE REJECTED. 3. DIG PLANT PIT TWICE AS WIDE AND HIGH AS CONTAINER. 4. TAKE CARE NOT TO DAMAGE ROOT BALL WHEN REMOVING THE PLANT FROM IT'S CONTAINER. 5. FOR ALL PLANTS IDENTIFIED WITH WATER USE OF "LOW" OR "VERY LOW" ON THE PLANT LIST, KEEP WOOD MULCH 2" BACK FROM TRUNK OR STEM. 6. FILL PLANT PIT WITH 1/2 SPECIFIED SOIL MIX AND 1/2 PIT SOIL. 7. SCORE ROOT BOUND ROOT BALLS TO FREE UP ROOTS. (X)1/2(X) DO NOT CUT LEADER PRUNE IMMEDIATELY PRIOR TO PLANTING 1/2(X) USE 3 GUY ASSEMBLIES FOR EVERGREENS, AND TREES OVER 3" CALIPER USE NYLON TREE STRAPS AT END OF WIRE (EVERGREEN TREES ONLY) TREATED WOOD POST WITH GROMMETED NYLON STRAPS. USE TWO GUY WIRES 12 GAUGE GALVANIZED WIRE 3" DEPTH SPECIFIED MULCH. PULL MULCH AWAY FROM TRUNK. MULCH TO 6" OUTSIDE OF STAKES. (PROVIDE 24" RADIUS WOOD MULCH RING WHEN PLANTING IN NATIVE GRASS AREAS) 24" LENGTH BY 3/4 DIA. P.V.C. MARKERS (TYP.) OVER WIRES 24" LENGTH BY 3/4 DIA. P.V.C. MARKERS (TYP.) OVER WIRES NOTES: 1. INSTALL WATERING SAUCER IN NATIVE AREAS. 2. CONSTRUCT 6" HEIGHT WATERING RING FOR INITIAL WATERING. REMOVE IN SOD AREAS PRIOR TO MULCHING. 3. AFTER SEPTEMBER 1ST, INSTALL 4" TREE TAPE ON DECIDUOUS TREES FROM 6" OFF THE GROUND TO THE FIRST BRANCH. REMOVE PROMPTLY IN SPRING. 4. COMPLETELY REMOVE WIRE BASKET, ALL TWINE & PLASTIC. REMOVE BURLAP OFF TOP 2/3 OF BALL. 5. FILL PLANT PIT WITH 1/2 SPECIFIED SOIL MIX AND 1/2 PIT SOIL. A N.T.S. PLANTING DETAIL FOR ALL TREES & B&B SHRUBS B N.T.S. CONTAINER PLANTS LARGER THAN 1 GALLON PLANTING DETAIL FOR SHRUBS, AND ALL C N.T.S. & ALL CONTAINER PLANTS 1 GALLON OR SMALLER PLANTING DETAIL FOR PERENNIALS, ANNUALS, TOP OF ROOT FLARE SHALL BE 3" ABOVE GRADE OUTSIDE OF PIT. D N.T.S. BOULDER OF NOT FOR CONSTRUCTION A PART OF THE SOUTHEAST QUARTER OF SECTION 23, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN, CITY OF WHEATRIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO RIDGETOP VILLAGE PLANNED RESIDENTIAL DEVELOPMENT 16 01 / 0 3 / 2 0 1 9 4T H S D P S U B M I T T A L 00 3 12 / 1 0 / 2 0 1 8 09 / 2 4 / 2 0 1 8 08 / 2 0 / 2 0 1 8 3R D S D P S U B M I T T A L 2N D S D P S U B M I T T A L 1S T S D P S U B M I T T A L 00 2 00 1 00 0 18035 08/20/2018 JG MC MA T T C O R R I O N , P L A ( 3 0 3 ) 9 9 3 - 4 8 1 1 WH E A T R I D G E , C O 8 0 0 3 3 40 0 0 , 4 0 4 2 , 4 0 6 2 , 4 0 6 6 U P H A M S T R E E T RI D G E T O P V I L L A G E SP E C I F I C D E V E L O P M E N T P L A N LANDSCAPE DETAILS 14 - FOR R E V I E W - - NOT F O R C O N S T R U C T I O N - F N.T.S. 3' HORIZONTAL RAIL FENCE H N.T.S. 6' PRIVACY FENCE L N.T.S. BENCHKN.T.S. CLUSTER MAIL BOX J N.T.S. DOG WASTE STATION G N.T.S. FENCE COLUMN NOTES: 1. QUANTITY: 9 2. LOCATION: ONLY ALONG UPHAM STREET, SEE SHEET 13 3. THE SIDE OF FENCE WITH POSTS AND HARDWARE EXPOSED TO FACE INWARD TOWARD PRIVATE YARDS. NOTE: 1. THE SIDE OF FENCE WITH POSTS EXPOSED TO FACE INWARD TOWARD PRIVATE YARDS. NOTES: 1. THE SIDE OF FENCE WITH POSTS EXPOSED TO FACE ADJACENT PROPERTIES, NOT INWARD TOWARD DEVELOPMENT. NOTES: 1. MODEL: #3313 SALSBURY CLUSTER BOX UNIT (F SERIES) 2. QUANTITY: 3 3. COLOR: BRONZE 4. 13 B SIZE DOORS, 1 PARCEL LOCKER, 1 OUTGOING MAIL COMPARTMENT NOTES: 1. MODEL: EV26 KEYSTONE RIDGE EVERETT BENCH WITH BACK 6' 2. QUANTITY: 2 3. COLOR: BRONZE POWDER COATED I N.T.S. GATE NOTE: 1. SEE FENCE DETAIL (F/14) FOR FOOTINGS. 2 THE SIDE OF FENCE WITH POSTS AND HINGES EXPOSED TO FACE INWARD TOWARD PRIVATE YARDS. E N.T.S. ENTRY SIGN NOTE: 1. ONLY GALVANIZED AND/OR COATED METALS TO BE USED TO PREVENT RUST STAINS. 2. POWDER COATING COLOR AND FONT TYPE T.B.D. 3. SEE FENCE COLUMN DETAIL (DETAIL G, SHEET 14) FOR FOOTING DETAIL. StatisticsDescription Symbol Avg Max Min Max/Min Avg/MinCalc Zone #10.2 fc 6.6 fc 0.0 fc N/A N/A ScheduleSymbol Label QTY Catalog Number DescriptionLampNumber Lamps Lumens per LampLLF WattageA38 WS-W37612WALL SCONCE1 8500.85 16.5B38 SHARP(8) A032614LED 3000K PHILIPS1 1388 0.85 19C20 6643-30BZNA1 548.5925 0.85 13.2336D18 6091NA1 98.82359 0.85 3.0 LANDSCAPE BOLLARD LIGHTMINI BOLLARD A A A A A A A A B B B B B B B B A A A A A A A A A A A A A A A A A A A A A A B B B B B B B B B B B B B B B B B B B B B B B A A A A A A C C UPHAM STREET C C C C C C C C C C C C C A B B B B B B B A 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 1 0 . 1 0 . 1 0 . 1 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 1 0 . 1 0 . 1 0 . 1 0 . 1 0 . 1 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 1 0 . 1 0 . 1 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 1 0 . 3 0 . 4 0 . 2 0 . 0 0 . 0 0 . 0 0 . 0 0 . 1 0 . 2 0 . 3 0 . 2 0 . 2 0 . 2 0 . 2 0 . 1 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 2 0 . 4 0 . 3 0 . 1 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 2 . 5 2 . 9 0 . 1 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 1 . 4 2 . 2 0 . 2 1 . 1 0 . 1 1 . 2 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 5 3 . 8 2 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 1 1 . 2 0 . 0 0 . 0 0 . 4 0 . 3 0 . 0 0 . 1 1 . 9 0 . 1 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 3 2 . 0 5 . 2 1 . 8 4 . 5 1 . 1 0 . 1 0 . 0 0 . 4 1 . 0 5 . 6 1 . 0 5 . 7 1 . 1 5 . 7 1 . 3 6 . 6 1 . 0 0 . 4 0 . 0 0 . 1 0 . 8 4 . 0 1 . 4 4 . 2 1 . 9 0 . 3 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 1 0 . 2 0 . 4 0 . 3 0 . 4 0 . 1 0 . 0 0 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0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 0 . 0 C D D D D D D D D D D D D D D D D D D C C C C O F N O T F O R C O N S T R U C T I O N A S P E C I F I C D E V E L O P M E N T P L A N I N W H E A T R I D G E , C O L O R A D O A PART OF THE SOUT H E A S T Q U A R T E R O F S E C T I O N 2 3 , T O W N S H I P 3 S O U T H , R A N G E 6 9 W E S T O F T H E 6 T H PRINCIPAL MER I D I A N , C I T Y O F W H E A T R I D G E , C O U N T Y O F J E F F E R S O N , S T A T E O F C O L O R A D O RIDGETOP VIL L A G E P L A N N E D R E S I D E N T I A L D E V E L O P M E N T 1 6 12/10/2018 09/24/2018 08/20/2018 3RD SDP SUBMITTAL 2ND SDP SUBMITTAL 1ST SDP SUBMITTAL 002 001 000 0 8 / 2 0 / 2 0 1 8 C 3 S T N S NEIL SHAE (303) 870-0533 WHEAT RIDGE, CO 80033 4000, 4042, 4062, 4066 UPHAM STREET RIDGETOP VILLAGE SPECIFIC DEVELOPMENT PLAN C 3 S C o n s u l t i n g E l e c t r i c a l E n g i n e e r s 1 7 3 7 C e n t r a l S t r e e t , S u i t e 2 0 1 T : 3 0 3 . 4 8 0 . 5 1 4 4 i n c o r p o r a t e d D e n v e r , C O 8 0 2 1 1 w w w . c 3 s e n g i n e e r i n g i n c . c o m S C A L E : 1 " = 2 0 ' 0 1 0 ' 2 0 ' 4 0 ' 6 0 ' 8 0 ' 5 ' S I T E P H O T O M E T R I C P L A N 1 N C 3 S i n c o r p o r a t e d S I T E P H O T O M E T R I C P L A N 1 5 003 01/03/20194TH SDP SUBMITTAL L I G H T I N G N O T E : P R O P O S E D L U M I N A I R E S I N S T A L L E D O N P R I V A T E P R O P E R T Y , A D J A C E N T T O T H E P U B L I C R I G H T O F W A Y , S H A L L B E O R I E N T E D I N S U C H A M A N N E R O R L I M I T E D I N L U M E N O U T P U T T O P R E V E N T G L A R E A N D S H A L L N O T E E X C E E D N A T I O N A L I E S L I G H T I N G S T A N D A R D S F O R D I S A B I L I T Y G L A R E . A L L E X T E R I O R L U M I N A I R E S A R E F U L L C U T O F F O F N O T F O R C O N S T R U C T I O N A S P E C I F I C D E V E L O P M E N T P L A N I N W H E A T R I D G E , C O L O R A D O A PART OF THE SOUT H E A S T Q U A R T E R O F S E C T I O N 2 3 , T O W N S H I P 3 S O U T H , R A N G E 6 9 W E S T O F T H E 6 T H PRINCIPAL MER I D I A N , C I T Y O F W H E A T R I D G E , C O U N T Y O F J E F F E R S O N , S T A T E O F C O L O R A D O RIDGETOP VIL L A G E P L A N N E D R E S I D E N T I A L D E V E L O P M E N T 1 6 12/10/2018 09/24/2018 08/20/2018 3RD SDP SUBMITTAL 2ND SDP SUBMITTAL 1ST SDP SUBMITTAL 002 001 000 0 8 / 2 0 / 2 0 1 8 C 3 S T N S NEIL SHAE (303) 870-0533 WHEAT RIDGE, CO 80033 4000, 4042, 4062, 4066 UPHAM STREET RIDGETOP VILLAGE SPECIFIC DEVELOPMENT PLAN C 3 S C o n s u l t i n g E l e c t r i c a l E n g i n e e r s 1 7 3 7 C e n t r a l S t r e e t , S u i t e 2 0 1 T : 3 0 3 . 4 8 0 . 5 1 4 4 i n c o r p o r a t e d D e n v e r , C O 8 0 2 1 1 w w w . c 3 s e n g i n e e r i n g i n c . c o m L I G H T I N G S P E C I F I C A T I O N S 1 6 TYPE A T Y P E B T Y P E C MOUNTED AT 8'-0" AT FRONT DOOR M O U N T E D A T 8 ' - 6 " A B O V E G A R A G E D O O R L O C A T E D I N M A I N A R E A S A N D A T P A R K T Y P E D L O C A T E D I N P E D E S T R I A N P A T H S 003 01/03/20194TH SDP SUBMITTAL Planning Commission 29 Case Nos. WZ-18-17, WZ-18-18, WS-18-02 / Ridgetop Village Looking east from the park at front yards Looking north east from Upham Street EXHIBIT 9: RENDERINGS Planning Commission 30 Case Nos. WZ-18-17, WZ-18-18, WS-18-02 / Ridgetop Village Looking southeast from the northern entrance drive Planning Commission 31 Case Nos. WZ-18-17, WZ-18-18, WS-18-02 / Ridgetop Village see attached EXHIBIT 10: SUBDIVISION PLAT RIDGETOP VILLAGE SUBDIVISION FILING NO. 1 SITUATED IN THE SOUTHEAST 1/4 OF SECTION 23, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED UPONANY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT, MAY ANY ACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED ANY PERSON WHO KNOWINGLY REMOVES, ALTERS, OR DEFACES ANY PUBLIC LAND SURVEY MORE THAN TEN YEARS FROM THE DATE OF THE CERTIFICATION SHOWN HEREON. MONUMENT, LAND BOUNDARY MONUMENT, OR ACCESSORY COMMITS A CLASS TWO (2) MISDEMEANOR, PURSUANT TO STATE STATUTE 18-4-508 OF THE COLORADO REVISED STATUTES. SCALE: 1"=500' VICINITY MAP SITE Project No.:Survey No.:Date:Revised: C I V I L E N G I N E E R S | L A N D S U R V E Y O R S 14190 East Evans Avenue Aurora, Colorado 80014 engineeringserviceco.com P 303.337.1393 F 303.337.7481 T/F 1.877.273.0659Creative Solutions Since 1954 ENGINEERING SERVICE COMPANY 18159-P 1313.1 10/04/2018 12/27/2018 WA D S W O R T H B L V D W 44th AVE UP H A M S T TE L L E R S T RE E D S T PI E R C E S T W 38th AVE OWNERS' CERTIFICATE WE, UPHAM PARTNERS LLC, BEING THE OWNERS OF REAL PROPERTY CONTAINING 1.9020 ACRES DESCRIBED AS FOLLOWS: A PARCEL OF LAND SITUATED IN THE EAST 1/2 OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 23, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE EAST 1/4 CORNER OF SAID SECTION 23;THENCE S41°50’16”W A DISTANCE OF 1960.91 FEET TO THE POINT OF BEGINNING; THENCE S00°14’00”E ALONG THE EAST LINE OF SAID EAST 1/2 A DISTANCE OF 264.61 FEET;THENCE S89°39’47”W A DISTANCE OF 328.96 FEET TO A POINT ON THE WEST LINE OF SAID EAST 1/2;THENCE N00°13’09”W ALONG SAID WEST LINE A DISTANCE OF 55.00 FEET;THENCE N89°39’47”E A DISTANCE OF 20.00 FEET;THENCE N00°13’09”W ALONG A LINE THAT IS 20.00 FEET EAST OF AND PARALLEL WITH SAID WEST LINE A DISTANCE OF 209.63 FEET;THENCE N89°39’59”E ALONG A LINE THAT IS 132.00 FEET SOUTH OF AND PARALLEL WITH THE NORTH LINE OF SAID EAST 1/2 A DISTANCE OF 308.89 FEET TO THE POINT OF BEGINNING. PARCEL CONTAINS (82,849 SQUARE FEET) 1.9020 ACRES. HAVE LAID OUT, SUBDIVIDED AND PLATTED SAID LAND AS PER THE DRAWING HEREON CONTAINED INTO LOTS UNDER THE NAME AND STYLE OF RIDGETOP VILLAGE SUBDIVISION FILING NO 1, A SUBDIVISION OF A PART OF THE CITY OF WHEAT RIDGE, COLORADO AND BY THESE PRESENTS DO DEDICATE TO THE CITY OF WHEAT RIDGE AND THE PUBLIC THOSE PORTIONS OF REAL PROPERTY SHOWN AS RIGHT-OF-WAY, AND DO FURTHER DEDICATE TO THE CITY OF WHEAT RIDGE AND THOSE MUNICIPALLY OWNED AND/OR MUNICIPALLY FRANCHISED UTILITIES AND SERVICES THOSE PORTIONS OF REAL PROPERTY SHOWN AS EASEMENTS FOR THE CONSTRUCTION, INSTALLATION, OPERATION, MAINTENANCE, REPAIR AND REPLACEMENT FOR ALL SERVICES. THIS INCLUDES BUT IS NOT LIMITED TO TELEPHONE AND ELECTRIC LINES, GAS LINES, WATER AND SANITARY SEWER LINES, HYDRANTS, STORMWATER SYSTEMS AND PIPES, DETENTION PONDS, STREET LIGHTS AND ALL APPURTENANCES THERETO. UPHAM PARTNERS LLC, A COLORADO LIMITED LIABILITY COMPANY SURVEOR’S CERTIFICATE: I, CHARLES N. BECKSTROM, DO HEREBY CERTIFY THAT THE SURVEY OF THE BOUNDARY OF RIDGETOP VILLAGE SUBDIVISION FILING NO. 1 WAS MADE BY ME OR UNDER MY DIRECT SUPERVISION AND TO THE BEST OF MY KNOWLEDGE, INFORMATION AND BELIEF, IN ACCORDANCE WITH ALL APPLICABLE COLORADO STATUTES, CURRENT REVISED EDITION AS AMENDED, THE ACCOMPANYING PLAT ACCURATELY REPRESENTS SAID SURVEY. CHARLES N. BECKSTROMCOLORADO PLS NO. 33202 SURVEYOR’S NOTES: 1. THIS SURVEY WAS BASED ON TITLE COMMITMENT NUMBER 598-F0597699-150-KB3, AMENDMENT NO. 10 PREPARED BY FIDELITY NATIONAL TITLE COMPANY AS AGENT FOR FIDELITY NATIONAL TITLE INSURANCE COMPANY, WITH AN EFFECTIVE DATE OF MAY 24, 2018 AT 7:00 A.M., AND DOES NOT CONSTITUTE A TITLE SEARCH BY THIS SURVEYOR FOR OTHER EASEMENTS AND/OR EXCEPTIONS OF RECORD. 2. BY GRAPHIC PLOTTING ONLY THE SUBJECT PROPERTY IS SITUATED IN FLOOD ZONE "X" AREA DETERMINED TO BE OUTSIDE THE 0.2% ANNUAL CHANCE FLOOD PLAIN ACCORDING TO FLOOD INSURANCE RATE MAP (FIRM) COMMUNITY PANEL NO. 08059C0214F LAST REVISED FEBRUARY 5, 2014. NO OFFICE CALCULATIONS OR FIELD SURVEYING WAS PERFORMED TO DETERMINE THIS INFORMATION. 3. BEARINGS ARE BASED ON THE EAST LINE OF THE SE 1/4 OF SECTION 23, TOWNSHIP 3 SOUTH, RANGE 69 WEST, OF THE 6TH PRINCIPAL MERIDIAN BEARING S00°17’47”E AS REFERENCED ON THE CITY OF WHEAT RIDGE HORIZONTAL CONTROL NETWORK AND BOUNDED BY THE MONUMENTS SHOWN HEREON. 4. THIS SITE IS CURRENTLY ZONED: R-3 (RESIDENTIAL 3) PER THE CITY OF WHEAT RIDGE. 5. THE ADDRESSES OF THE SURVEYED PROPERTY ARE 4000, 4042, 4062 & 4066 UPHAM STREET. THE 6. PER COLORADO REVISED STATUTES SEC. 38-51-106 (L), ALL LINEAL UNITS DEPICTED ON THIS LAND SURVEY PLAT ARE U.S. SURVEY FEET. ONE METER EQUALS39.37 DIVIDED BY 12 U.S. SURVEY FEET ACCORDING TO THE NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY. WHEAT RIDGE GEODETIC INFORMATION: 1. THE CURRENT CITY DATUM COORDINATE SYSTEM USED IS A GROUND-BASED MODIFIED FORM OF THENAD83/92 STATE PLANE COORDINATE SYSTEM, COLORADO CENTRAL ZONE 0502. 2. VERTICAL DATUM USED IS THE NORTH AMERICAN VERTICAL DATUM OF 1988 (NAVD88). 3. GROUND TO GRID COMBINED SCALE FACTOR IS 0.99974780300, SCALED FROM BASE POINT PHAC 1 (PERMANENT HIGH ACCURACY CONTROL POINT #1) HAVING THE FOLLOWING NAD83/92 STATE PLANE COORDINATES: PHAC 1: NORTHING: 1701258.75, EASTING: 3118217.58, ELEVATION: 5471.62. STATEMENT OF ACCURACY: THE GEODETIC POINT COORDINATE DATA SHOWN HEREIN HAS BEEN DERIVED FROM THE NAD 83 HARN STATE PLANE COLORADO CENTRAL FIPS 0502 COORDINATE SYSTEM, AND HAS A HORIZONTAL ACCURACY CLASSIFICATION OF 0.07 U.S. SURVEY FEET AT THE 95% CONFIDENCE LEVEL, AS DEFINED IN THE GEOSPATIAL POSITIONING ACCURACY STANDARDS OF THE FEDERAL GEODETIC CONTROL SUBCOMMITTEE (FGDC-STD-007.2-1998). BY: NAME: NEIL SHEATITLE: MANAGING PARTNER STATE OF COUNTY OF )) ) SS THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BY ME THIS DAY OF 20 , A.D. BY NEIL SHEA. WITNESS MY HAND AND OFFICIAL SEAL. MY COMMISSION EXPIRES: NOTARY PUBLIC APPROVED THIS DAY OF , 20 BY THE WHEAT RIDGE CITY COUNCIL. ATTEST CITY CLERK MAYOR COMMUNITY DEVELOPMENT DIRECTOR DIRECTOR OF PUBLIC WORKS CLERK AND RECORDER’S CERTIFICATE: ACCEPTED FOR RECORDING IN THE OFFICE OF THE COUNTY CLERK AND RECORDER OF JEFFERSON COUNTY AT GOLDEN, COLORADO THIS DAY OF , 20 . JEFFERSON COUNTY CLERK AND RECORDER BY: DEPUTY CLERK 7. 8. LAND USE SUMMARY TABLE TRACT PRIVATE ACCESS USE 313 SQ. FT. / 0.0072 ACRES AREA 3,388 SQ. FT. / 0.0778 ACRES PRIVATE ACCESS & UTILITY 20,999 SQ. FT. / 0.4821 ACRES 1,073 SQ. FT. / 0.0246 ACRES PRIVATE ACCESS, UTILITY, OPEN SPACE & PARKING 8,740 SQ. FT. / 0.2006 ACRES 1,698 SQ. FT. / 0.0390 ACRES 319 SQ. FT. / 0.0072 ACRES 3,311 SQ. FT. / 0.0760 ACRES PUBLIC RIGHT-OF-WAY 2,820 SQ. FT. / 0.0647 ACRES A B C D E F G H I PRIVATE ACCESS PRIVATE ACCESS PRIVATE ACCESS PRIVATE ACCESS PRIVATE ACCESS COVER SHEETSHEET 1 OF 3 CASE HISTORY PLANNING COMMISSION CERTIFICATION RECOMMENDED FOR APPROVAL THIS DAY OF , 20 BY THE CITY OF WHEAT RIDGE CHAIRPERSON CITY CERTIFICATION WZ-18-17WZ-18-18 REVISION BLOCK INITIAL PREPERATION 1ST REVISION 10/24/18 11/29/18 SHEET INDEX DESCRIPTION COVER SHEET SHEET NO. 1 PROPOSED LOT LAYOUT 2 EASEMENT LAYOUT 3 CROSS ACCESS EASEMENT: SE 1/4 OF SECTION 23 WS-18-02 PROPERTY WILL BE READDRESSED PRIOR TO BUILDING PERMIT. PLANNING COMMISSION. LOTS 1-38 40,188 SQ. FT. / 0.9226 ACRES TOTAL NET 82,849 SQ. FT. / 1.9020 ACRESTOTAL GROSS 80,029 SQ. FT. / 1.8372 ACRES 9. TRACT I IS HEREBY DEDICATED AS PUBLIC RIGHT-OF-WAY. 10. INDIVIDUAL TOWNHOUSE LOTS SHALL NOT BE DEVELOPED FOR ANY PURPOSE OTHER THAN TOWNHOMES. 11. RIDGETOP VILLAGE HOA/METRO DISTRICT AND ITS SUCCESSORS AND ASSIGNS WILL BE SOLELY RESPONSIBLE FOR THE MAINTENANCE OF TRACTS A, B, C, D, E, F, G AND H. 12. RIDGETOP VILLAGE HOA/METRO DISTRICT AND ITS SUCCESSORS AND ASSIGNS WILL BE SOLELY RESPONSIBLE FOR THE MAINTENANCE OF ALL PRIVATELY OWNED UTILITY INFRASTRUCTURE. RIDGETOP VILLAGE HOA/METRO DISTRICT, AND ITS SUCCESSORS AND ASSIGNS GRANTS A BLANKET EASEMENT FOR ACCESS, AND TO FREE MOVEMENT THROUGH TRACTS A, B, C, D, E, F, G, AND H. SUCH GRANT OF EASEMENT SHALL BE LIMITED TO THE OWNERS, TENANTS, AND GUESTS OF THE OWNERS, AND SHALL FURTHERMORE GRANT ACCESS TO AND FREE MOVEMENT THROUGH SAID EASEMENTS TO THOSE ENTERING SAID EASEMENTS FROM ABUTTING PUBLIC STREETS. 2ND REVISION 12/07/18 C 1/4 COR.SEC. 23 S 1/4 COR.SEC. 23 SE COR.SEC. 23 E 1/4 COR.SEC. 23 LINE DATA TABLE LOT NUMBER 1,435 SQUARE FEET 0.0329 ACRES 957 0.0220 1,054 0.0242 940 0.0216 940 0.0216 1,150 0.0264 1,165 0.0267 939 0.0216 1,308 0.0300 1,047 0.0240 940 0.0216 1,048 0.0241 1,168 0.0268 959 0.0220 LOT 1 LOT 2 LOT 3 LOT 4 LOT 5 LOT 6 LOT 7 LOT 8 LOT 9 LOT 10 LOT 11 LOT 12 LOT 13 LOT 14 LOT 15 LOT 16 LOT 17 LOT 18 LOT 19 LOT 20 LOT 21 LOT 22 LOT 23 1,270 0.0292 1,063 0.0244 961 0.0221 1,377 0.0316 957 0.0220 1,434 0.0329 1,182 0.0271 950 0.0218 950 0.0218 1,052 0.0242 1,067 0.0245 950 0.0218 LOT 25 LOT 26 LOT 27 LOT 28 LOT 29 LOT 30 LOT 31 LOT 32 LOT 33 LOT 34 LOT 35 LOT 36 LOT 37 LOT 38 950 0.0218 950 0.0218 1,445 0.0332 LOT 24 939 0.0216 939 0.0216 940 0.0216 959 0.0220 959 0.0220 958 0.0220 961 0.0221 961 0.0221 961 0.0221 TOTAL 40,188 0.9226 3RD REVISION 12/27/18 CONSTRUCTION DEFECTS THIS PLAT CONTAINS LOTS, BLOCKS, OR OTHER LAND INTENDED FOR THE DEVELOPMENT OF OWNER-OCCUPIED MULTI-FAMILY DWELLING UNITS OR ASSOCIATED COMMON AREAS, LIMITED COMMON ELEMENTS, OR IMPROVEMENTS (THE "MULTI-FAMILY DEVELOPMENT AREA"). TO THE EXTENT THAT THE FOLLOWING CLAIMS INVOLVE ANY MULTI-FAMILY DEVELOPMENT AREA (OR THE IMPROVEMENTS THEREON) WITHIN THE PROPERTY COVERED BY THIS PLAT, SUCH CLAIMS SHALL BE SUBMITTED TO BINDING ARBITRATION IN LIEU OF SUBMITTING ANY SUCH CLAIM TO A COURT OF LAW. ANY AND ALL CLAIMS THAT ALLEGE A CONSTRUCTION DEFECT AS DEFINED AT SECTION 26-1302 OF THE CODE OF LAWS AND: (1) ARE BETWEEN ANY TWO OR MORE OF THE FOLLOWING PERSONS OR ENTITIES: (A) ANY OWNER OF ANY PORTION OF THE MULTI-FAMILY DEVELOPMENT AREA, (B) ANY COMMON INTEREST COMMUNITY ASSOCIATION CREATED WITH RESPECT TO THE MULTI-FAMILY DEVELOPMENT AREA, (C) THE SUBDIVIDER, DEVELOPER, CONTRACTOR, OR ANYONE CLAIMING UNDER OR THROUGH ANY SUCH PERSONS, (D) ANY PARTY THAT CONSTRUCTS OR DESIGNS ANY PORTION OF ANY RESIDENTIAL DWELLING UNITS UPON THE MULTI-FAMILY DEVELOPMENT AREA, AND (E) ANY CONSTRUCTION PROFESSIONAL AS DEFINED IN THE CONSTRUCTION DEFECT ACTION REFORM ACT, C.R.S. § 13-80-802.5, ET SEQ., AS AMENDED ("CDARA"); AND (2) THAT PERTAINS TO ANY OF: (A) THE MULTI-FAMILY DEVELOPMENT AREA, (B) ANY DWELLING UNIT, COMMON AREA DEVELOPMENT STRUCTURE, LIMITED COMMON ELEMENTS, OR OTHER IMPROVEMENTS CONSTRUCTED ON THE MULTI-FAMILY DEVELOPMENT AREA, (C) THE COMMON INTEREST COMMUNITY TO BE CREATED FOR THE MULTI-FAMILY DEVELOPMENT AREA OR ANY PORTION THEREOF, OR (D) THE DECLARATION OR OTHER DOCUMENTS GOVERNING SUCH COMMUNITY. THE FOREGOING SHALL NOT PRECLUDE ANY OF THE PERSONS OR ENTITIES DESCRIBED ABOVE FROM ENDEAVORING TO RESOLVE ANY SUCH CLAIM(S) THROUGH EITHER NEGOTIATION OR MEDIATION BEFORE SUBMITTING SUCH CLAIM(S) TO BINDING ARBITRATION. ADDITIONALLY, THE MULTI-FAMILY DEVELOPMENT AREA MAY ALSO BE SUBJECT TO A DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS THAT MAY IMPLEMENT AND EXPAND UPON THE REQUIREMENTS OF THIS PLAT NOTE AND THAT MAY EXEMPT CERTAIN CLAIMS FROM THE REQUIREMENT THAT SUCH CLAIMS MUST BE SUBMITTED TO BINDING ARBITRATION, PROVIDED, HOWEVER, THAT ANY SUBSEQUENT AMENDMENT OR CHANGE TO SUCH DECLARATION OF COVENANTS, CONDITIONS OR RESTRICTION SHALL NOT ELIMINATE THIS REQUIREMENT THAT CONSTRUCTION DEFECT CLAIMS SHALL BE SUBMITTED TO BIDING ARBITRATION IN LIEU OF SUBMITTING ANY SUCH CLAIM TO A COURT OF LAW. FOR PURPOSES OF THIS PLAT NOTE, BINDING ARBITRATION SHALL MEAN SUBMISSION OF ANY CLAIM DESCRIBED ABOVE TO THE ARBITRATION SERVICE PROVIDER SPECIFIED IN THE DECLARATION OR OTHER GOVERNING DOCUMENTS OF THE COMMON INTEREST COMMUNITY, IF QUALIFIED PURSUANT TO THE UNIFORM ARBITRATION ACT, PART 2 OF ARTICLE 22 OF TITLE 13, C.R.S., AND, IF NOT, AN ARBITRATION SERVICE PROVIDER SO QUALIFIED IN SUCH ARBITRATION; THE COSTS AND EXPENSES OF ARBITRATION TO BE BORNE EQUALLY BY THE PARTIES. ALL FUTURE PURCHASERS OF ANY INTEREST IN THE MULTI-FAMILY DEVELOPMENT AREA ARE DEEMED TO HAVE ACCEPTED AND AGREED TO THE TERMS AND CONDITIONS OF THIS PLAT NOTE AND SHALL BE BOUND BY THE PLAT NOTE, WHICH IS RECORDED IN THE JEFFERSON COUNTY CLERK AND RECORDER'S OFFICE, DEEMED TO BE A COVENANT RUNNING WITH THE MULTI-FAMILY DEVELOPMENT AREA, AND BINDING UPON ALL SUCCESSORS IN INTEREST, GRANTEES, OWNERS, HEIRS, ASSIGNS, AND ALL OTHERS WHO ACQUIRE AN INTEREST IN OR TO THE MULTI-FAMILY DEVELOPMENT AREA, TOGETHER WITH ANY COMMON INTEREST COMMUNITY ASSOCIATION ASSOCIATED THEREWITH. 2,820 SQUARE FEET 0.0647 ACRES 313 SQUARE FEET 0.0072 ACRES 1,435 SQUARE FEET 0.0329 ACRES 957 SQUARE FEET 0.0220 ACRES 3,388 SQUARE FEET 0.0778 ACRES1, 0 5 4 S Q U A R E F E E T 0. 0 2 4 2 A C R E S 94 0 S Q U A R E F E E T 0. 0 2 1 6 A C R E S 94 0 S Q U A R E F E E T 0. 0 2 1 6 A C R E S 1, 1 5 0 S Q U A R E F E E T 0. 0 2 6 4 A C R E S 1, 1 6 5 S Q U A R E F E E T 0. 0 2 6 7 A C R E S 93 9 S Q U A R E F E E T 0. 0 2 1 6 A C R E S 93 9 S Q U A R E F E E T 0. 0 2 1 6 A C R E S 93 9 S Q U A R E F E E T 0. 0 2 1 6 A C R E S 1, 3 0 8 S Q U A R E F E E T 0. 0 3 0 0 A C R E S 20,999 SQUARE FEET 0.4821 ACRES 1,073 SQUARE FEET 0.0246 ACRES 1,047 SQUARE FEET0.0240 ACRES 940 SQUARE FEET0.0216 ACRES 940 SQUARE FEET 0.0216 ACRES 1,048 SQUARE FEET0.0241 ACRES 1, 1 6 8 S Q U A R E F E E T 0. 0 2 6 8 A C R E S 95 9 S Q U A R E F E E T 0. 0 2 2 0 A C R E S 95 9 S Q U A R E F E E T 0. 0 2 2 0 A C R E S 95 9 S Q U A R E F E E T 0. 0 2 2 0 A C R E S 95 8 S Q U A R E F E E T 0. 0 2 2 0 A C R E S 1,270 SQUARE FEET 0.0292 ACRES 1,377 SQUARE FEET 0.0316 ACRES 96 1 S Q U A R E F E E T 0. 0 2 2 1 A C R E S 96 1 S Q U A R E F E E T 0. 0 2 2 1 A C R E S 96 1 S Q U A R E F E E T 0. 0 2 2 1 A C R E S 96 1 S Q U A R E F E E T 0. 0 2 2 1 A C R E S 1, 0 6 3 S Q U A R E F E E T 0. 0 2 4 4 A C R E S 319 SQUARE FEET 0.0073 ACRES 957 SQUARE FEET 0.0220 ACRES 1,434 SQUARE FEET 0.0329 ACRES 3,311 SQUARE FEET 0.0760 ACRES 1, 1 8 2 S Q U A R E F E E T 0. 0 2 7 1 A C R E S 95 0 S Q U A R E F E E T 0. 0 2 1 8 A C R E S 95 0 S Q U A R E F E E T 0. 0 2 1 8 A C R E S 1, 0 5 2 S Q U A R E F E E T 0. 0 2 4 2 A C R E S 1, 0 6 7 S Q U A R E F E E T 0. 0 2 4 5 A C R E S 95 0 S Q U A R E F E E T 0. 0 2 1 8 A C R E S 95 0 S Q U A R E F E E T 0. 0 2 1 8 A C R E S 95 0 S Q U A R E F E E T 0. 0 2 1 8 A C R E S 1, 4 4 5 S Q U A R E F E E T 0. 0 3 3 2 A C R E S 8,740 SQUARE FEET 0.2006 ACRES 1,698 SQUARE FEET 0.0390 ACRES LOT 1 LOT 2 TRACT A TRACT D LO T 3 LO T 4 LO T 5 LO T 6 LO T 7 LO T 8 LO T 9 LO T 1 0 LO T 1 1 TRACT B LOT 12 LOT 14 LOT 13 LOT 15 TRACT C TRACT E TRACT F TRACT G TRACT H LO T 1 6 LO T 1 7 LO T 1 8 LO T 1 9 LO T 2 0 LOT 21 LO T 2 2 LO T 2 3 LO T 2 4 LO T 2 5 LO T 2 6 LOT 27 LOT 28 LOT 29 LO T 3 0 LO T 3 1 LO T 3 2 LO T 3 3 LO T 3 4 LO T 3 5 LO T 3 7 LO T 3 6 LO T 3 8 20,999 SQUARE FEET 0.4821 ACRES TRACT C TRACT I R. O . W . H E R E B Y D E D I C A T E D BY T H I S P L A T 6. 5 ' R . O . W . H E R E B Y D E D I C A T E D BY T H I S P L A T N89°39'59"E 308.89' S0 0 ° 1 4 ' 0 0 " E 2 6 4 . 6 1 ' S89°39'47"W 328.96' N0 0 ° 1 3 ' 0 9 " W 5 5 . 0 0 ' 20.00' N89°39'47"E N0 0 ° 1 3 ' 0 9 " W 2 0 9 . 6 3 ' 6.50'1.89'47.11'239.13'14.26' 54 . 7 0 ' 26 . 0 0 ' 54 . 4 0 ' 51 . 6 0 ' 26 . 0 0 ' 54 . 9 1 ' 18.22'235.24'47.02' 1.98' 26.50' N0 0 ° 1 3 ' 0 9 " W 2 6 4 . 6 3 ' 55.35' 25 . 0 0 ' 104.00' 25 . 0 0 ' 55.28'N0 0 ° 1 9 ' 1 1 " W 4 7 . 4 1 ' 30 . 4 3 ' 16 . 9 8 ' N89°46'47"E 47.05' N89°46'47"E 44.15' N89°39'08"E 45.01' 4.50' S39°54'58"E Δ=89°52'21"R=4.00'L=6.27' N0 0 ° 1 3 ' 1 3 " W 4 6 . 2 0 ' N0 0 ° 1 3 ' 1 3 " W 3 0 . 5 2 ' 20 . 7 5 ' 0.30' 5.08' N89°46'47"E 22.00' N0 0 ° 1 3 ' 1 3 " W 4 6 . 6 3 ' Δ=90°07'39"R=3.00'L=4.72' 3.98' N89°46'47"E N89°39'08"E 224.42'7.37'20.45'20.00'20.00'22.55'26.05'22.55'20.00'20.00'20.00'25.45' N89°39'53"E 94.13' 26.07'20.00'20.00'28.05' N0 0 ° 2 0 ' 5 2 " W 3 0 . 5 0 ' 5.63' S89°39'09"W N0 0 ° 2 0 ' 5 1 " W 16 . 5 0 ' N0 0 ° 2 0 ' 5 2 " W 4 7 . 0 0 ' N0 0 ° 2 0 ' 5 2 " W 4 7 . 0 0 ' N0 0 ° 2 0 ' 5 2 " W 4 6 . 9 9 ' N0 0 ° 2 0 ' 5 2 " W 3 0 . 5 0 ' 5.47' S89°39'08"W 16 . 4 8 ' N0 0 ° 1 5 ' 1 5 " W 6.42' S89°39'08"W N0 0 ° 2 0 ' 5 2 " W 16 . 4 7 ' N0 0 ° 2 0 ' 5 2 " W 3 0 . 5 0 ' N0 0 ° 2 0 ' 5 2 " W 4 6 . 9 7 ' N0 0 ° 2 0 ' 5 2 " W 4 6 . 9 7 ' N0 0 ° 2 0 ' 5 2 " W 4 6 . 9 7 ' N0 0 ° 2 0 ' 5 2 " W 4 6 . 9 7 ' N89°39'09"E 100.27' 28.97'20.00'20.00'20.00'11.30' 7.74' N00°20'51"W N89°39'08"E 44.98'5.00' S00°20'59"E Δ=90°07'39"R=4.00'L=6.29' N0 0 ° 1 3 ' 1 3 " W 8 6 . 0 0 ' 0.54' 22 . 5 5 ' 20 . 0 0 ' 20 . 0 0 ' 22 . 5 6 ' 0.34' Δ=89°52'21"R=4.00'L=6.27' 5.00' N00°20'52"WN89°39'08"E 45.02' N0 0 ° 1 3 ' 1 4 " W 7 6 . 8 1 ' 18 . 4 6 ' 20 . 0 0 ' 20 . 0 0 ' 18 . 3 5 ' 7.62' N56°21'42"E N89°46'47"E 40.66' 7.39' N56°29'15"W N89°46'47"E 40.87' N89°46'47"E 47.02' N89°46'47"E 47.02' N89°46'47"E 47.02' Δ=90°07'39"R=4.00'L=6.29' N89°39'08"E 44.99' N0 0 ° 1 3 ' 1 3 " W 4 5 . 9 9 ' N0 0 ° 1 3 ' 1 3 " W 3 0 . 4 5 ' 20 . 4 5 ' 0.46' 5.36' N89°46'47"E 44.15' 4.49' N39°28'33"E N0 0 ° 1 3 ' 1 4 " W 4 7 . 5 3 ' 30 . 5 4 ' 16 . 9 9 ' N89°46'47"E 47.02' N89°46'47"E 22.00' N0 0 ° 1 3 ' 1 3 " W 4 6 . 5 6 ' Δ=89°52'21"R=3.00'L=4.71' 3.98' N89°46'47"E N89°39'08"E 224.47' N0 0 ° 2 2 ' 1 1 " W 17 . 0 4 ' 6.45' N89°39'09"E N0 0 ° 2 0 ' 5 2 " W 3 0 . 5 0 ' N0 0 ° 2 0 ' 5 2 " W 4 7 . 5 3 ' N0 0 ° 2 0 ' 5 2 " W 4 7 . 5 2 ' N0 0 ° 2 0 ' 5 2 " W 4 7 . 5 1 ' N0 0 ° 2 0 ' 5 2 " W 3 0 . 5 0 ' 17 . 0 0 ' N0 0 ° 2 1 ' 5 7 " W N89°37'49"E 94.20' 29.00'20.00'20.00'25.20' 22.55'20.00'20.00'20.45'7.38'26.01'20.45'20.00'20.00'20.00'27.63' 20.00'20.00'20.00'N0 0 ° 2 0 ' 5 2 " W 17 . 2 5 ' N89°39'09"E 95.27' 25.97'9.30' 5.52' N89°39'08"E 4.75' S89°39'09"W N0 0 ° 2 0 ' 5 2 " W 3 0 . 2 5 ' N0 0 ° 2 0 ' 5 2 " W 4 7 . 5 0 ' N0 0 ° 2 0 ' 5 2 " W 4 7 . 5 0 ' N0 0 ° 2 0 ' 5 2 " W 4 7 . 5 0 ' N0 0 ° 2 0 ' 5 2 " W 4 7 . 5 0 ' 7.41' N00°20'43"W N0 0 ° 1 3 ' 1 3 " W 9 4 . 0 0 ' N89°39'08"E 92.98' N89°39'08"E 92.98' N0 0 ° 1 3 ' 1 3 " W 9 7 . 0 0 ' 94 . 0 0 ' 1.51' 1.49' Δ=89°52'21"R=3.00'L=4.71' Δ=90°07'39"R=3.00'L=4.72' N0 0 ° 2 0 ' 5 2 " W 3 0 . 9 9 ' 4.78' S89°40'58"W N0 0 ° 1 9 ' 0 2 " W 17 . 0 1 ' N0 0 ° 0 7 ' 2 3 " W 17 . 8 0 ' 4.81' N89°52'37"E N0 0 ° 2 0 ' 5 2 " W 3 0 . 2 2 ' N89°36'37"E 118.77' N89°36'37"E 118.74' N89°39'08"E 135.45' N89°39'08"E 135.44' 20.45'20.00'20.00'20.00'20.00'27.56' 20.00'20.00'20.00'20.00'25.22'13.55' N0 0 ° 2 0 ' 5 2 " W 4 8 . 0 2 ' N0 0 ° 2 0 ' 5 2 " W 4 8 . 0 4 ' N0 0 ° 2 0 ' 5 2 " W 4 8 . 0 5 ' N0 0 ° 2 0 ' 5 2 " W 4 8 . 0 7 ' N0 0 ° 2 0 ' 5 2 " W 4 8 . 0 8 ' 3. 5 0 ' N0 0 ° 1 9 ' 1 3 " W 3. 5 0 ' N0 0 ° 1 8 ' 5 5 " W 14.11'N89°36'37"E 27.43'20.00'20.00'20.00'20.00'11.31' 20.00'20.00'20.00'20.00'22.55'7.36' 7.44' 25.52' N0 0 ° 2 0 ' 5 2 " W 4 7 . 9 8 ' N0 0 ° 2 0 ' 5 2 " W 4 7 . 9 6 ' N0 0 ° 2 0 ' 5 2 " W 4 7 . 9 5 ' N0 0 ° 2 0 ' 5 2 " W 4 7 . 9 3 ' N0 0 ° 2 0 ' 5 2 " W 4 7 . 9 2 ' N89°41'34"E 2627.84' 1313.92'1313.92' C 1/4 CORNER OF SECTION 23,T.3S., R.69W., OF THE 6TH P.M.(FOUND 3 1/4" BRASS CAP L.S.NO. 13212 IN RANGE BOX.)E 1/4 CORNER OF SECTION 23,T.3S., R.69W., OF THE 6TH P.M.(FOUND 3 1/4" BRASS CAP L.S.NO. 13212 IN RANGE BOX.) SE CORNER OF SECTION 23,T.3S., R.69W., OF THE 6TH P.M.(FOUND 3 1/4" BRASS CAP L.S.NO. 13212 IN RANGE BOX.) S 1/4 CORNER OF SECTION 23,T.3S., R.69W., OF THE 6TH P.M.(FOUND 3 1/4" BRASS CAP L.S.NO. 13212 IN RANGE BOX.) N0 0 ° 1 0 ' 1 4 " W 2 6 4 5 . 0 5 ' 13 2 2 . 5 3 ' 13 2 2 . 5 3 ' S0 0 ° 1 7 ' 4 7 " E 2 6 4 2 . 6 2 ' 13 2 1 . 3 1 ' 13 2 1 . 3 1 ' N89°39'59"E 1315.37'N89°39'5"E 1315.37' S0 0 ° 1 4 ' 0 0 " E 1 3 2 1 . 9 2 ' S0 0 ° 1 4 ' 0 0 " E 9 2 5 . 3 0 ' CALCULATED SE 1/16 CORNEROF SECTION 23, T.3S., R.69W., OF 13 2 . 0 0 ' UNPLATTED UNPLATTED UNPLATTED UP H A M S T R E E T (P U B L I C R . O . W . V A R I E S ) 40.00' 20.00' UN P L A T T E D UN P L A T T E D COMMENCEMENT POINT OF BEGINNING POINT OF S0 0 ° 1 4 ' 0 0 " E 1316.83' S89°38'24"E 2633.65' 1316.83' SOUTH LINE OF THE SE 1/4 OF SECTION 23, T.3S. ,R.69W., OF THE 6TH P.M. EA S T L I N E O F T H E S E 1 / 4 O F S E C T I O N 2 3 , T . 3 S . , R . 6 9 W . , O F T H E 6 T H P . M . NORTH LINE OF THE SE 1/4 OF SECTION 23, T.3S. ,R.69W., OF THE 6TH P.M. WE S T L I N E O F T H E S E 1 / 4 O F S E C T I O N 2 3 , T . 3 S . , R . 6 9 W . , O F T H E 6 T H P . M . N: 707021.66E: 119755.20 WHEAT RIDGE POINT #14709LAT: 39°46'35.8539" NLONG: 105°04'53.1524" WSTATE PLANE COORDINATESN: 1708037.64; E: 3117648.92WHEAT RIDGE CITY DATUMN: 708468.52; E: 118435.38 WHEAT RIDGE POINT #15709LAT: 39°46'09.7205" NLONG: 105°04'53.2076" WSTATE PLANE COORDINATESN: 1705393.28; E: 3117656.79WHEAT RIDGE CITY DATUMN: 705823.48; E: 118443.25 WHEAT RIDGE POINT #15809LAT: 39°46'09.7639" NLONG: 105°04'19.4871" WSTATE PLANE COORDINATESN: 1705409.82; E: 31120289.73WHEAT RIDGE CITY DATUMN: 705840.03; E: 121076.85 WHEAT RIDGE POINT #14809LAT: 39°46'35.8741" NLONG: 105°04'19.5029" W STATE PLANE COORDINATESN: 1708051.74; E: 3120276.06WHEAT RIDGE CITY DATUMN: 708482.61; E: 121063.18 (REC. NO. F1001145)(REC. NO. 05930068) (R E C . N O . 0 5 9 3 0 0 6 8 ) (REC. NO. 2018003341) ZONED: R3 ZONED: R3 ZONED: R3 Z O N E D : R 2 EA S T L I N E O F T H E E 1 / 2 O F T H E N W 1 / 4 O F T H E S W 1 / 4 O F TH E S E 1 / 4 O F S E C T I O N 2 3 , T . 3 S . , R . 6 9 W . , O F T H E 6 T H P . M . ( B A S I S O F B E A R I N G S ) Chd=N44°42'58"E 5.65' Chd=S45°17'02"E 4.25' Chd=N44°52'21"E 4.24' Chd=S45°17'02"E 5.66' Chd=N44°42'58"E 5.65' Chd=S45°17'02"E 5.66' Chd=N44°42'58"E 4.24' Chd=S45°17'02"E 4.25' S41 ° 5 0 ' 1 6 " W 1 9 6 0 . 9 1 ' N5 5 ° 1 3 ' 2 4 " W 1 6 0 7 . 7 4 ' N 4 8 ° 1 2 ' 0 5 " W 1 7 7 2 . 8 5 ' S3 7 ° 0 8 ' 2 2 " W 2 1 6 4 . 6 1 STATE PLANE COORDINATESN: 1706723.12; E: 3118967.86WHEAT RIDGE CITY DATUMN: 707153.66; E: 119754.67 (SET 3/4"x30" REBAR & 3 1/4"ALUMINUM CAP L.S. NO. 33202) ELEVATION: E:119452.82N:707019.90 N:706757.05E:119756.28 E:119453.83 N:706755.27 EXISTING PARCEL LINEHEREBY REMOVED BY THIS PLAT EXISTING PARCEL LINEHEREBY REMOVED BY THIS PLAT WA D S W O R T H B O U L E V A R D (P U B L I C R . O . W . V A R I E S ) PI E R C E S T R E E T (P U B L I C R . O . W . V A R I E S ) WEST 38TH AVENUE (PUBLIC R.O.W. VARIES) WEST 44TH AVENUE (PUBLIC R.O.W. VARIES) Z O N E D : R 3 UN P L A T T E D Z O N E D : R 3 UN P L A T T E D Z O N E D : R 3 TRACT H TRACT H TRACT B TRACT B 20.0'20.0' EX I S T I N G P A R C E L L I N E HE R E B Y R E M O V E D B Y T H I S P L A T TRACT D RIDGETOP VILLAGE SUBDIVISION FILING NO. 1 SITUATED IN THE SOUTHEAST 1/4 OF SECTION 23, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO Scale: 1" = 20' 0 6 2 12 20 40 30 Project No.:Survey No.:Date:Revised: C I V I L E N G I N E E R S | L A N D S U R V E Y O R S 14190 East Evans Avenue Aurora, Colorado 80014 engineeringserviceco.com P 303.337.1393 F 303.337.7481 T/F 1.877.273.0659Creative Solutions Since 1954 ENGINEERING SERVICE COMPANY 18159-P 1313.1 10/04/2018 12/27/2018 LEGEND SET 3/4"x30" PIN & 2" ALUMINUMCAP L.S. NO. 33202UNLESS OTHERWISE NOTED PLAT BOUNDARY LINE ADJACENT R.O.W./LOT/PARCEL LINES R.O.W./LOT LINE HEREBY CREATED BY THIS PLAT CENTER LINE RIGHT-OF-WAYR.O.W. LAND SURVEYOR NUMBERL.S. NO. SECTION CORNER SECTION LINE PROPOSED LOT LAYOUTSHEET 2 OF 3 TIE LINE EXISTING PARCEL LINE HEREBY REMOVEDBY THIS PLAT CASE HISTORY WZ-18-17WZ-18-18 REVISION BLOCK INITIAL PREPERATION 1ST REVISION 10/24/18 11/29/18 WS-18-02 2ND REVISION 12/07/18 3RD REVISION 12/27/18 LOT 1 LOT 2 TRACT A TRACT D LO T 3 LO T 4 LO T 5 LO T 6 LO T 7 LO T 8 LO T 9 LO T 1 0 LO T 1 1 TRACT B LOT 12 LOT 14 LOT 13 LOT 15 TRACT C TRACT E TRACT F TRACT G TRACT H LO T 1 6 LO T 1 7 LO T 1 8 LO T 1 9 LO T 2 0 LOT 21 LO T 2 2 LO T 2 3 LO T 2 4 LO T 2 5 LO T 2 6 LOT 27 LOT 28 LOT 29 LO T 3 0 LO T 3 1 LO T 3 2 LO T 3 3 LO T 3 4 LO T 3 5 LO T 3 7 LO T 3 6 LO T 3 8 TRACT C TRACT I R. O . W . H E R E B Y D E D I C A T E D BY T H I S P L A T 6. 5 ' R . O . W . H E R E B Y D E D I C A T E D BY T H I S P L A T N89°39'59"E 308.89' S0 0 ° 1 4 ' 0 0 " E 2 6 4 . 6 1 ' S89°39'47"W 328.96' N0 0 ° 1 3 ' 0 9 " W 5 5 . 0 0 ' 20.00' N89°39'47"E N0 0 ° 1 3 ' 0 9 " W 2 0 9 . 6 3 ' EXISTING 22' SANITARY SEWER EASEMENTTO REMAIN EXISTING 30' DENVER WATER EASEMENTTO REMAIN UNPLATTED UNPLATTED UNPLATTED UP H A M S T R E E T (P U B L I C R . O . W . V A R I E S ) 40.00' 20.00' UN P L A T T E D UN P L A T T E D (REC. NO. F1001145)(REC. NO. 05930068) (R E C . N O . 0 5 9 3 0 0 6 8 ) (REC. NO. 2018003341) ZONED: R3 ZONED: R3 ZONED: R3 Z O N E D : R 2 EA S T L I N E O F T H E E 1 / 2 O F T H E N W 1 / 4 O F T H E S W 1 / 4 O F TH E S E 1 / 4 O F S E C T I O N 2 3 , T . 3 S . , R . 6 9 W . , O F T H E 6 T H P . M . (REC. NO. ) EXISTING 30' DENVER WATER EASEMENTTO REMAIN(REC. NO. ) EXISTING 30' DENVER WATER EASEMENTTO REMAIN(REC. NO. ) (REC. NO. ) EXISTING 22' SANITARY SEWER EASEMENTTO REMAIN(REC. NO. ) EXISTING 22' SANITARY SEWER EASEMENTTO REMAIN(REC. NO. ) Z O N E D : R 3 UN P L A T T E D Z O N E D : R 3 UN P L A T T E D Z O N E D : R 3 55 . 2 8 ' L2 8 L27 L25 L2 4 L23 C2 L8 C1 L2 2 L21 L2 0 L2 6 L19 L1 8 L17 L1 6 C 4 L1 5 C3L1 4 L13 L1 2 L11 L1 0 L7 L6 L5 L4 L3 L 2 L1 L31 L3 0 L29L9 20.0'20.0' TRACT D 1 . 0 0 ' 1 . 0 0 ' 0 . 3 4 ' 0 . 5 0 ' 0 . 5 0 ' DRAINAGE EASEMENT(SEE DETAIL "A") DRAINAGE EASEMENT(SEE DETAIL "B") LOT 11 LOT 21 S00°14'00"E 2.37' N89°46'04"E 7.47' S0 0 ° 1 4 ' 0 0 " E 2 1 . 3 3 ' N0 0 ° 1 3 ' 5 6 " W 2 1 . 3 3 ' S89°46'04"W 7.47' LOT 27 LOT 38 N89°39'08"E 7.47' S0 0 ° 1 4 ' 0 0 " E 2 5 . 0 0 ' N0 0 ° 1 3 ' 5 6 " W 2 5 . 0 0 ' S89°39'08"W 7.47' S00°14'00"E 0.54' RIDGETOP VILLAGE SUBDIVISION FILING NO. 1 SITUATED IN THE SOUTHEAST 1/4 OF SECTION 23, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO Scale: 1" = 20' 0 6 2 12 20 40 30 Project No.:Survey No.:Date:Revised: C I V I L E N G I N E E R S | L A N D S U R V E Y O R S 14190 East Evans Avenue Aurora, Colorado 80014 engineeringserviceco.com P 303.337.1393 F 303.337.7481 T/F 1.877.273.0659Creative Solutions Since 1954 ENGINEERING SERVICE COMPANY 18159-P 1313.1 10/04/2018 12/27/2018 LEGEND SET 3/4"x30" PIN & 2" ALUMINUMCAP L.S. NO. 33202UNLESS OTHERWISE NOTED PLAT BOUNDARY LINE ADJACENT R.O.W./LOT/PARCEL LINES LOT LINE HEREBY CREATED BY THIS PLAT EXISTING DENVER WATER EASEMENT LINE RIGHT-OF-WAYR.O.W. CENTER LINE EASEMENT LAYOUTSHEET 3 OF 3 EXISTING SANITARY SEWER EASEMENT LINE CASE HISTORY WZ-18-17WZ-18-18 REVISION BLOCK INITIAL PREPERATION 1ST REVISION 10/24/18 11/29/18 WS-18-02 62.92'40.00'90°07'39"S45°17'02"E 56.63' 62.74'40.00'89°52'21"S44°42'58"W 56.51' 11.55'10.00'66°10'36"N32°52'06"E 10.92' 1.53'10.00'8°45'16"N04°35'51"W 1.53' LINE BEARING DISTANCEL1 S89°39'08"W 14.86' L2 N00°20'52"W 8.50' L3 S89°39'08"W 113.00' L4 S00°13'13"E 6.03'L5 S89°46'47"W 5.98'L6 N00°13'09"W 36.02' L7 N89°39'08"E 123.89' L8 S00°13'13"E 74.00' L9 S89°39'08"W 124.07' L10 N00°13'09"W 30.00'L11 N89°39'08"E 118.02'L12 N00°20'52"W 8.50' L13 N89°39'08"E 10.00' L14 S00°20'52"E 7.66' L15 N00°13'13"W 74.00' DENVER WATER EASEMENTLINE TABLE LINE BEARING DISTANCEL16 N00°13'13"W 179.50' L17 S89°39'08"W 49.00' L18 N00°13'09"W 25.00' L19 N89°39'08"E 49.00'L20 N00°13'13"W 50.50'L21 N89°39'08"E 22.00' L22 S00°13'13"E 50.00' L23 N89°39'08"E 231.40' L24 S00°14'00"E 25.00' L25 S89°39'06"W 231.41' L26 S00°13'13"E 105.00'L27 N89°39'08"E 231.44'L28 S00°14'00"E 25.00' L29 S89°39'08"W 231.44' L30 S00°13'13"E 50.00' L31 S89°39'08"W 22.00' SANITARY SEWER EASEMENTLINE TABLE LENGTH CURVE DATA TABLE DELTACOURSE C1 RADIUS Chd BEARING Chd LENGTH C2 C3 C4 DENVER WATER EASEMENT 2ND REVISION 12/07/18 DETAIL "A" DRAINAGE EASEMENTSCALE:1"=20' DETAIL "B" DRAINAGE EASEMENTSCALE:1"=20' 3RD REVISION 12/27/18 Planning Commission 33 Case Nos. WZ-18-17, WZ-18-18, WS-18-02 / Ridgetop Village NEIGHBORHOOD MEETING NOTES Meeting Date: January 16, 2018 Attending Staff: Lauren Mikulak, Planning Manager Zack Wallace Mendez, Planner II Location of Meeting: Wheat Ridge Municipal Center, Police Training Room Property Address: 4000-4066 Upham Street Property Owner(s): Nodef Colorado Inc. Property Owner(s) Present? No Applicant: Tony Del Grippo and Neil Shea Applicant Present? Yes Existing Zoning: Residential-Three (R-3) Existing Comp. Plan: Neighborhood Existing Site Conditions: The subject properties are located on the east side of Upham Street between W. 38th Avenue and W. 44th Avenue. There are a total of four lots, each containing a single family home. The lots are zoned Residential-Three (R-3). According the Jefferson County Assessor, the four lots are under single ownership and collectively total approximately 87,000 square feet or 2 acres in size. To the east are two JeffCo Public Schools: Stevens Elementary and Sobesky Academy. To the north is a 2.5 story apartment building built in 1960. Further north along Upham are a mix of single-family homes and duplexes. Across Upham Street to the west are three mid-century apartment complexes and a single family home; these properties, and properties to the south, are also zoned R-3. The 38th Avenue corridor to the south is zoned for mixed-use development and West End 38, a four-story apartment building with a retail component, is expected to break ground soon between Upham and Vance Streets. Applicant Preliminary Proposal: The applicant would like to rezone and subdivide the property to develop townhomes. (The proposed site plan shows 44 units, though the applicant acknowledged this number will need to be reduced.) The existing four homes would be demolished. The proposed site plan gains access from Upham Street at a centered entrance, with homes facing Upham Street on either side. Interior homes are EXHIBIT 11: NEIGHBORHOOD MEETING Planning Commission 34 Case Nos. WZ-18-17, WZ-18-18, WS-18-02 / Ridgetop Village shown to be oriented east-west. The central homes are proposed to face a large landscape area that is centered on the site to the entrance. Garages would be accessed through a network of internal alleys. Pedestrian access would be to the front of the homes, with a network of internal sidewalks. A detention area for drainage is proposed at the east of the site. The homes are proposed to be three stories with garage access on the first floor. Each building would contain 4-5 townhomes. The applicant noted the possibility of private patios or decks on the first or second floor which would face the landscaped areas. The homes would be on individual parcels and would be a for-sale product. The following is a summary of the neighborhood meeting: • In addition to the applicant and staff, nine members of the public attended the meeting. • Staff discussed the site, its zoning and future land use. • The applicant and members of the public were informed of the process for a planned development zone change. • The members of the public were informed of their opportunity to make comments during the process and at the public hearing, if required. The following issues were discussed regarding the proposed development: • In general, attendees were interested in understanding why the zone change was desired, if there would be redevelopment, and what the applicant’s long-term plans are for the property. Three attendees were supportive of the request. Two attendees were neutral. Some expressed distrust of the applicant’s intentions, expressed concern that 44th Avenue would become overdeveloped, and expressed concern regarding multi-story infill development that was occurring in East Wheat Ridge. • Will the units be for rent or for sale? The units will be for sale product. • How much will the units sell for? The applicant stated he believes they will be priced in the mid-400s, based on current market conditions. • Will there be visitor parking? Yes, the City requires visitor parking spaces be provided for project of this nature. • A neighbor expressed concern over the current condition of the property, code violations, and any involvement of the current owner in the redevelopment plans. The applicant stated the current owner would not be involved in the redevelopment. Staff added that Code Enforcement should be notified of any code violation concerns. • What are the proposed setbacks along Upham Street? Current standards, under the R-3 zoning require a 25-foot setback. The applicant stated they would likely propose a similar setback, as they would like to provide private front yard space for the units in lieu of the typical rooftop decks seen in recent developments in Denver. The units will not be pushed up to the sidewalk. • How tall will the units be? Planning Commission 35 Case Nos. WZ-18-17, WZ-18-18, WS-18-02 / Ridgetop Village Current standards, under the R-3 zoning allow up to 35 foot tall structures. Due to fire department requirements the applicant stated they will aim to keep the units at 30 feet. • Are there any plans for the City to widen Upham Street? The applicant will be required to dedicate a portion of their land to ensure Upham Street is adequately sized for today’s street section standards. This, however, will not add any travel lanes to Upham. • What will the lighting be like on the property? Lighting will be placed to ensure safety, but is required to be downcast. The City Code requires that light not spill over property lines. • Are there any plans for fencing the property, especially along the south side adjacent to the single-family residential? There will likely be a 6-foot tall solid wood fence there. • Timeline for the project? The applicant stated they are in the very early stages of development. Best case scenario the applicant would start construction in 2019, with construction being phased and lasting approximately 2 years. • Will this be a covenant controlled community? The property will be maintained by an HOA, yes. • Will any of these units be turned into rentals? Due to FHA loan requirements, the developer cannot sell to more than a certain number of investors (LLCs). However, they cannot guarantee people will not rent them out, so it is likely a few units will be turned into rentals after they are sold. Aside from the neighbors at the meeting, staff received no comment from others in the area regarding the proposal in association with the neighborhood meeting. Planning Commission 36 Case Nos. WZ-18-17, WZ-18-18, WS-18-02 / Ridgetop Village see attached EXHIBIT 12: PUBLIC COMMENT ATTACHMENT 3 ATTACHMENT 4 ITEM NO: DATE: April 8, 2019 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 19-2019 – A RESOLUTION APPROVING A SPECIFIC DEVELOPMENT PLAN (SDP) FOR PROPERTY LOCATED AT 4000-4066 UPHAM STREET (CASE NO. WZ-18-18 / RIDGETOP VILLAGE) PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO _______________________________ _____________________________________ Community Development Director City Manager ISSUE: The applicant is requesting approval of a Specific Development Plan (SDP) for property located at 4000 to 4066 Upham Street. Approval of an SDP is the second step in the City’s approval process for a Planned Residential Development; it provides site plan and design details for the subject property. PRIOR ACTION: Planning Commission heard this request at a public hearing on February 7, 2019. Planning Commission gave a recommendation of approval for the SDP for the following reasons: 1. The specific development plan is consistent with the purpose of a planned development, as stated in Section 26-301 of the Code of Laws. 2. The specific development plan is consistent with the intent and purpose of the outline development plan. 3. The proposed uses are consistent with those approved by the outline development plan. 4. All responding agencies have indicated they can serve the property with improvements installed at the developers’ expense. 5. The specific development plan is in substantial compliance with the applicable standards set forth in the outline development plan and with the City’s adopted design manuals. Council Action Form – 4000-4066 Upham Street – SDP April 8, 2019 Page 2 With the following conditions: 1. All minor corrections occur prior to City Council public hearing. 2. Prior to SDP and subdivision recordation the applicant enters into a formal agreement with any necessary easements with Jefferson County Public Schools as required by the City. All minor corrections have been addressed, so the first condition is not included in City Council’s recommended motion. The second condition is recommended as part of the subdivision approval. The staff report and meeting minutes from the February 7 Planning Commission (PC) meeting are attached to the preceding CAF for Council Bill 02-2019. FINANCIAL IMPACT: Fees in the amount of $1,500.00 were collected for the review and processing of Case No. WZ-18-18. Parkland fees in lieu of land dedication in the amount of $84,907.86 will be paid prior to the issuance of any building permits, as will typical building permit fees and associated use tax. BACKGROUND: For background information regarding the property, please refer to the Council Action Form for Council Bill 02-2019 which relates to the proposed rezoning and Outline Development Plan (ODP). The ODP includes general development parameters, whereas the Specific Development (SDP) provides details regarding site design, building design, landscaping, lighting, and utilities. Key components of the site design are described here. The SDP plan set as well as colored three- dimensional renderings are included with the Planning Commission staff report. Proposed Development Site Design The 38 proposed townhomes are distributed among nine buildings ranging in size from two to six units. There is some variety among unit widths, but the applicant has modified the design to ensure that all units accommodate a standard width, alley-loaded, two-car garage. In addition, all townhomes have front yards, which is a unique feature amid the townhome developments the City has recently reviewed. Landscaping / Open Space The alleys are arranged in a grid and are designed at the minimum possible width to allow more open space elsewhere in front yards and in a central community park. The central park feature and emphasis on open space distinguish this project and are best illustrated in the colored renderings attached to the PC report. The project exceeds the minimum requirements in terms of plant material with 8 street trees along Upham and 42 trees within the site (where only 25 are required by code). Landscape areas include a mix of sod and planting beds. The SDP prescribes the landscaping in the “public” areas including along walking paths, along the perimeter, and within the park. All front yards include patios and landscape beds and may be further customized to include additional patio space or dog-friendly artificial turf. Council Action Form – 4000-4066 Upham Street – SDP April 8, 2019 Page 3 Parking The project provides 76 garage spaces, 9 off-street visitor spaces (including one accessible space), and 8 on-street spaces for a total of 93 spaces in and adjacent to the site. The applicant has responded to staff requests to reduce the size of the central park in order to provide off-street spaces. The developer will be responsible for constructing curb, gutter, and attached sidewalk along Upham where none exists today, and the consolidation of four existing driveways to two increases the existing on-street parking by two spaces. Architecture The townhomes are proposed to be three stories in height, and the architectural style is intended to include traditional and contemporary design features with elements of mid-century modern design. The elevations include abundant windows, and variations in the roofline include shed and gable designs. Materials include brick with horizontal and vertical siding. Colors palettes vary to provide interest among the buildings, including two different bricks and several siding and accent colors. Front elevations have variation in plane depth through offsets in the building façade, recessed entries and window bays, and incorporation of balconies. Publicly visible side and rear elevations, including those adjacent to the central park and to Upham also feature enhanced elevations with additional material changes and inset garage doors. Drainage The site is relatively flat and there is no storm sewer in Upham Street, so the applicant has worked closely with Jeffco Public Schools to coordinate shared use of an existing detention facility immediately east of the site on the school district’s property. The school district has provided written consent to this arrangement and an access and maintenance agreement is prepared to be executed if the project is approved by the City. The developer will be responsible for slight modifications to the existing detention design to accommodate the additional volume from the townhome project. SDP Criteria for Review The request appears to comply with the SDP criteria in Section 26-305 of the code, and staff makes the following findings based on the criteria: • The proposed specific development plan is consistent with the purpose of a planned development. The purpose of utilizing planned development zoning is to provide flexibility while accommodating well-designed, innovative developments that demonstrate efficient use of land and may not be feasible under a standard zone district. The SDP achieves these goals and proposes a particularly unique townhome development with an emphasis on front yard and shared open space that promotes a neighborhood-like character within the development. • The proposed specific development plan is consistent with the design intent or purpose of the approved outline development plan. • The proposed uses indicated in the specific development plan are consistent with the uses approved by the outline development plan. Council Action Form – 4000-4066 Upham Street – SDP April 8, 2019 Page 4 • The site is appropriately designed and is consistent with the development guidelines established in the outline development plan. • Adequate infrastructure/facilities are available to serve the subject property, or the applicant will upgrade and provide such where they do not exist or are under capacity. • The proposed specific development plan is in substantial compliance with the applicable standards set forth in the Architectural and Site Design Manual, Streetscape Design Manual, and other applicable design standards. RECOMMENDATIONS: Based on compliance with the SDP review criteria, staff is recommending approval of this request. RECOMMENDED MOTION: “I move to approve Resolution No. 19-2019, a resolution approving a Specific Development Plan for property located at 4000-4066 Upham Street, for the following reasons: 1. City Council has conducted a proper public hearing that meets all public notice requirements as required by Section 26-109 of the Code of Laws. 2. The proposed Specific Development Plan has been reviewed by the Planning Commission, which has forwarded its recommendation of approval. 3. All requirements of a Specific Development Plan have been met. Or, “I move to deny Resolution No. 19-2019, a resolution approving a Specific Development Plan for property located at 4000-4066 Upham Street,, for the following reasons: 1. 2. 3. ” REPORT PREPARED/REVIEWED BY: Lauren Mikulak, Planning Manager Kenneth Johnstone, Community Development Director Patrick Goff, City Manager ATTACHMENTS: 1. Resolution No. 19-2019 ATTACHMENT 1 CITY OF WHEAT RIDGE RESOLUTION NO. 19 Series of 2019 TITLE: A RESOLUTION APPROVING A SPECIFIC DEVELOPMENT PLAN FOR PROPERTY LOCATED AT 4000-4066 UPHAM STREET (CASE NO. WZ-18-18 / RIDGETOP VILLAGE) 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, Upham Partners, LLC submitted a land use application for approval of a Specific Development Plan for property at 4000, 4042, 4062, and 4066 Upham Street; and, WHEREAS, the Specific Development Plan will allow for reinvestment in the community and provisions of townhomes that fulfill a key value of the Comprehensive Plan by diversifying the housing stock; and, WHEREAS, all requirements for a Specific Development Plan have been met; and, WHEREAS, the City Council has conducted a public hearing complying with all public notice requirements as required by Section 26-109 of the Code of Laws. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, AS FOLLOWS: THE SPECIFIC DEVELOPMENT PLAN FOR PROPERTY LOCATED AT 4000-4066 UPHAM STREET (CASE NO. WZ-18-18 / RIDGETOP VILLAGE) 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 Section 26-407 of the Code of Laws. 2. The proposed Specific Development Plan has been reviewed by the Planning Commission, which has forwarded its recommendation of approval. 3. All requirements of a Specific Development Plan have been met. DONE AND RESOLVED by the City Council this 8th day of April, 2019. ______________________________________ Bud Starker, Mayor ATTEST: _______________________________________ Janelle Shaver, City Clerk ITEM NO: DATE: April 8, 2019 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 20-2019 – A RESOLUTION APPROVING A MAJOR SUBDIVISION FOR PROPERTY LOCATED AT 4000- 4066 UPHAM STREET (CASE NO. WS-18-02 / RIDGETOP VILLAGE) PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO _______________________________ _____________________________________ Community Development Director City Manager ISSUE: The applicant is requesting approval of a major subdivision for property located at 4000 to 4066 Upham Street. The purpose of this request is to establish lot lines, tracts, easements, and right-of-way dedications for the proposed townhome development. PRIOR ACTION: Planning Commission heard this request at a public hearing on February 7, 2019. Planning Commission gave a recommendation of approval for the subdivision plat for the following reasons: 1. All requirements of the subdivision regulations have been met. 2. The plat is consistent with zoning on the property. 3. Utility districts can serve the property with improvements installed at the developer’s expense. With the following conditions: 1. Sheet 2 shall be updated prior to the City Council public hearing to remove the existing parcel line between 4062 and 4066 Upham Street. 2. Note 4 shall be updated prior to recordation to indicate the current zoning as PRD. Council Action Form – 4000-4066 Upham Street – Subdivision April 8, 2019 Page 2 3. The applicant shall continue to coordinate utility service with the appropriate agencies and any updated information regarding dry utility easements shall be reflected on the plat at recordation. 4. The developer shall enter into a subdivision improvement agreement prior to recordation of the subdivision plat. 5. The developer shall pay parks fees at the time of plat recording in the amount of $84,907.86. 6. The Homeowners’ Association covenants and/or metropolitan district service plan shall be reviewed by Staff prior to issuance of a building permit. 7. All minor corrections occur prior to City Council public hearing. 8. Prior to SDP and subdivision recordation the applicant enters into a formal agreement with any necessary easements with Jefferson County Public Schools as required by the City. Some conditions have been addressed by the applicant, and those which have been addressed are not included in City Council’s recommended motion. The staff report and meeting minutes from the February 7 Planning Commission meeting are attached to the preceding CAF for Council Bill 02-2019. FINANCIAL IMPACT: Fees in the amount of $1,400 were collected for the review and processing of Case No. WS-18-02. Park land fees in lieu of land dedication in the amount of $84,907.86 will be due prior to issuance of building permits. Building permit fees and use tax will be paid for each of the townhome building permits. BACKGROUND: Please refer to the Council Action Form for Council Bill 02-2019 for background information regarding the property. The subdivision plat prepares land for development by establishing lot lines, dedicating right-of-way, and establishing easements. Key components of the subdivision are described here. The three-page plat document is included with the Planning Commission staff report. Lot Configuration The proposed lot layout corresponds to the SDP with establishment of 38 townhome lots. Because of the proposed yard spaces, the lots are larger than the building footprints, and several lots are irregular in shape or oversized because they include additional side yard space. A plat note on the cover sheet restricts the property from being developed as anything other than attached townhomes. Tract Configuration A series of nine tracts are established for a variety of purposes in the development. The purpose of each tract is noted in a table on sheet one of the plat. The tracts accommodate sidewalks, plantings, alleys, parking, the community park, and the right-of-way (ROW) dedication along Upham Street. Council Action Form – 4000-4066 Upham Street – Subdivision April 8, 2019 Page 3 The ROW dedication will accommodate construction of the City’s local street standard, including on-street parking, curb, gutter, and an attached 5-foot sidewalk. The southern portion of the ROW dedication is wider and effectively dedicates the eastern half of Upham Street because it was never officially deeded to the City and has existed as a prescriptive easement. Easements The third sheet of the proposed subdivision shows the easements that traverse the site. Wheat Ridge is not a full-service city, so the applicant has been actively working with utility providers to identify where wet and dry utility service will be located. Some easements are shown on the plat, and some will be created by separate document. Drainage easements are provided at the far eastern end of the property where inlet structures convey flows to the offsite detention facility. A note on the cover sheet provides a blanket cross access easement over all tracts within the property boundary, including for alleys, sidewalks and the park. Homeowners’ Association / Metropolitan District The City typically requires formation of a Homeowners’ Association (HOA) to maintain tracts within a subdivision. A standard condition of approval requires staff review of HOA covenants to ensure maintenance of common areas and drainage. The applicant has been working to form a metropolitan district to serve this function. Formation of such a district would be subject to City Council review and approval; review of the service plan is tentatively scheduled for May 2019. Fees in Lieu of Parkland Pursuant to Section 26-414 of the Code of Laws, parkland dedication is required for all new residential subdivisions. When land is not dedicated for a public park, a fee in lieu of parkland is required. The park for the project is not a public park and does not fulfill this requirement. Credit is given, however, for the four pre-existing single-family homes, so the total fee owed will be $84,907.86. This fee is required to be paid at the time of plat recording as a condition of approval. RECOMMENDATIONS: A subdivision plat is a technical document and review is a ministerial action. The plat complies with the requirements of the subdivision regulations (Article VII in Chapter 26 of the Municipal Code) and is consistent with the proposed ODP and SDP. For that reason, staff is recommending approval of the request. RECOMMENDED MOTION: “I move to approve Resolution No. 20-2019, a resolution approving a major subdivision for property located at 4000-4066 Upham Street, for the following reasons: 1. City Council has conducted a proper public hearing that meets all public notice requirements as required by Section 26-109 and 26-407 of the Code of Laws. 2. The requested subdivision has been reviewed by the Planning Commission, which has forwarded its recommendation of approval. 3. The subdivision plat has been found in compliance with Article IV of Chapter 26 of the Code of Laws. Council Action Form – 4000-4066 Upham Street – Subdivision April 8, 2019 Page 4 4. All agencies can provide services to the property with improvements installed at the developer’s expense. and with the following conditions: 1. Note 4 shall be updated prior to recordation to indicate the zoning as PRD. 2. The applicant shall continue to coordinate utility service with the appropriate agencies and any updated information regarding dry utility easements shall be reflected on the plat at recordation. 3. The developer shall enter into a subdivision improvement agreement prior to recordation of the subdivision plat. 4. The developer shall pay parks fees at the time of plat recording in the amount of $84,907.86. 5. The Homeowners’ Association covenants and/or metropolitan district service plan shall be reviewed by Staff prior to issuance of a building permit. 6. Prior to recordation the applicant shall enter into a formal agreement with Jefferson County Public Schools as required by the City. Or, “I move to deny Resolution No. 20-2019, a resolution approving a major subdivision for property located at 4000-4066 Upham Street,, for the following reasons: 1. 2. 3. ” REPORT PREPARED/REVIEWED BY: Lauren Mikulak, Planning Manager Kenneth Johnstone, Community Development Director Patrick Goff, City Manager ATTACHMENTS: 1. Resolution No. 20-2019 CITY OF WHEAT RIDGE, COLORADO Resolution No. 20 Series of 2019 TITLE: A RESOLUTION APPROVING A MAJOR SUBDIVISION PLAT FOR PROPERTY LOCATED AT 4000-4066 UPHAM STREET (CASE NO. WS-18-02 / RIDGETOP VILLAGE) WHEREAS, Chapter 26, Articles I and IV of the Wheat Ridge Code of Laws establish the procedures for the City’s review and approval of variance requests and subdivision plats; and, WHEREAS, an application for a subdivision plat was received from Upham Partners, LLC to subdivide property located at the 4000-4066 Upham Street; and, WHEREAS, all referral agencies have reviewed the request and do not have concerns; and, WHEREAS, the City Council has conducted a public hearing complying with all public notice requirements as required by Section 26-109 of the Code of Laws. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows: A MAJOR SUBDIVISION PLAT FOR PROPERTY LOCATED AT 4000-4066 UPHAM STREET IS HEREBY APPROVED, FOR THE FOLLOWING REASONS: 1. City Council has conducted a proper public hearing that meets all public notice requirements as required by Section 26-109 and 26-407 of the Code of Laws. 2. The requested subdivision has been reviewed by the Planning Commission, which has forwarded its recommendation. 3. The subdivision plat has been found in compliance with Article IV of Chapter 26 of the Code of Laws. 4. All agencies can provide services to the property with improvements installed at the developer’s expense. and with the following conditions: 1. Note 4 shall be updated prior to recordation to indicate the zoning as PRD. 2. The applicant shall continue to coordinate utility service with the appropriate agencies and any updated information regarding dry utility easements shall be reflected on the plat at recordation. 3. The developer shall enter into a subdivision improvement agreement prior to recordation of the subdivision plat. 4. The developer shall pay parks fees at the time of plat recording in the amount of $84,907.86. 5. The Homeowners’ Association covenants and/or metropolitan district service plan shall be reviewed by Staff prior to issuance of a building permit. ATTACHMENT 1 6. Prior to recordation the applicant shall enter into a formal agreement with Jefferson County Public Schools as required by the City. DONE AND RESOLVED by the City Council this 8th day of April, 2019. _____________________________ Bud Starker, Mayor ATTEST: _________________________ Janelle Shaver, City Clerk ITEM NO: DATE: April 8, 2019 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 03-2019 – AN ORDINANCE AMENDING SECTIONS 2-53 AND 11-52.5 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING APPOINTEES TO BOARDS AND COMMISSIONS AND THE LIQUOR LICENSING AUTHORITY PUBLIC HEARING ORDINANCES FOR 1ST READING (02/25/2019) BIDS/MOTIONS ORDINANCES FOR 2ND READING (04/08/2019) RESOLUTIONS (rescheduled from 03/25/2019) QUASI-JUDICIAL: YES NO City Attorney City Manager ISSUE: Consideration of an ordinance permitting the Council to appoint out-of-district members to the local liquor licensing authority in the event that no qualified in-district residents apply, and requiring in-district appointments, if available, for all boards and commissions upon the expiration or vacation of an out-of-district member’s term. PRIOR ACTION: A consensus was reached by City Council at the February 4, 2019 study session to direct the City Attorney to draft this ordinance. FINANCIAL IMPACT: None BACKGROUND: Recently, and at various times in the past, there have been occasions when no applications have been received from qualified members of the public for various boards and commissions and the liquor authority, because the applicant(s) does not reside in the particular Council district in Council Action Form – Appointments to Liquor Authority April 8, 2019 Page 2 which the vacancy occurs. Code section 2-53 already permits Council to make an out-of-district appointment in such cases, but section 11-52.5 does not. This ordinance gives Council the same authority in making liquor board appointments as it has for boards’ and commissions’ appointments. Additionally, the ordinance makes it clear that, in the event an out-of-district appointment for the authority or a board or commission seat is necessitated by the lack of in-district applicants, the reappointment of said out-of-district appointee will not occur if eligible in-district applicants are available. RECOMMENDATIONS: Adopt the attached ordinance on second reading. RECOMMENDED MOTION: “I move to amend Section 4 of Council Bill No. 03-2019, an ordinance amending Sections 2-53 and 11-52.5 of the Wheat Ridge Code of Laws concerning appointees to Boards and Commissions and to the Liquor Licensing Authority by providing for the ordinance to be effective immediately, and as amended on second reading, to adopt the same.” Or, “I move to postpone indefinitely Council Bill No. 03-2019, an ordinance amending Sections 2- 53 and 11-52.5 of the Wheat Ridge Code of Laws concerning appointees to Boards and Commissions and to the Liquor Licensing Authority for the following reason(s): __________________________________________________________.” REPORT PREPARED/REVIEWED BY: Gerald Dahl, City Attorney Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No. 03-2019 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER URBAN COUNCIL BILL NO. 03 ORDINANCE NO. _________ Series 2019 TITLE: AN ORDINANCE AMENDING SECTIONS 2-53 AND 11-52.5 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING APPOINTEES TO THE BOARDS AND COMMISSIONS AND THE LIQUOR LICENSING AUTHORITY WHEREAS, the City of Wheat Ridge (the “City”) 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 § 31-23-101, C.R.S., 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 therefore has adopted the Wheat Ridge Code of Laws (the “Code”); and WHEREAS, the Council previously enacted Code § 2-53, concerning the appointments to City Boards and Commissions, and Code § 11-52.5, establishing its local liquor licensing authority (the “Authority”) and providing for the appointment of members thereto; and WHEREAS, the Council now wishes to amend the Code to permit the appointment of non-district members to the Authority and confirming the preference for district representation upon re-appointment for all boards, commissions and the Authority. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Subsection 2-53(c) of the Wheat Ridge Code of Laws concerning appointment of board and commission members is hereby amended as follows: Sec. 2-53. Qualifications of members; appointment and term; removal; vacancies. (c) Members of boards and commissions shall serve terms of three (3) years, and such members may be reappointed to serve additional three-year terms of office. All appointments to all boards and commissions shall be made to achieve equal representation from each council district to each board or commission. If, after reasonable advertisement, no applications are received from residents within the relevant council district for a vacancy on any board or commission, the council may appoint any otherwise qualified resident. UPON THE VACATION OR EXPIRATION OF AN OUT-OF-DISTRICT MEMBER’S INITIAL TERM, THE COUNCIL SHALL NOT REAPPOINT SAID MEMBER UNLESS NO QUALIFIED IN-DISTRICT RESIDENTS HAVE ATTACHMENT 1 APPLIED FOR THAT SEAT ON THE BOARD OR COMMISSION. Except as provided HEREIN AND in subsection (e) hereof, all members of boards or commissions presently serving shall be entitled to complete the terms for which they were appointed and shall be subject to reappointment at the discretion of city council. Section 2. Subsection 11-52.5(b) of the Wheat Ridge Code of Laws concerning Authority members’ appointments is hereby amended as follows: Sec. 11-52.5. - Liquor licensing authority established. (b) The licensing authority for the City of Wheat Ridge shall consist of eight (8) qualified electors of the city, two (2) from each of the four (4) council districts of the city, who shall be appointed by the city council. IF, AFTER REASONABLE ADVERTISEMENT, NO APPLICATIONS ARE RECEIVED FROM RESIDENTS WITHIN THE RELEVANT COUNCIL DISTRICT FOR A VACANCY ON THE LIQUOR LICENSING AUTHORITY, THE COUNCIL MAY APPOINT ANY OTHERWISE QUALIFIED RESIDENT. UPON THE VACATION OR EXPIRATION OF AN OUT-OF-DISTRICT MEMBER’S INITIAL TERM, THE COUNCIL SHALL NOT REAPPOINT SAID MEMBER UNLESS NO QUALIFIED IN-DISTRICT RESIDENTS HAVE APPLIED FOR THAT SEAT ON THE LIQUOR LICENSING AUTHORITY. In order to stagger the terms of the licensing authority members, one of the first two (2) members REPRESENTING from each council district shall be appointed for a three-year term and one shall be appointed for a two-year term. The length of term for the first licensing authority members shall be determined by lot. Except in the event that a member is appointed to fill a vacancy as provided in subsection (j), all subsequent appointments shall be for three-year terms. Section 3. 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 4. Effective Date. This Ordinance shall take effect fifteen (15) days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 7 to 0 on this 25th day of February, 2019, 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 March 25, 2019, rescheduled to April 8, 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 ______________, 2019. SIGNED by the Mayor on this _____ day of ____________, 2019. _________________________ Bud Starker, Mayor ATTEST: _________________________ Janelle Shaver, City Clerk Approved as to Form _________________________ Gerald E. Dahl, City Attorney First Publication: February 28, 2019 Second Publication: Wheat Ridge Transcript Effective Date: Published: Wheat Ridge Transcript and www.ci.wheatridge.co.us ITEM NO: DATE: April 8, 2019 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 04-2019 – AN ORDINANCE AMENDING SECTIONS 11-51, 11-52, 11-53, 11-56, 11-63, 11-64 AND 17-27 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING THE LICENSING AND USE OF ALCOHOL BEVERAGES AND MAKING ADDITIONAL HOUSEKEEPING REVISIONS TO SAID CODE UPDATING STATUTORY CITATIONS TO CONFORM TO RECENT LEGISLATIVE CHANGES PUBLIC HEARING ORDINANCES FOR 1ST READING (03/11/2019) BIDS/MOTIONS ORDINANCES FOR 2ND READING (04/08/2019) RESOLUTIONS (rescheduled from 03/25/2019) QUASI-JUDICIAL: YES NO _______________________________ ______________________________ City Attorney City Manager ISSUE: Consideration of an ordinance updating the Wheat Ridge Code to reflect amendments to the state’s Liquor and Beer Codes. PRIOR ACTION: At its February 25, 2019 study session, the Council reached consensus to bring this ordinance forward. FINANCIAL IMPACT: N/A BACKGROUND: Over the last few years, the Colorado legislature has adopted a number of bills amending state Liquor and Beer codes, with the effective date being 1/1/2019. Council Action Form - Liquor Code Revisions April 8, 2019 Page 2 Additionally, a bill was passed in 2018 that created a new Title 44, entitled Revenue – Regulation of Activities. This new Title contains the state’s revised liquor laws, formerly located in Title 12, C.R.S., and necessitates updating and making conforming changes to the Wheat Ridge Code, as it makes numerous references to now out-of-date statutory sections. Non-substantive and other uncontroversial revisions and the updating of new statutory references adopted over the last few years have been included in the attached ordinance. RECOMMENDATIONS: Adopt the attached ordinance on second reading. RECOMMENDED MOTION: “I move to approve Council Bill No. 04-2019, an ordinance amending Sections 11-51, 11-52, 11-53, 11-56, 11-63, 11-64 and 17-27 of the Wheat Ridge Code of Laws concerning the licensing and use of alcohol beverages and making additional housekeeping revisions to said Code updating statutory citations to conform to recent legislative changes on first reading, order it published, public hearing set for Monday, March 25, 2019, rescheduled to April 8, 2019, at 7:00 p.m. in City Council Chambers, and that it take effect 15 days after final publication. REPORT PREPARED BY; Gerald Dahl, City Attorney Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No. 04-2019 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER KUETER COUNCIL BILL NO. 04 ORDINANCE NO. _________ Series 2019 TITLE: AN ORDINANCE AMENDING SECTIONS 11-51, 11-52, 11-53, 11-56, 11-63, 11-64 AND 17-27 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING THE LICENSING AND USE OF ALCOHOL BEVERAGES AND MAKING ADDITIONAL HOUSEKEEPING REVISIONS TO SAID CODE UPDATING STATUTORY CITATIONS TO CONFORM TO RECENT LEGISLATIVE CHANGES 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, the Council has previously adopted laws governing the regulation of liquor licensing and consumption consistent with state law; and WHEREAS, the Colorado legislature has recently adopted bills amending the Colorado Revised Statutes as they pertain to its liquor code, beer code, and other related codes, and have adopted a new Title 44, entitled “Department of Revenue Activities Regulation Act," which requires conforming changes to the Wheat Ridge Code of Laws; NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Section 11-51 is amended to read as follows: Sec. 11-51. – Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: ALCOHOL BEVERAGE MEANS FERMENTED MALT BEVERAGES OR MALT, VINOUS, OR SPIRITUOUS LIQUORS; EXCEPT THAT ALCOHOL BEVERAGE SHALL NOT INCLUDE CONFECTIONERY CONTAINING ALCOHOL WITHIN THE LIMITS PRESCRIBED BY C.R.S. §25-5-410(1)(i)(II). ATTACHMENT 1 -2- Applicant means and includes: (1) If an individual, OR A HUSBAND AND WIFE, that person OR PERSONS making an application for a license under this chapter; (2) If a partnership, ALLthe partners, ANY OFFICERS, AND ANY MEMBERS owning ten (10) percent or more INTEREST IN of the partnership which is making application for a license under this chapter; (3) If a corporation, the president, vice-president, secretary, treasurer, the directors, managerMANAGING OFFICER, and each stockholder owning ten (10) percent or more of the stock of the corporation. ; AND (4) IF AN ASSOCIATION, ORGANIZATION, OR COMPANY NOT LISTED ABOVE, ITS OFFICERS, DIRECTORS, AND ANY OF ITS MEMBERS OWNING A TEN (10) PERCENT OR MORE INTEREST THEREIN. Authority or licensing authority means the liquor licensing authority of the city. FERMENTED MALT BEVERAGE Beer, 3.2 percent means BEER AND ANY OTHER BEVERAGE OBTAINED BY THE FERMENTATION OF ANY INFUSION OR DECOCTION OF BARLEY, MALT, HOPS, OR ANY SIMILAR PRODUCT OR ANY COMBINATION THEREOF IN WATER CONTAINING NOT LESS THAN ONE-HALF OF ONE any fermented malt beverages as herein defined containing not more than three point two (0.5 3.2) percent of alcohol by VOLUME weight. Immediate family means spouse, mother, father, children, brothers, sisters, mother-in-law, father-in-law, brothers-in-law, or sisters-in-law. Investigator means a member of the Wheat Ridge Police Department. Malt liquors INCLUDES means beer and MEANS any other beverage obtained by the alcoholic fermentation of any infusion or decoction of barley, malt, hops or any other similar products, or any combination thereof, in water, containing NOT LESS THAN ONE-HALF OF ONE more than three point two(0.5 3.2) percent of alcohol by VOLUME weight. Manager includes the person or those persons who manage, direct, supervise, oversee and administer the acts, transactions and acts of servants of the establishments governed by this chapter. Medicinal liquors means any liquor sold by a duly licensed pharmacist or drugstore solely on a bona fide doctor's prescription. Operator means a person licensed by law to sell FERMENTED MALT BEVERAGES OR malt, vinous, or spirituous liquors, other than medicinal liquors, for beverage purposes at retail, and who is engaged at any time during the calendar year in such operation in the city. Spirituous liquors means any alcoholic beverage obtained by distillation, mixed with water and other substances in solution, and includes among other things brandy, rum, whiskey, gin, POWDERED ALCOHOL, and every liquid or solid, patented -3- or not, containing AT LEAST ONE-HALF OF ONE PERCENT alcohol BY VOLUME and which IS are fit for use for beverage purposes. Any liquid or solid containing beer or wine in combination with any other liquor, except as above provided IN THIS SECTION, shall not be construed to be FERMENTED MALT OR malt or vinous liquors, but shall be construed to be spirituous liquors. Vinous liquors means wines, INCLUDING SAKE, and fortified wines THAT: (1) CONTAIN NOT LESS THAN ONE- HALF OF ONE (0.5) PERCENT AND not MORE THAN exceeding twenty-one (21) percent of alcohol by volume; and (2) ARE PRODUCED shall be construed to mean alcoholic beverages obtained by the fermentation of the natural sugar contents of fruits or other agricultural products containing sugar. All other words and phrases used in this chapter shall have the meanings attached by the Colorado Statutes regulating the sale of ALCOHOL BEVERAGES liquor, or if not otherwise defined by law, as used in their common, ordinary and accepted sense and meaning. Section 2. Section 11-52 is amended to read as follows: Sec. 11-52. - Purpose. In pursuance of the authority conferred by C.R.S. Aarticles 3, 4 AND 5 46, 47 and 48 of Title 44 12, C.R.S., 1997 Volume, this chapter is enacted for the purpose of promoting the health, safety and welfare of the present and future inhabitants of the city by regulating, controlling and licensing the sale of malt, vinous or spirituous liquors and fermented malt beverages. Section 3. Subsection 11-53 (b) is amended to read as follows: Sec. 11-53. - Governance by state laws, rules and regulations. (b) Notwithstanding the provisions in subsection (a) to the contrary, the distance restrictions imposed by C.R.S. § 44-3-313(1)(d) 12-47-313(1)(d)(I) prohibiting the sale of ALCOHOL BEVERAGES malt, vinous or spirituous liquor within five hundred (500) feet of any public or parochial school or the principal campus of any college, university or seminary, are eliminated for all hotel and restaurant licenses, beer and wine licenses, brew pub licenses, DISTILLERY PUB LICENSES, arts licenses, and vintner's restaurant licenses issued pursuant to this article. Section 4. Section 11-56 is amended to read as follows: Sec. 11-56. - Alcohol beverage tastings. (a) Subject to the limitations of this section, alcohol beverage tastings are permitted within the city. For the purposes of this section "tastings" means the sampling of malt, vinous, or spirituous liquors that may occur on the premises of a retail liquor store licensee or liquor-licensed drugstore licensee by adult patrons of the licensee pursuant to the provisions of this section and C.R.S. § 44-3-301(10). Section 12-47-301 (10), C.R.S. -4- (b) A retail liquor store or liquor-licensed drugstore licensee who wishes to conduct tastings may submit an application or application renewal for that purpose to the liquor licensing authority. The applicant for a tastings permit shall state on the application the days and times that tastings will occur. The applicant shall give at least twenty-four (24) hours' prior notice to the CITY CLERK’S OFFICE AND THE police department of any deviations in the tastings schedule as set forth in the application. The liquor licensing authority may grant, grant with restrictions, or reject the application if the applicant fails to establish that he or she is able to conduct tastings without violating the provisions of this section, OR C.R.S. § 44-3-301(10) Section 12-47-310(10), CRS, or creating a public safety risk to the neighborhood. The liquor licensing authority shall establish its own application procedure and shall charge a reasonable application fee. The liquor licensing authority may delegate review and decision on the application to its clerk or administrative official. (c) Tastings ARE shall be subject to the following limitations: (1) Tastings shall be conducted only: a. BY A PERSON WHO: HAS by a person who has completed a server training program that meets the standards established by the liquor enforcement division in the department of revenue and IS who is either a retail liquor store licensee or a liquor-licensed drugstore licensee, or A REPRESENTATIVE, EMPLOYEE, OR AGENT OF THE LICENSED WHOLESALER, BREW PUB, DISTILLERY PUB, MANUFACTURER, LIMITED WINERY, IMPORTER, OR VINTNER’S RESTAURANT PROMOTING THE ALCOHOL BEVERAGES FOR THE TASTING; AND an employee of a licensee, and only on a licensee's licensed premises. b. ON A LICENSEE’S LICENSED PREMISES. (2) The alcohol BEVERAGE used in tastings MUST shall be purchased through a licensed wholesaler, licensed brew pub, LICENSED DISTILLERY PUB, or winery licensed pursuant to C.R.S. § 44-3-403 AT A COST THAT IS NOT LESS THAN THE LAID-IN COST OF THE ALCOHOL BEVERAGE Section 12-47-403 CRS. (3) The size of an individual alcohol sample shall not exceed one (1) ounce of malt or vinous liquor or one-half (½) ounce of spirituous liquor. (4) Tastings shall not exceed a total of five (5) hours in duration per day, which need not be consecutive. (5) THE LICENSEE MAY CONDUCT Tastings shall be conducted only during the operating hours in which the licensee on whose -5- premises the tastings occur is permitted to sell alcohol beverages, and in no case earlier than 11:00 a.m. or later than 97:00 p.m. (6) The licensee shall prohibit patrons from leaving the licensed premises with an unconsumed sample. (7) The licensee shall promptly remove all open and unconsumed alcohol beverage samples from the licensed premises, or shall destroy the samples immediately following the completion of the tasting, OR STORE ANY OPEN CONTAINERS OF UNCONSUMED ALCOHOL BEVERAGES IN A SECURE AREA OUTSIDE THE SALES AREA OF THE LICENSED PREMISES FOR USE AT A TASTING CONDUCTED AT A LATER TIME OR DATE. (8) The licensee shall not serve a person who is under twenty-one (21) years of age or who is visibly intoxicated. (9) The licensee shall not serve more than four (4) individual samples to a patron during a tasting. (10) Alcohol samples shall be in open containers and shall be provided to a patron free of charge. (11) THE LICENSEE MAY CONDUCT Ttastings ONmay occur on no more than four (4) of the six (6) days from a Monday to the following Saturday, not to exceed one hundred FIFTY-SIX four (156 104) days per year. (12) No manufacturer of spirituous or vinous liquors shall induce a licensee through free goods or financial or in-kind assistance to favor the manufacturer's products being sampled at a tasting. The RETAIL LIQUOR STORE OR LIQUOR-LICENSED DRUGSTORE licensee shall bearS the financial and all other responsibility for a tasting CONDUCTED ON ITS LICENSED PREMISES. (D13) A violation of a limitation specified in this section, OR C.R.S. § 44-3-301(10) Section 12-47-301(10) CRS or Section 12-47-801 (CRS) by a retail liquor store or LIQUOR-LICENSED drug licensee, whether by THE LICENSEE'S his or her employees, agents, or otherwise, shall be OR BY A REPRESENTATIVE, EMPLOYEE, OR AGENT OF THE LICENSED WHOLESALER, BREW PUB, DISTILLERY PUB, MANUFACTURER, LIMITED WINERY, IMPORTER, OR VINTNER'S RESTAURANT THAT PROMOTED THE ALCOHOL BEVERAGES FOR TASTING, IS the responsibility of, AND C.R.S. 44-3-801 APPLIES TO, the retail liquor store or liquor-licensed drugstore licensee THAT CONDUCTED who is conducting the tasting. -6- (E14) A retail liquor store or liquor-licensed drugstore licensee conducting a tasting shall be subject to the same revocation, suspension, and enforcement provisions as otherwise apply to the licensee. (F) NOTHING IN THIS SECTION SHALL AFFECT THE ABILITY OF A COLORADO WINERY LICENSED PURSUANT TO C.R.S. § 44-3-402 OR 44-33-403 TO CONDUCT A TASTING PURSUANT TO THE AUTHORITY OF C.R.S. §44-3-402(2) OR 44-3-403(2)(e). Section 5. Section 11-63 is amended to read as follows: Sec. 11-63. - Classification of operators. The business of selling at retail any FERMENTED MALT BEVERAGE OR three point two (3.2) percent beer, malt, vinous or spirituous liquor other than medicinal liquors for beverage purposes is hereby defined and separately classified as such occupation for the purpose of this chapter as follows: (1) Class "C" operators. All operators licensed to sell ALCOHOL BEVERAGES malt, vinous or spirituous liquors as clubs are Class "C" operators. (2) Class "D" operators. All operators licensed as retail stores to sell in original containers ALCOHOL BEVERAGES, malt, vinous or spirituous liquors for consumption off the premises shall be Class "D" operators. (3) Class "E" operators. All operators licensed as drugstores to sell ALCOHOL BEVERAGES malt, vinous or spirituous liquors in original containers for consumption off the premises shall be Class "E" operators. (4) Class "F" operators. All operators licensed to sell malt or vinous liquors only by the drink for consumption on the premises shall be Class "F" operators. (5) Class "G" operators. All operators who are licensed to sell ALCOHOL BEVERAGES beer, wine and spirituous liquors for consumption on the premises either as BREW PUBS, DISTILLERY PUBS, VINTNER'S RESTAURANTS, hotels AND/or restaurants shall be Class "G" operators. (6) Class "J" operators. All operators licensed to sell only FERMENTED MALT BEVERAGE three point two (3.2) percent beer shall be classified as follows: a. Class "J1" operators. All operators licensed to sell or selling FERMENTED MALT BEVERAGE three point two (3.2) percent beer for consumption off the premises of the licensee shall be Class "J1" operators. b. Class "J2" operators. All operators licensed to sell or selling FERMENTED MALT BEVERAGE three point two (3.2) percent -7- beer for consumption on the premises of the licensee shall be Class "J2" operators. c. Class "J3" operators. All operators licensed to sell or selling three point two (3.2) percent beer for consumption both on and off the premises of the licensee shall be Class "J3" operators. (7) Class "T" operators. All operators selling ALCOHOL BEVERAGES malt, vinous or spirituous liquors, by the drink, only for consumption on the premises; and such operators shall have available for consumption on the premises during business hours, sandwiches and light snacks; but they need not have meals available for consumption. Section 6. Section 11-64 is amended to read as follows: Sec. 11-64. - Amount of tax levied. There is hereby levied and assessed for each year an annual occupation tax upon the business of selling ALCOHOL BEVERAGES three point two (3.2) percent beer, malt, vinous or spirituous liquors, except medicinal liquors, in the city, as such occupation has been herein classified as follows: (1) For all Class "G" operators, nine hundred dollars ($900.00). (2) For all Class "F" operators, six hundred dollars ($600.00). (3) For all Class "D" operators, six hundred fifty dollars ($650.00). (4) For all Class "E" operators, six hundred dollars ($600.00). (5) For all Class "C" operators, nine hundred dollars ($900.00). (6) For all Class "J-1" operators, seven hundred dollars ($700.00). (7) For all Class "J-2" operators, seven hundred dollars ($700.00). (8) For all Class "J-3" operators, two thousand two hundred dollars ($2,200.00). (9) For all Class "T" operators, one thousand three hundred dollars ($1,300.00). Section 7. Section 17-27 is amended to read as follows: Sec. 17-27. – ALCOHOL Alcoholic beverages. (a) The storage, sale or consumption of any ALCOHOL BEVERAGE malt, vinous or spirituous liquors, as defined by the Colorado Liquor Code, is prohibited in any park, recreation area or recreation building within the city except as specifically provided herein or as may be authorized pursuant to a special event permit issued by the city in accordance with C.R.S., Aarticle 5 48, Ttitle 12 44. NOTWITHSTANDING THE FOREGOING, TThe consumption and/or storage of ANY fermented malt beverages is permitted in any park or recreation area within the city so long as, and only so long as, such fermented malt beverage has been purchased in a manner -8- authorized, and is being consumed by persons permitted, by applicable state law. It shall be unlawful to sell any fermented malt beverage within any park or recreation area within the city unless such sales are made pursuant to a special event permit granted by the city and unless such sales are made in accordance with the Colorado Beer Code. (b) Storage and consumption of fermented malt BEVERAGE and vinous liquor is permitted at the Wheat Ridge Senior/Community Center, the Wheat Ridge Recreation Center and the Richards-Hart Estate in conjunction with an event sanctioned and authorized by the director; and provided further that such alcoholic beverages are neither sold to, served to, or consumed by any person not authorized by the Colorado Liquor Code or the Code of Laws of the City of Wheat Ridge to possess or consume such alcoholic beverages. The director is hereby authorized to establish rules for serving and consumption of alcoholic beverages at the Richards-Hart Estate, the Wheat Ridge Senior/Community Center, and the Wheat Ridge Recreation Center. Section 8. The revisions described in Exhibit A, attached hereto and incorporated herein by this reference, shall be included in the codification of the Wheat Ridge Code of Laws in order to conform various cross-references to the Colorado Revised Statutes and to delete obsolete provisions. Section 9. 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 10. Effective Date. This Ordinance shall take effect fifteen (15) days after final publication, as provided by Section 5.11 of the Charter. -9- INTRODUCED, READ, AND ADOPTED on first reading by a vote of 6 to 0 on this 11th day of March, 2019, 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 March 25, 2019, rescheduled to April 8, 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 ______________, 2019. SIGNED by the Mayor on this _____ day of ____________, 2019. ATTEST: Bud Starker, Mayor Janelle Shaver, City Clerk Approved as to Form: Gerald E. Dahl, City Attorney First Publication: March 14, 2019 Second Publication: Wheat Ridge Transcript Effective Date: Published: Wheat Ridge Transcript and www.ci.wheatridge.co.us -10- EXHIBIT A to Wheat Ridge City Council Ordinance No. _______, Series 2019, Amending Sections 11-51, 1-52, 11-53, 11-56, 11-63, 11-64 and 17-27 of the Wheat Ridge Code of Laws Concerning the Licensing and Use of Alcohol Beverages and Making Additional Housekeeping Revisions to said Code Updating Statutory Citations to Conform to Recent Legislative Changes In addition to the revisions/updates to the Wheat Ridge Liquor code in Sections 11-51, 11-52, 11-53,11-56, 11-63, 11-64 and 17-27, the following code sections will be updated as follows: Sections Current reference Revised to Read 3-20(b) Title 12, Article 46 or Article 47 Title 44, Article 4 or Article 3 9-22. Definitions Bar Article 47 of Title 12 Articles 3 and 4 of Title 44 11-52.5(a), (f) and (h) articles 46, 47 and 48 of Title 12 Articles 3, 4 and 5 of Title 44 11-250. Definitions Alcohol beverage §§12-46-103 and 12-47-103 §§44-4-103 and 44-3-103 11-290(7) Article XVIII Section 14 of the Colorado Constitution Article XVIII Section 14 of the Colorado Constitution and C.R.S. §44-11-301 et seq. (concerning municipal authority to license and regulate medical marijuana) 11-291. Definitions Colorado Medical Marijuana Code Licensee Medical marijuana center Medical marijuana testing facility Medical marijuana-infused product manufacturer Optional premises cultivation operation C.R.S., tit. 12, art.43.3 §12-43.3-402 §12-43.3-402 §12-43.3-405 and 408(1)(a) §12-43.3-404 §12-43.3-403 C.R.S., Title 44. Article 11 §44-11-402 §44-11-402 §44-11-405 and 408(1)(a) §44-11-404 §44-11-403 11-298(b) §12-43.3-302 §44-11-302 11-400(f) §12-43.4-101 et seq. §44-12-101 et seq. -11- 11-401. Definitions Colorado Medical Marijuana Code Colorado Retail Marijuana Code Licensee Medical marijuana center Medical marijuana testing facility Medical marijuana-infused product manufacturer Optional premises cultivation operation Retail marijuana cultivation facility Retail marijuana products manufacturer Retail marijuana store Retail marijuana testing facility State licensing authority Article 43.3 of Title 12 of the Colorado Revised Statutes Article 43.4 of Title 12 of the Colorado Revised Statutes §12-43.4-401 §12-43.3-402 §12-43.3-405 and 408(1)(a) §12-43.3-404 §12-43.3-403 §12-43.4-403 §12-43.4-404 §12-43.4-402 §12-43.4-405 and §12-43.3-408(1)(a) §12-43.4-201 C.R.S., Title 44. Article 11 C.R.S., Title 44, Article 12 §44-12-402 §44-11-402 §44-11-405 and 408(1)(a) §44-11-404 §44-11-403 §44-12-403 §44-12-404 §44-12-402 §44-12-405 and §44-11-408(1)(a) §44-12-201 11-408(b) §12-43.4-412 §44-12-302 15-34. Definitions Proscribed act(s) –(2) --(9) --(10) --(11) gambling on premises, C.R.S. § 18-10- 102(7) §§12-46-101 and 12-47-101 §12-25.5-101 et seq. A violation of any provision of the Colorado Massage Parlor Code, C.R.S. § 12-48.5-101, et seq. gambling, C.R.S. § 18-10-102(2) §§44-4-101 and 44-3-101 §29-11.8-101 et seq. [DELETE – Massage Parlor Code has been repealed.] 16-127(h)(1) Article 46, 47 or 48 of Title 12 Article 3, 4 or 5 of Title 44 16-177(a)(4)a. and (d) Article 46, 47 or 48 of Title 12 Article 3, 4 or 5 of Title 44 16-227(a)(5) “WARNING” “AND ARTICLE 48.5 OF TITLE 12, COLORADO REVISED STATUTES” [DELETE as Colo. Massage Code has been repealed.] 16-235(2) C.R.S.Title 12, Article 59 C.R.S. Title 23, Article 64 17-42 Article 48, title 12 Article 5, Title 44 ITEM NO: DATE: April 8, 2019 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL 05-2019 - AN ORDINANCE AMENDING SECTION 16-132 AND SUBSECTION 16-133(H) OF THE WHEAT RIDGE CODE OF LAWS TO EXEMPT NEEDLE-STICK PREVENTION AND SYRINGE EXCHANGE PROGRAM PARTICIPANTS FROM CRIMINAL PROSECUTION PUBLIC HEARING ORDINANCES FOR 1ST READING (04/08/2019) BIDS/MOTIONS ORDINANCES FOR 2ND READING (04/22/2019) RESOLUTIONS QUASI-JUDICIAL: YES NO _______________ ______________________________ City Attorney City Manager ISSUE: Council Bill 05-2019 provides exemptions from criminal prosecution for individuals who actively alert law enforcement or first responders to the presence of injection devices and for participants in clean syringe exchange programs. PRIOR ACTION: At the February 25, 2019, Study Session, Council provided consensus to bring forward an ordinance that conforms the Wheat Ridge Code of Laws to the needle-stick prevention and clean syringe program provisions of state law, currently found in C.R.S. §§ 18-18-428 and 18-18-430.5. FINANCIAL IMPACT: No financial impact is projected. BACKGROUND: The possession of injection devices, such as needles and syringes, and other paraphernalia and devices that are used to ingest controlled substances has long been unlawful, under both state and Council Action Form – Ordinance Amending §16-132 Possession of Injection Devices April 8, 2019 Page 2 local law. Criminalizing the possession of the devices used to consume illegal drugs is one method of deterring the actual consumption. Injection devices present a serious threat of harm by their capacity to transfer blood and fluid-borne diseases, some of which can be terminal. As such, state laws have been amended to incentivize individuals who have needles or syringes in their possession to actively alert law enforcement and other first responders to the location of these items. The incentive provided is an exemption from criminal prosecution for possessing the injection device. State law extends this same exemption to individuals who are participating in a clean syringe exchange program. Exchange programs offer educational and referral resources in addition to clean devices. RECOMMENDATIONS: Staff recommends approval of the ordinance on first reading. RECOMMENDED MOTION: “I move to approve Council Bill No. 05-2019, an ordinance amending Section 16-132 and Subsection 16-133(H) of the Wheat Ridge Code of Laws to Exempt Needle-Stick Prevention and Syringe Exchange Program participants from criminal prosecution, on first reading, order it published, public hearing set for Monday, April 22, 2019, at 7:00 p.m. in City Council Chambers, and that it take effect fifteen (15) days after final publication.” Or, “I move to postpone indefinitely Council Bill No. 05-2019, an ordinance amending Section 16- 132 and Subsection 16-133(H) of the Wheat Ridge Code of Laws to Exempt Needle-Stick Prevention and Syringe Exchange Program participants from criminal prosecution, on first reading, for the following reason(s) _______________________________.” REPORT PREPARED AND REVIEWED BY: Carmen Beery, City Attorney’s Office Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No. 05-2019 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER ________________ Council Bill No. 05 Ordinance No. __________ Series of 2019 TITLE: AN ORDINANCE AMENDING SECTION 16-132 AND SUBSECTION 16-133(H) OF THE WHEAT RIDGE CODE OF LAWS TO EXEMPT NEEDLE-STICK PREVENTION AND SYRINGE EXCHANGE PROGRAM PARTICIPANTS FROM CRIMINAL PROSECUTION WHEREAS, the City of Wheat Ridge, Colorado (the “City”), is a Colorado home rule municipality, duly organized and existing pursuant to Section 6 of Article XX of the Colorado Constitution; and WHEREAS, pursuant to its home rule authority and C.R.S. § 31-15-401, the City, acting through its City Council (the “Council”), is authorized to adopt rules and regulations prohibiting certain conduct and defining general offenses that harm or pose a threat to the public health, safety or welfare; and WHEREAS, pursuant to such authority, the Council has previously defined and adopted certain general offenses, codified as Chapter 16 of the Wheat Ridge Code of Laws (“Code”), including prohibitions of possessing injection devices, such as needles and syringes, generally consistent with state statute; and WHEREAS, state statutes have evolved to provide exemptions from criminal prosecution for individuals who actively alert law enforcement and first responder personnel to the presence of syringes and needles in their possession and who possess syringes in connection with a clean syringe exchage program operated by a public health agency; and WHEREAS, the City Council finds that such criminal exemptions incentivize individuals to protect law enforcement and first responders from potentially grave injury and harm via needle-sticks and to protect the public health generally by participation in approved clean syringe exchange programs; and WHEREAS, the City Council therefore finds that it would promote the public health, safety and welfare to proivde exemptions from City prosecution for such individuals in a manner that mirrors the exemptions provided under state law. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Section 16-132 of the Wheat Ridge Code of Laws, concerning injection devices, is hereby amended as follows: Sec. 16-132. Possession of injection devices. (A) It shall be unlawful for any person to possess any hypodermic needle, syringe or similar device which may be adapted or used for injecting drugs or other substances by subcutaneous or intracutaneous injection into the body, unless such possession has been authorized for medical or physical treatment by a licensed medical doctor or osteopathic physicians; provided, ATTACHMENT 1 2 however, that the prohibitions contained in this section shall not apply to manufacturers, jobbers, licensed medical technicians, hospitals, nursing homes, technologists, nurses, laboratories, research teaching institutes, medical doctors, osteopathic physicians, dentists, veterinarians or persons who lawfully use injection devices for the sole purpose of providing medical treatment to their pets or livestock, pharmacists and embalmers selling or using such devices in the legal course of their respective businesses or professions. A violation of this section shall be subject to the penalty provided in section 16-4 of this Code, together with a surcharge of ten dollars ($10.00) to be paid to the police department through the court to offset the expense of destruction of drugs, injection devices and drug paraphernalia, whether or not any of those items was confiscated from the defendant. (B) (1) PRIOR TO SEARCHING A PERSON, A PERSON'S PREMISES, OR A PERSON'S VEHICLE, A PEACE OFFICER MAY ASK THE PERSON WHETHER THE PERSON IS IN POSSESSION OF A HYPODERMIC NEEDLE OR SYRINGE THAT MAY CUT OR PUNCTURE THE OFFICER OR WHETHER SUCH A HYPODERMIC NEEDLE OR SYRINGE IS ON THE PREMISES OR IN THE VEHICLE TO BE SEARCHED. IF A HYPODERMIC NEEDLE OR SYRINGE IS ON THE PERSON, ON THE PERSON'S PREMISES, OR IN THE PERSON'S VEHICLE AND THE PERSON, EITHER IN RESPONSE TO THE OFFICER'S QUESTION OR VOLUNTARILY, ALERTS THE OFFICER OF THAT FACT PRIOR TO THE SEARCH, ASSESSMENT, OR TREATMENT, THE PEACE OFFICER SHALL NOT ARREST OR CITE THE PERSON PURSUANT TO THIS SECTION, NOR SHALL THE CITY PROSECUTOR CHARGE OR PROSECUTE SUCH OFFENSE. THE CIRCUMSTANCES DESCRIBED IN THIS PARAGRAPH (B) MAY BE USED AS A FACTOR IN A PROBABLE CAUSE OR REASONABLE SUSPICION DETERMINATION OF ANY CRIMINAL OFFENSE IF THE ORIGINAL STOP OR SEARCH WAS LAWFUL. (2) PRIOR TO ASSESSING OR TREATING A PERSON, AN EMERGENCY MEDICAL SERVICE PROVIDER OR OTHER FIRST RESPONDER MAY ASK THE PERSON WHETHER THE PERSON IS IN POSSESSION OF A HYPODERMIC NEEDLE OR SYRINGE THAT MAY CUT OR PUNCTURE THE TECHNICIAN OR FIRST RESPONDER. IF A HYPODERMIC NEEDLE OR SYRINGE IS ON THE PERSON, AND THE PERSON, EITHER IN RESPONSE TO THE QUESTION OR VOLUNTARILY, ALERTS THE EMERGENCY MEDICAL SERVICE PROVIDER OR FIRST RESPONDER OF THAT FACT, A PEACE OFFICER SHALL NOT ARREST OR CITE THE PERSON PURSUANT TO THIS SECTION, NOR SHALL THE CITY PROSECUTOR CHARGE OR PROSECUTE SUCH OFFENSE. Section 2. Subsection 16-133(h) of the Wheat Ridge Code of Laws, concerning exemptions to offenses related to drug paraphernalia, is hereby amended as follows: (h) The provisions of this section shall not apply to the possession, display, purchase, transport or use in private by any person that is twenty-one (21) years of age or older of drug paraphernalia that is used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, composting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, 3 repackaging, storing, vaporizing, or containing marijuana or for ingesting, inhaling, or otherwise introducing marijuana into the human body; OR TO ANY PERSON PARTICIPATING AS AN EMPLOYEE, VOLUNTEER, OR PARTICIPANT IN AN APPROVED SYRINGE EXCHANGE PROGRAM CREATED PURSUANT TO SECTION 25-1-520, C.R.S. Section 3. Safety Clause. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be attained. Section 4. 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 ______ to ______ on this 8th day of April, 2019, 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 April 22, 2019, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of ______ to ______, this ________ day of _____________________, 2019. SIGNED by the Mayor on this ________ day of ____________________, 2019. Bud Starker, Mayor ATTEST: Janelle Shaver, City Clerk Approved As To Form Gerald E. Dahl, City Attorney 4 First Publication: Second Publication: Wheat Ridge Transcript Effective Date: ITEM NO: DATE: April 8, 2019 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO APPROVE APPOINTMENTS TO BOARDS AND COMMISSIONS PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO _______________________________ ______________________________ City Clerk City Manager ISSUE: At the February 25, 2019, City Council meeting Council appointed several citizens to the various Boards and Commissions. However, due to a code change that needed to be adopted, there remained two seats open that still require a motion by Council to fill. These appointed seats are in District I and District III for the Liquor Licensing Authority. Due to recent resignations other positions are currently vacant. These include the Cultural Commission (District IV), Planning Commission (District III), and Board of Adjustment (At Large). The positions were advertised in the Wheat Ridge Transcript, on Channel 8, Facebook and the City’s Website. PRIOR ACTION: None FINANCIAL IMPACT: None BACKGROUND: In the case of the Liquor Authority vacancies in Districts I and III, extensive advertising has been done but there are no applicants who live in those districts. Consequently, applicants Rocco Council Action Form – Appointment of Board and Commission Members April 8, 2019 Page 2 Germano and Leonard Ortiz, neither of whom live in District I or III, are eligible for appointment to fill those seats. In the case of the Planning Commission, the only valid applicants who live in District III are Ihor Figlus, Will Kerns, David Land-Closson, and David Sjaastad. RECOMMENDED MOTIONS: “I move to appoint to the Liquor Authority District I, term to expire 03/02/2022.” “I move to appoint to the Liquor Authority District III, term to expire 03/02/2022.” “I move to appoint to the Planning Commission District III, term to expire 03/02/2022.” “I move to appoint to fill the vacant position on the Cultural Commission District IV, term to expire 03/02/2021.” “I move to appoint to fill the vacant position on the Board of Adjustment – Alternate At Large, term to expire 03/02/2020.” REPORT PREPARED BY: Robin Eaton, Deputy City Clerk Janelle Shaver, City Clerk Patrick Goff, City Manager ATTACHMENTS: 1. List of Applicants 2. District I Applications 3. District III Applications 4. District IV Applications 5. At Large Applications APPLICANT LIST Current Term Ending Board District Current Member / Re-applied Other Applicants DISTRICT I 03/02/2019 Liquor Authority Robert Alldredge / NO Rocco Germano* DISTRICT III 03/02/2019 Liquor Authority John Miks / NO Leonard Ortiz* 03/02/2019 Planning Commission Amanda Weaver / NO Shawna Black* Ihor Figlus Will Kerns Cheyanne Kinghorn* David Land-Closson Carol Mathews* David Sjaastad DISTRICT IV 03/02/2021 Cultural Commission Val Nosler Beck / NO V. Ruth Baranowski AT LARGE 03/02/2020 Board of Adjustment Alternate Open Cheyanne Kinghorn Tiamo Wright *DENOTES: Lives out of District ATTACHMENT 1 ATTACHMENT 2 ATTACHMENT 3 Board & Commission Application PLEASE APPLY ONLY FOR ONE BOARD OR COMMISSION PER APPLICATION APPLICATION FOR APPOINTMENT TO THE: (BOARD/COMMISSION/COMMITTEE) DATE: DISTRICT HOW LONG HAVE YOU BEEN A RESIDENT OF WHEAT RIDGE: ARE YOU A REGISTERED VOTER? WHY ARE YOU SEEKING THIS APPOINTMENT? DO YOU HAVE EXPERIENCE IN THIS AREA? HAVE YOU EVER SERVED, OR ARE YOU CURRENTLY ON A BOARD/COMMISSION/COMMITTEE AND IF SO, WHICH ONE? HOW LONG? ARE THERE ANY CONFLICTS WHICH WOULD INTERFERE WITH REGULAR ATTENDANCE OR DUTIES? ZIP: SIGNATURE PLEASE PRINT OR TYPE NAME: ADDRESS: HOME PHONE: BUSINESS or CELL PHONE: E-MAIL ADDRESS: APPLICATION WILL BE KEPT ON FILE FOR ONE YEAR District 1 Planning Commission District 1 19 years Yes More involvement into the community and how NO No Shawnna Black 2915 Pierce Street 80214 303.503.6233 303.503.6233 sleab@icloud.com January 19, 2019 I worked in the Technical field as a Systems Consultant and Project Manager field for 25 years, planning and excututing project for companies. I may be able to give a voice, thoughts and understanding to the city of Wheat Ridge . I enjoy Wheat Ridge the old and the new and being involved in that future sound interesting and fun. 2/5/19 rle Board and Commission Application APPLICATION FOR APPOINTMENT TO THE: (Board/Commission/Committee) DATE: DISTRICT: HOW LONG HAVE YOU BEEN A RESIDENT OF WHEAT RIDGE? ARE YOU A REGISTERED VOTER? WHY ARE YOU SEEKING THIS APPOINTMENT? DO YOU HAVE EXPERIENCE IN THIS AREA? HAVE YOU EVER SERVED, OR ARE YOU CURRENTLY ON A BOARD/COMMISSION/COMMITTEE AND IF SO, WHICH ONE? HOW LONG? ARE THERE ANY CONFLICTS WHICH WOULD INTERFERE WITH REGULAR ATTENDENCE OR DUTIES? PRINT NAME ADDRESS HOME PHONE BUSINESS PHONE E-MAIL ADDRESS Checking here completes your application, constitutes your signature and affirmation that the statements made are true. APPLICATION WILL BE KEPT ON FILE FOR ONE YEAR City Clerk’s Office, 7500 W. 29th Ave., Wheat Ridge CO 80033 Sent Feb. 15 - received Feb 25 rle Ihor Figlus Answers: Why are you seeking this appointment? As I have seen various development come to Wheat Ridge, I have taken an interest in local matters and learned how vital citizen involvement is in guiding that development to maintain and improve the quality of life of its residents and the vibrancy of the city. I would like to serve my community and I think that I can make a relevant contribution to attain these goals. Do you Have experience in the area? Not directly, but I do have community service experience. I hold a B.A. in Economics from the University of Colorado. I am currently President of the Federal Blvd. Partnership, a Registered Neighborhood Organization in Denver, where I own property. The Partnership represents businesses and residents along North Feceral Blvd. and interacts with the City of Denver. In 1992, I helped set up the American Chamber of Commerce in Ukraine and served as its Executive Director and President for five years. Board & Commission Application City of Wheat Ridge PLEASE APPLY ONLY FOR ONE BOARD OR COMMISSION APPLICATION FOR APPOINTMENT TO THE: Planning Commission (BOARD/COMMISSION/COMMITTEE) DATE: 3.26.19 DISTR�IC�T�3�------ HOW LONG HAVE YOU BEEN A RESIDENT OF WHEAT RIDGE: 3 years ARE YOU A REGISTERED VOTER? Yes ��- WHY ARE YOU SEEKING THIS APPOINTMENT? Interested in becoming more involved in local planning, currently most of my projects are out of state or overseas. 00 YOU HAVE EXPERIENCE IN THIS AREA? Yes, I'm an AICP certified planner with 16 years of planning experience in public, private, and non-profit sectors. HAVE YOU EVER SERVED, OR ARE YOU CURRENTLY ON A BOARD/COMMISSION/COMMITTEE AND IF SO, WHICH ONE? HOW LONG? l was the Chair of the River North Neighborhood Design Team. my term ended in 2016. ARE YOU EMPLOYED BY THE CITY OF WHEAT RIDGE? No --------- ARE THERE ANY CONFLICTS WHICH WOULD INTERFERE WITH REGULAR ATTENDANCE OR DUTIES? I might be called away far work projects, but 90% of my time has been working from home for the past y/4�� �-?-! /J. J SIGNATURE ,,_ -� --,,.�--.------------ PLEASE PRINT OR TYPE NAME: William Andrew Kerns----------------- ADDRESS: 8525 W. 32nd Avenue Wheat Ridge, CO HOME PHONE: 303 815 4264 ZIP: 80033 BUSI NESS PHONE:_3;:u.Qw3...c8u.1�5...!i4�260!4:t.__ _______________ _ E-MAIL ADDRESS: wkerns@openplan net APPLICATION WILL BE KEPT ON FILE FOR ONE YEAR ___ 1 3/26/19 rle Openplan.net Will Kerns, AICP 8525 W. 32nd Avenue Wheat Ridge, CO 80033 303-815-4264 wkerns@openplan.net Planning Commission District 3 – Applicant Introduction Dear Wheat Ridge City Council, Planning Commission, and Municipal Staff, I am interested in filling the role of District 3 Planning Commissioner to become more involved in local planning as most of my projects are out of state or overseas. My background is in transportation planning, originally spent 11 years as the Jefferson County Transportation Planner, then in 2011 founded Open Plan Consultants, LLC. My experience as a private sector consultant for Open Plan had me involved with a wider variety of land use and transportation planning projects for various clients. I was then hired full time by Hyperloop Transportation Technologies as the Global Planning & System Structure Lead. Currently, we are under construction on a full-scale hyperloop prototype in Toulouse, France. More info at www.hyperloop.global Some past experience on a board includes my time as Chair of the River North Neighborhood Design Team (RiND) which is the development review committee for the River North Arts District, my term as Chair ended in 2016, by then we were growing tired of living in the city. We decided to move to Wheat Ridge because we liked how quiet and dark at night it is here. We loved the easy access to the mountains and friendly people here, we found our dream house near Crown Hill Park on 32nd Avenue. I’ve since been building my bonsai garden in the backyard for my seemingly ever-growing collection of bonsai trees sourced from Colorado native plant material. As a planner I understand the importance of gaining a wide variety of input from different stakeholders on plans. Creating opportunities for high quality development to occur rather than only low-cost and low-quality development. I also favor a balance of housing in Wheat Ridge that includes affordable, accessible housing critical to making a place where people can afford to work and live. Thank you for your consideration, Will Kerns, AICP William A. Kerns, AICP Open Plan Consultants, LLC 8525 West 32nd Avenue Wheat Ridge, CO 80033 303.815.4264 – wkerns@openplan.net www.openplan.net Principal Consultant Project Management – Healthy Community Design - Transportation Planning Talented, creative, and accomplished transportation professional with extensive background in multimodal transportation planning, project implementation, and urban design. Highly familiar with public outreach, technical writing and GIS mapping. Adept at developing and implementing plans and policies. Experienced in population forecasting, demographic analysis, geographic analysis, and integrating public health into the planning process. Knowledgeable in formulating new ideas, gaining both internal and public support, funding procurement and implementation. Experienced, big picture visionary that can drill into the details of any given project. Excellent presentation and communication skills across these and other competencies: − Public Speaking - Team Coaching - Technical Writing − Project Team Lead - Project Management - Public/Environmental Health − Transportation Research - GIS Mapping and Analysis - Systems Engineering − Cartography - Inter-jurisdictional Coordination- Coalition Building − Bike/Ped Planning - Transit Planning - Land Planning/Zoning Professional Experience Open Plan Consultants LLC – Founded in 2012 Principal Consultant – 2012 to Present Jefferson County, Colorado – Transportation and Engineering Division Transportation Planner - 2003 to 2012, Traffic Engineering Technician - 2001 to 2003 Open Plan Consultants, LLC - Project Experience Hyperloop Transportation Technologies, Hyperleader Global Planning and System Structure- Contributing management and planning expertise to Los Angeles based startup Hyperloop Transportation Technologies, Inc. Leading two international teams of planners, engineers, designers and attorneys focused on developing a new form of ultra-high speed transportation poised to disrupt existing non-sustainable forms of transportation. Coordinated a Feasibility Study onsite in the United Arab Emirates to plan a Hyperloop corridor between the cities of Abu Dhabi and Al Ain. Currently planning a Hyperloop prototype at Francazal in Toulouse, France. Jefferson County Public Health - Health Policies Coalition Facilitator- Provided trainings, resources, toolkits, funding opportunities, one-on-one and coalition capacity building to Active Living Coalition members. Used a variety of active living policy and program issues such as: active transportation, connectivity, public transit, park access, shade, Safe Routes to School, and HEAL Cities & Towns Campaign. Led a Jefferson County Active Living Policy Scan which supports a process to develop and adopt an Active Living Plan and included policy, land use code, regulations, initiatives and funding histories. Safe Routes to School Building Community Coalitions Grant- Managed large community-based coalitions in five selected Colorado towns for a two year CDOT Safe Routes to School pilot program. Served as the lead in implementing all activities for non-profit Action for Healthy Kids, facilitated communications and coalition meetings, developed community tool kits, directed the competitive seed grant process and activated the SRTS target audiences in each community. Chair, River North Art District Neighborhood Design Team (RiND)- Led the Urban Design and Architectural Review Committee for the rapidly developing RiNo Art District, served as the main neighborhood point of contact for incoming developers, established and followed a set of goals when reviewing conceptual site plans for urban design public/private improvements that are tied to the goals of the RiNo Art District. Collaborated with the members of the RiND to then make recommendations to developers regarding master site plans. Faculty/Team Coach, Leadership in Healthy Community Design- Assisted with the design and development of the master program curriculum for non-profit Regional Institute for Health and Environmental Leadership (RIHEL). Planned the programs and evaluations for five individual program events. Delivered workshops on various aspects of healthy community design, teamwork, team projects, leadership and communication during the on-site training events. Served as an adviser for the program participant teams meeting with, supporting, and provided transportation planning assistance to the multidisciplinary teams regarding their team projects. NEPA Experience Key Achievements: RTD- Assisted RTD with the Gold Line EIS and on the final steps of the West Corridor EIS, collaborated with RTD staff, consultants, and stakeholders, provided technical assistance as a representative of Jefferson County at working groups and public meetings. US 36- Worked on the US 36 EIS and helped to point the stakeholders toward a more flexible side running BRT system that covers a smaller, less impactful footprint, later adopted as the preferred alternative for the corridor. Currently implementing a network of secure Bus then Bike shelters along the US 36 Corridor. I 70 PEIS- Helped to develop the I 70 Programmatic EIS through stakeholder participation meetings, the I 70 Coalition, and the I 70 Coalition Technical Committee which was responsible for reading and making comments on the I 70 PEIS document. Performed this duty on behalf of both Jefferson County and the I 70 Coalition. Project has a long range timeline of over 20 years. Plan Creation Key Achievements: Evergreen Trails Master Plan- Currently managing planning, mapping, and public involvement for this local planning process. Focusing on connecting the downtown area with surrounding library, schools, parks, and retail areas with a walkable/bikeable trails plan. Conducting outreach to area stakeholders and residents. Plan is currently in draft form to be adopted in 2015. Conifer Trails Plan- Developed the Conifer Walkability Plan which envisions a network of hard and loose surface trails in the Conifer area. This network connects parks, schools, commercial areas and the RTD Park n Ride with a walkable and bike friendly network. Worked with the Conifer Area Council, a community organization to refine the plan, then conducted public outreach and solicited feedback from the community. Jefferson County has finished two of the initial priority projects with the third now in the design phase. Statewide Transit Plan- Conducted public engagement for the CDOT Statewide Transit Plan. Created an interactive statewide contact database. Provided support and coordination of statewide open houses and work sessions. Assisted in stakeholder engagement and collected and reviewed feedback from stakeholders. The Statewide Transit Plan identifies and evaluates passenger rail and express bus corridors throughout the state and is focused on linking planned improvements with existing local transit providers. I 70 Studies- Served on the I 70 Coalition Technical Committee and helped prepare the I-70 Land Use Study for Transit. Assisted in selecting and guiding the consultant team, which made recommendations for the land uses surrounding potential I 70 rail stations along the corridor. This study looked at potential rail alignments both inside the I 70 highway corridor and off-corridor. Participated in the Rocky Mountain Rail Authority High Speed Rail Feasibility Study by attending steering committee plus occasional executive committee meetings, provided clear and relevant technical expertise. Both studies were developed concurrently, and each utilized the findings of the other. Education and Certification American Planning Association, American Institute of Certified Planners, February 2007 University of Northern Colorado, Bachelor of Science, Applied Geography, Earth Science Minor, May 2001 Personal Accomplishments 2013 Bonsai Artist of the Year, Membership Chair – Rocky Mountain Bonsai Society 2nd Degree Black Belt – Assistant Instructor, Clear Creek Taekwondo Eagle Scout – Troop 737 Evergreen, Colorado, Boy Scouts of America ✔ th 3/27/19 rle Board and Commission Application APPLICATION FOR APPOINTMENT TO THE: Planning Commission (Board/Commission/Committee) DATE: 3/27/19 DISTRICT: III HOW LONG HAVE YOU BEEN A RESIDENT OF WHEAT RIDGE? 15 years ARE YOU A REGISTERED VOTER? Yes WHY ARE YOU SEEKING THIS APPOINTMENT? I am interested in working with the Commission and citizens to help to guide the future of development and planning inthe Wheat Ridge community. DO YOU HAVE EXPERIENCE IN THIS AREA? Yes. I am a Landscape Architect with 25 years of experience in a wide array of project areas and client types. My initial career experience was in residential design and construction. After that I worked on commercial and civic projects with an architecture firm for 18 years. This included work on parks, commercial and public buildings, higher ed and healthcare campuses, as well as sports and recreation projects. The majority of these projects involved public agency approvals and afforded me an opportunity to work with many local municipalities and a variety of regulatory groups. HAVE YOU EVER SERVED, OR ARE YOU CURRENTLY ON A BOARD/COMMISSION/COMMITTEE AND IF SO, WHICH ONE? HOW LONG? I served on the LocalWorks (then WR2020) board for 3 years. I still volunteer with LocalWorks on various projects. ARE THERE ANY CONFLICTS WHICH WOULD INTERFERE WITH REGULAR ATTENDENCE OR DUTIES? I don't believe I have any conflicts but would like to understand the commitment a bit more. PRINT NAME David Land-Closson ADDRESS 8730 W. 34th Ave HOME PHONE c. 720-320-6615 BUSINESS PHONE E-MAIL ADDRESS dlandclosson@gmail.com Checking here completes your application, constitutes your signature and affirmation that the statements made are true. APPLICATION WILL BE KEPT ON FILE FOR ONE YEAR City Clerk’s Office, 7500 W. 29 Ave., Wheat Ridge CO 80033 Submit ATTACHMENT 4 ATTACHMENT 5 Board and Commission Application APPLICATION FOR APPOINTMENT TO THE: (Board/Commission/Committee) DATE: DISTRICT: HOW LONG HAVE YOU BEEN A RESIDENT OF WHEAT RIDGE? ARE YOU A REGISTERED VOTER? WHY ARE YOU SEEKING THIS APPOINTMENT? DO YOU HAVE EXPERIENCE IN THIS AREA? HAVE YOU EVER SERVED, OR ARE YOU CURRENTLY ON A BOARD/COMMISSION/COMMITTEE AND IF SO, WHICH ONE? HOW LONG? ARE THERE ANY CONFLICTS WHICH WOULD INTERFERE WITH REGULAR ATTENDENCE OR DUTIES? PRINT NAME ADDRESS HOME PHONE BUSINESS PHONE E-MAIL ADDRESS Checking here completes your application, constitutes your signature and affirmation that the statements made are true. APPLICATION WILL BE KEPT ON FILE FOR ONE YEAR City Clerk’s Office, 7500 W. 29th Ave., Wheat Ridge CO 80033 Board of Adjustment, At Large 3/11/2019 II 2 1/2 years Yes Working in Downtown and in River North for the last several years I have become really engaged in where I work and I want to become more engaged in where I live. By being on the Board of Adjustment I will be given the opportunity to support my local government and the citizens in a way that will continue to evolve our county for the better. I worked in commercial real estate development in Denver county and kept updated on the zoning ordinances, temporary use permits, floodplain zoning ordinance, and sign code and interprets these ordinances for our development. While I understand these are different counties I feel like this experience will offer a good deal of tools to reflect on. I am currently on a non-profit board Big Brothers Big Sisters of Colorado as co-chair, and have been active for 2 years. No Tiamo Wright 4075 Quay Street 720-666-5957 TiamoWright@gmail.com ✔ Submit 3/12/19 rle ITEM NO: DATE: April 8, 2019 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO RATIFY MAYORAL APPOINTMENTS TO THE HOUSING AUTHORITY PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO _______________________________ ______________________________ City Clerk City Manager ISSUE: The members of the Housing Authority are appointed by the Mayor and ratified by City Council. There currently are vacancies in District I, term to expire 3/2/2021, re-appointment in District II, term to expire 3/2/2024 and a City Council Member appointment due to Tim Fitzgerald’s resignation. Three applications were received for the vacant position in District I. Those applicants are Shawnna Black, Jerry DiTullio and Cheyanne Kinghorn, all residents of District I. Current Housing Authority Member Chad Harr, District II, has reapplied for another five-year term. PRIOR ACTION: None FINANCIAL IMPACT: None Council Action Form – Mayoral Appointment to the Housing Authority April 8, 2019 Page 2 BACKGROUND: Members of the Housing Authority are appointed by the Mayor and ratified by City Council. Mayor Starker has reviewed the applications and requested input from Council Members regarding the Elected Official position vacancy. RECOMMENDATIONS: Mayor Starker is recommending that Cheyanne Kinghorn be appointed to the Housing Authority representing District I, Chad Harr be re-appointed to the District II position and Council Member Amanda Weaver be appointed to the Authority. RECOMMENDED MOTION: “I move to ratify the District I Mayoral appointment of Cheyanne Kinghorn to the Housing Authority, term to expire March 2, 2021, and “I move to ratify the District II Mayoral re-appointment of Chad Harr to the Housing Authority, term to expire March 2, 2024, and I move to ratify the appointment of Amanda Weaver as the Elected Official Appointee. Or “I move to deny the appointment of ________________to the Housing Authority for the following reason(s) _____________________.” REPORT PREPARED BY: Robin Eaton, Deputy City Clerk Janelle Shaver, City Clerk Patrick Goff, City Manager ATTACHMENTS: 1. Housing Authority Applications Board & Commission Application PLEASE APPLY ONLY FOR ONE BOARD OR COMMISSION PER APPLICATION APPLICATION FOR APPOINTMENT TO THE: (BOARD/COMMISSION/COMMITTEE) DATE: DISTRICT HOW LONG HAVE YOU BEEN A RESIDENT OF WHEAT RIDGE: ARE YOU A REGISTERED VOTER? WHY ARE YOU SEEKING THIS APPOINTMENT? DO YOU HAVE EXPERIENCE IN THIS AREA? HAVE YOU EVER SERVED, OR ARE YOU CURRENTLY ON A BOARD/COMMISSION/COMMITTEE AND IF SO, WHICH ONE? HOW LONG? ARE THERE ANY CONFLICTS WHICH WOULD INTERFERE WITH REGULAR ATTENDANCE OR DUTIES? ZIP: SIGNATURE PLEASE PRINT OR TYPE NAME: ADDRESS: HOME PHONE: BUSINESS or CELL PHONE: E-MAIL ADDRESS: APPLICATION WILL BE KEPT ON FILE FOR ONE YEAR District 1 Planning Commission District 1 19 years Yes More involvement into the community and how NO No Shawnna Black 2915 Pierce Street 80214 303.503.6233 303.503.6233 sleab@icloud.com January 19, 2019 I worked in the Technical field as a Systems Consultant and Project Manager field for 25 years, planning and excututing project for companies. I may be able to give a voice, thoughts and understanding to the city of Wheat Ridge . I enjoy Wheat Ridge the old and the new and being involved in that future sound interesting and fun. 2/5/19 rle Per 03/12/2019 email use this Planning Commission application for any of the positions and the At Large ATTACHMENT 1 � � 4 � City of ?WheatRi_dge Board and Commission Application APPLICATION FOR APPOINTMENT TO THE: WRHA (Board/Commission/Committee) DATE: 3/12/2019 DISTRICT: 1 HOW LONG HA VE YOU BEEN A RESIDENT OF WHEAT RIDGE? 30+ years ARE YOU A REGISTERED VOTER? Yes WHY ARE YOU SEEKING THIS APPOINTMENT? To re-engage the WRHA with the City and the Community. DO YOU HA VE EXPERIENCE IN THIS AREA? Yes. I was a member of the WRHA for five years as a member of Wheat Ridge City Council and was on City Council when the WRHA was formed in 2000ish. HA VE YOU EVER SERVED, OR ARE YOU CURRENTLY ON A BOARD/COMMISSION/COMMITTEE AND IF SO, WHICH ONE? HOW LONG? Yes. WRHA - 5 years ARE THERE ANY CONFLICTS WHICH WOULD INTERFERE WITH REGULAR ATTENDENCE OR DUTIES? No PRINT NAME Jerry DiTullio ADDRESS 3250 Newland St. HOME PHONE no-253-6785 BUSINESS PHONE NIA E-MAIL ADDRESS jerryditullio@comcast.net■ Checking here completes your application, constitutes your signature andaffirmation that the statements made are true. APPLICATION WILL BE KEPT ON FILE FOR ONE YEAR City Clerk's Office, 7500 W. 29th Ave., Wheat Ridge CO 80033 3/13/19 rle City of Wheat Ridge Board & Commission Application for Reappointment Please circle one of the following: Yes, I would like to reapply for another Five-year term (Go to Section A&B) No, I do not wish to serve another term (Go to Section B) A.APPLICATION FOR REAPPOINTMENT TO THE: (BOARD/COMMISSION/COMMITTEE) DATE: DISTRICT ARE THERE ANY CONFLICTS WHICH WOULD INTERFERE WITH REGULAR ATTENDANCE OR DUTIES? B.INFORMATION – PLEASE COMPLETE TO UPDATE RECORDS NAME: ADDRESS: HOME PHONE: BUSINESS or CELL PHONE: E-MAIL ADDRESS:I hereby certify and affirm that all the information contained in this application is true,complete and correct. I understand that false or misleading statements or the omission ofimportant information made on this application or any time during the process maydisqualify me from serving for this position. I understand that the City Council mustappoint or ratify all members to Boards and Commissions. SIGNATURE APPLICATION WILL BE KEPT ON FILE FOR ONE YEAR 3/6/19 rle April 5, 2019 Wheat Ridge City Council City of Wheat Ridge City Hall 7500 W. 29th Ave. Wheat Ridge, CO 80033 RE: Proposed development at 4000 Upham St. Dear Councilmembers, I’m sure that Wheat Ridge City Council and its zoning and building departments have much to consider when evaluating the city’s development and growth. In my opinion, this project’s size, architectural elements, building arrangement, and response to infrastructure issues indicate that the developer and the City have been sensitive to the potential for negative outcomes triggered by rapid growth and as encountered by neighboring municipalities. In addition, the developer and City representatives have been quick to respond – directly, openly, and at length – to citizens’ concerns. For example, the City has taken pains to reassure the community that the PRD zoning designation is site and project specific, and not to be seen as the first step to blanket rezoning of other residential areas of the city. Wheat Ridge will be well-served by this new housing now and in the future. The shortage of housing in the metropolitan area has driven up land and development costs to the point that it is unlikely the four small, aging, rentals in question could be re-developed into anything other than multi-family units. In addition, the project’s location – between an established single and multi- family neighborhood and a major transportation hub – offers easy pedestrian access to a variety of shopping and mass transportation opportunities. More and more urban homeowners – from young families to retirees – prefer this sort of pedestrian-friendly neighborhood. As a result, this project has the potential to help revitalize nearby retail centers. It is my considered opinion that approval of the rezoning request and the proposed project are in the best interests of Wheat Ridge. Sincerely, Rhonda Norman, Homeowner 4110 Upham St. Wheat Ridge, CO 80033 cc: Tony Delgrippo, Upham Partners Lauren Mikulak, Planning Manager April 8, 2019 To: Wheat Ridge City Council Re: Ridge Top Village City Council Hearing Hello, I’m Diane Robb, 7003 W 35th Ave. Wheat Ridge. I am here tonight to support the Ridge Top Village site development on Upham St. This neighborhood is a prime example of where rezoning from R-3 to PRD will truly benefit not only the neighborhood but Wheat Ridge in general. I appreciate the fact that many of my fellow citizens have been members of the community for several generations and have concerns about the character of well-established neighborhoods being dramatically altered by the introduction of zoning changes. However, being familiar with the exact location of this proposed project, it was a no-brainer to me that this site would greatly benefit both economically and aesthetically from the exact type of community being proposed in the developer’s site plan. This location currently is a mishmash of homes with varying architectural styles dispersed with outdated apartment buildings and definitely no sense of continuity that one would value for its historic aesthetics. This is a prime example of where Wheat Ridge can utilize the zone changing process to take a faltering neighborhood and truly increase the value of this neighborhood which benefits everyone here in city. Thank you, Diane Robb Diane Robb April 5, 2019 Re: RidgeTop Village City Council Hearing – April 8, 2019 Dear Members of the Wheat Ridge City Council, I am a Wheat Ridge resident residing at 2925 Teller St, informing you of my support for the rezoning of 4000, 4042, 4062, & 4066 Upham St from R-3 to PRD, and my support for the RidgeTop Village site development plan. I appreciate the fact that many of my fellow citizens and their families have been members of the community for several generations and have concerns about the character of well- established neighborhoods being dramatically altered by the introduction of zoning changes such as PRD. However, once I became familiar with the exact location of this proposed project, it’s current zoning, and the current building makeup, it was a no-brainer to me that this site would greatly benefit both economically and aesthetically from the exact type of community being proposed in the developer’s site plan. The section of 38th Avenue just south of the proposed building site is ripe for revitalization. This is Wheat Ridge’s “main street”, and fresh new housing stock adjacent to this business corridor will provide a symbiotic relationship encouraging Pride of Ownership as well as steady base of new local business consumers. This isn’t just good economic sense to the business district, it is also vital to its sustainability for this generation and future generations. Thank you for considering my stance. Sincerely, Jennifer Miller Jennifer Miller