HomeMy WebLinkAboutCity Council Agenda Packet 05-13-19 AGENDA
CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING May 13, 2019 7:00 p.m.
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CALL TO ORDER PLEDGE OF ALLEGIANCE
ROLL CALL OF MEMBERS PROCLAMATIONS AND CEREMONIES Mental Health Month – Jefferson Center for Mental Health Principal Jeff Gomez Retirement from Jefferson County Schools
National Police Week Wheat Ridge Grange Contribution to Feed the Future Program APPROVAL OF MINUTES Council Minutes of February 11, 2019 and March 11, 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: May 13, 2019 Page -2-
1. CONSENT AGENDA a. Motion to award a contract and approve subsequent payments to Independent Roofing Specialists, LLC Commerce City Colorado in the
amount of $478,710 for hail damage repairs to Parks, Forestry, Open Space,
and Public Works Structures b. Resolution 28-2019 – approving an Intergovernmental Agreement with the City of Lakewood providing for resurfacing of 26th Ave. between Kipling Street and Oak Street
c. Motion to approve a contribution to the Wheat Ridge Business District for the
purpose of funding the Business Improvement Grant Program in the amount of $90,000 d. Resolution 29-2019 – amending the Fiscal Year 2019 General Fund Budget to reflect the approval of a Supplemental Budget Appropriation in the amount
of $8,155 for the Foothills Animal Shelter Special Assessment
e. Resolution 27-2019 – approving the Memorandum of Understanding between Signal Behavioral Health Network and the City of Wheat Ridge to receive and distribute Narcan® Nasal Spray Kits
PUBLIC HEARINGS AND ORDINANCES ON SECOND READING
2. Resolution 31-2019 – approving an amended and restated Service Plan and Intergovernmental Agreement with the Ward TOD Metropolitan District NOS. 1-3
3. Resolution 32-2019 – approving a Cooperation Agreement between the City of
Wheat Ridge and the Wheat Ridge Urban Renewal Authority for the Applewood Village Redevelopment 4. Council Bill 05-2019 – an 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 5. Council Bill 02-2019 – approving a zone change from Residential-Three (R-3) to Planned Residential Development (PRD) with and Outline Development Plan
(ODP) for property located at 4000-4066 Upham Street (Case No. WZ-18-
17/Ridgetop Village) 6. Resolution 19-2019 – approving a Specific Development Plan (SDP) for property located at 4000-4066 Upham Street (Case No. WZ-18-18/Ridgetop Village)
7. Resolution 20-1019 approving a Major Subdivision for property located at 4000-4066 Upham Street (Case No. WS-18-02/Ridgetop Village) 8. Council Bill 06-2019 – approving the rezoning of property located at 3300 Ames
Street from Residential-Three (R-3) to planned Residential Development (PRD)
with an Outline Development Plan (ODP) (Case No. WZ-18-25/Feaster)
CITY COUNCIL AGENDA: May 13, 2019 Page -3-
PUBLIC HEARINGS AND ORDINANCES ON SECOND READING cont 9. Resolution 30-2019 – approving a Specific Development Plan (SDP) for property located at 3300 Ames Street (Case No. WZ-18-26/Feaster)
ORDINANCES ON FIRST READING 10. Council Bill 07-2019 – removing the local historic landmark status from an accessory structure on property located at 11480 W. 44th Avenue (Case No.
WHL-19-01/McEntire) CITY MANAGER’S MATTERS CITY ATTORNEY’S MATTERS
ELECTED OFFICIALS’ MATTERS ADJOURNMENT
ITEM NO: DATE: May 13, 2019 REQUEST FOR CITY COUNCIL ACTION
TITLE: MOTION TO AWARD A CONTRACT AND APPROVE SUBSEQUENT PAYMENTS TO INDEPENDENT ROOFING
SPECIALISTS, LLC COMMERCE CITY COLORADO IN
THE AMOUNT OF $478,710 FOR HAIL DAMAGE REPAIRS
TO PARKS, FORESTRY, OPEN SPACE, AND PUBLIC
WORKS STRUCTURES 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 May 8, 2017 hailstorm caused extensive damage to a majority of Parks, Forestry, Open
Space and Public Works structures. CIRSA, the City’s insurance company, evaluated the damage and provided insurance estimates to the City to repair the damage. Repair services were formally solicited by the Purchasing and Contracting Division and Independent Roofing Specialists, LLC is the low bidder in the amount of $478,710.
PRIOR ACTION: None FINANCIAL IMPACT: Funding was appropriated in the 2019 Central Charges budget for these repairs. CIRSA
will reimburse the City was the work is completed. BACKGROUND: Three bids were accepted for ITB-19-04 on April 16, 2019. Independent Roofing Specialists,
LLC is the low bidder at $478,710. Awarding this contract will provide the funds necessary to
Council Action Form – Hail Damage Repairs
May 13, 2019
Page 2 repair or replace roofs, siding and paint at all Parks, Forestry, Open Space and Public Works
structures damaged during the May 8, 2017 hailstorm.
RECOMMENDATIONS: Staff recommends the award of the contract to Independent Roofing Specialists LLC, for hail damage repair to Parks, Forestry, Open Space, and Public Works structures.
RECOMMENDED MOTION: “I move to award a contract and approve subsequent payments to Independent Roofing Specialists LLC, Commerce City, Co., in the amount of $478,710 for hail damage repair to Parks, Forestry, Open Space, and Public Works structures.
Or, “I move to deny award of a contract and subsequent payments to Independent Roofing Specialists LLC, Commerce City, Co., in the amount of $478,710 for the hail damage repair to Parks,
Forestry, Open Space, and Public Works structures.
REPORT PREPARED/REVIEWED BY: Mark Ruote, Park Project Coordinator Joyce Manwaring, Director of Parks and Recreation
Jennifer Nellis, Purchasing and Contracting Agent
Patrick Goff, City Manager ATTACHMENTS: 1. Bid Tabulation Sheet (as corrected)
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ITEM NO: DATE: May 13, 2019 REQUEST FOR CITY COUNCIL ACTION
TITLE: RESOLUTION NO. 28-2019 - A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH THE
CITY OF LAKEWOOD PROVIDING FOR RESURFACING
OF 26TH AVENUE BETWEEN KIPLING STREET AND OAK
STREET
PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO
_______________________________ ______________________________
Director of Public Works City Manager ISSUE: The cities of Wheat Ridge and Lakewood both engage in annual pavement rehabilitation and
resurfacing projects. 26th Avenue serves as a common boundary between the two cities between Kipling Street and Oak Street. In accordance with the pavement management and maintenance schedules for both cities, this stretch of 26th Avenue is scheduled for resurfacing in 2019.
In such instances where more than one municipality shares a common boundary or street, it has
consistently proven more cost effective and less disruptive if a single project is performed by a single entity, rather than each individual city conducting its own project. As such, staff from each city have mutually identified and developed a project that meets the needs of both cities and have prepared an Intergovernmental Agreement (IGA). This IGA provides for the street
resurfacing to be administered by the City of Lakewood with the City of Wheat Ridge
compensating Lakewood for its appropriate share of the project costs. Such arrangement has occurred on 26th Avenue in the past and the cities have alternated being the lead agency.
Council Action Form – 26th Avenue Resurfacing IGA
May 13, 2019
Page 2 PRIOR ACTION: None
FINANCIAL IMPACT: Funding for this work was approved in the 2019 Capital Improvement Program budget, Preventive Maintenance Projects (30-303-800-884). The total approved budget for this budget
line item is $1,900,000, which includes asphalt resurfacing, miscellaneous concrete work,
patching, and crack sealing. The estimated contribution from the City of Wheat Ridge for 26th Avenue resurfacing between Kipling Street and Oak Street is $42,252.56, which easily fits within the total budget that includes other resurfacing, concrete, and maintenance work identified for 2019.
BACKGROUND: The annual Street Resurfacing Program was developed to provide needed maintenance to a number of selected streets by priority in accordance with the citywide maintenance plan. The program is intended to extend the life of pavement on streets that are structurally sound. For the
2019 project, 26th Avenue between Kipling Street and Oak Street will be resurfaced along with
other selected local streets. The overall program also includes the following: concrete and curb ramp replacements on streets being resurfaced, striping maintenance of high volume streets throughout the City by priority, spot pavement patching citywide and crack sealing.
26th Avenue is shared as a common boundary between Wheat Ridge and Lakewood between
Kipling Street and Oak Street, and both cities have identified and scheduled this street for resurfacing in 2019. As a result of meetings between staff from both cities, it was collectively determined that a single project administered by the City of Lakewood with Wheat Ridge contributing its fair share would serve as the most efficient means of performing the resurfacing
work.
RECOMMENDATIONS: Staff recommends approving the attached resolution authorizing approval of an Intergovernmental Agreement (IGA) with the City of Lakewood.
RECOMMENDED MOTION: “I move to approve Resolution No. 28-2019, a Resolution approving an Intergovernmental Agreement with the City of Lakewood, providing for resurfacing of 26th Avenue between Kipling Street and Oak Street”
Or: “I move to postpone indefinitely Resolution No. 28-2019, a Resolution approving an Intergovernmental Agreement with the City of Lakewood, providing for resurfacing of 26th
Avenue between Kipling Street and Oak Street for the following reason(s):”
____________________________________________________________________________.”
Council Action Form – 26th Avenue Resurfacing IGA
May 13, 2019
Page 3 REPORT PREPARED/REVIEWED BY: Steve Nguyen, Engineering Manager
Patrick Goff, City Manager ATTACHMENTS: 1. Resolution No. 28-2019
2. Intergovernmental Agreement
CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 28 Series of 2019 TITLE: A RESOLUTION APPROVING AN INTERGOVERNMENTAL
AGREEMENT WITH THE CITY OF LAKEWOOD FOR RESURFACING OF 26th AVENUE BETWEEN KIPLING STREET AND OAK STREET WHEREAS, 26th Avenue between Oak Street and Kipling Street serves as the
boundary between the cities of Wheat Ridge and Lakewood, with each city being
responsible for the portion of the street lying within its corporate boundary; and WHEREAS, 26th Avenue is in need of maintenance and resurfacing work in accordance with the maintenance needs and policies of both cities; and
WHEREAS, the cities of Lakewood and Wheat Ridge desire to complete the resurfacing work as a single project, with costs split in accordance with the amount of pavement surface located in each respective city; and
WHEREAS, the project will be administered by the city of Lakewood with the city
of Wheat Ridge compensating Lakewood for its appropriate share of the cost; and WHEREAS, an Intergovernmental Agreement (IGA) between the city of Wheat Ridge and the city of Lakewood has been prepared to govern the administration and
cost sharing for the project, as permitted by Section 14.2 of the Wheat Ridge Charter. NOW, THEREFORE, BE IT RESOLVED by the City Council of the city of Wheat Ridge, Colorado, that:
Section 1. Agreement Approved.
The Intergovernmental Agreement between the city of Lakewood and the city of
Wheat Ridge for resurfacing of 26th Avenue, attached as Exhibit A, is hereby approved, and the Mayor and City Clerk are authorized and directed to execute the same.
This Resolution shall be effective immediately upon adoption.
DONE AND RESOLVED this _____ day of ____________, 2019.
Bud Starker, Mayor ATTEST:
Janelle Shaver, City Clerk
ATTACHMENT 1
RESO 001 2
Exhibit A
Intergovernmental Agreement [Attached]
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Page 1 of 5
INTERGOVERNMENTAL AGREEMENT BETWEEN CITY OF LAKEWOOD AND CITY OF WHEAT RIDGE REGARDING 32ND AVENUE MILLING/PATCHING/OVERLAY PROJECT
THIS INTERGOVERNMENTAL AGREEMENT BETWEEN CITY OF LAKEWOOD AND CITY OF WHEAT RIDGE REGARDING 26th AVENUE MILLING/PATCHING/OVERLAY PROJECT (the “IGA”) is made and entered into this _____ day of ______________, 2019 (the
“Effective Date”), by and between the CITY OF LAKEWOOD, a Colorado home rule municipal
corporation whose principal business address is 480 South Allison Parkway Lakewood, Colorado 80226 (“Lakewood”), and between the CITY OF WHEAT RIDGE, a home rule municipal corporation of the State of Colorado, whose principal business address is 7500 W. 29th Avenue, Wheat Ridge, Colorado 80033 (“Wheat Ridge”).
WHEREAS, Article XIV, Section 18(2)(a), of the Constitution of the State of Colorado and Part 2, Article 1, Title 29, C.R.S., encourage and authorize intergovernmental agreements;
WHEREAS, C.R.S. § 29-1-203 authorizes governments to cooperate and contract with one another to provide any function, service or facility lawfully authorized to each;
WHEREAS, the parties desire to enter into this IGA to engage in a shared
Milling/Patching/Overlay project on 26th Avenue between Oak Street and Kipling Steet (the
“Project”);
WHEREAS, Wheat Ridge is responsible for approximately forty-five percent (45%) of the
maintenance responsibilities along the north side of 26th Avenue between Oak Street and Kipling Street;
WHEREAS, the total area for the Project is approximately 101,304 square feet with
Lakewood responsible for approximately 55,979 square feet thereof, Wheat Ridge responsible for approximately 45,325 square feet thereof;
WHEREAS, on January 18, 2018, Lakewood entered into a contract with Martin Marietta
Materials, Inc. (“Contractor”), to perform Lakewood’s Overlay Program (the “Overlay Contract”), which Contract was renewed on March 1, 2019, for Lakewood’s 2019 Overlay Program; and
WHEREAS, the parties desire to enter into this IGA to extend Contractor’s work under the Overlay Contract to include milling/patching/overlay work along 26th Avenue as desired by Wheat Ridge.
NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, the sufficiency of which is expressly acknowledged, the parties hereby agree as follows:
1.WORK. Pursuant to this IGA, Contractor shall perform the Wheat Ridge maintenanceobligations on 26th Avenue between Oak Street and Kipling Street, as set forth in the Scopeof Work in Attachment A, attached hereto and incorporated herein by this reference, andin accordance with the standards set forth in the Overlay Contract.
2.CONSIDERATION. In exchange for Contractor’s services, Wheat Ridge shall pay Lakewoodin accordance with the following table. Payment shall be made in a lump sum within thirty(30) days following substantial completion and acceptance by Wheat Ridge.
ATTACHMENT 2
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Page 2 of 5
Item Unit Quantity Price TOTAL
Remove Asphalt Mat 2" Full Width S.Y. 5,036 $1.26 $6,345.36
HBP (Overlay) (SX 64-22) TON 560 $64.12 $35,907.20
$42,252.56
Pricing does not reflect any patching that may be required. If patching is required, Wheat Ridge shall compensate Lakewood in accordance with the costs set forth in Attachment A.
In the event there are unforeseen and/or additional work items not covered in this Agreement, such additional work (including costs) will proceed only upon mutual agreement between the two cities.
3.TERM. The Term of this IGA shall be from the Effective Date through , 2019.
4.LIABILITY/GOVERNMENTAL IMMUNITY.
A.Liability of the Parties. Each party shall be liable and responsible for the acts and omissions of its own employees, agents and elected and appointed, and neither party shall be responsible for the acts or omissions of the other party's employees,
agents or elected or appointed officials.
B. CGIA. Both parties are governmental entities subject to and protected by the limitations on liability set forth in the Colorado Governmental Immunity Act, C.R.S. Title 24, Article 10 (the “CGIA”). Nothing herein shall be deemed to waive any rights or immunities established pursuant to the CGIA or otherwise provided by law.
5.NOTICES. Notices provided to a party pursuant to this IGA shall be in writing, addressed tothe parties as follows:
If to Lakewood: If to Wheat Ridge:
Infrastructure Maintenance/Ops. Engineer Public Works Director City of Lakewood Public Works Dept. City of Wheat Ridge 480 S. Allison Pkwy 7500 W. 29th Avenue
Lakewood, CO 80226 Wheat Ridge, Colorado 80033
6.GENERAL PROVISIONS.
A.INTEGRATED AGREEMENT. This Agreement contains the entire agreement of the
parties relating to the subject matter hereof and, except as provided herein, may not be modified or amended except by written agreement of the parties.
B. No Third-Party Beneficiaries. It is expressly understood and agreed that
enforcement of the terms and conditions of this IGA and all rights of action relating to such enforcement shall be strictly reserved to the parties. It is the express intention of the parties that any person other than Lakewood and Wheat Ridge shall be
deemed to be only an incidental beneficiary under this IGA.
C. Governing Law and Venue. This IGA shall be governed by the laws of the State of Colorado. Venue shall be in the County of Jefferson, State of Colorado, or, for federal claims, in the United States District Court for the District of Colorado.
17-XXXXX
Page 3 of 5
D. Headings. Paragraph headings used in this IGA are for convenience of reference and shall in no way control or affect the meaning or interpretation of any provision of
this IGA.
E. Severability. In the event a court of competent jurisdiction holds any provision of this IGA invalid or unenforceable, such holding shall not invalidate or render unenforceable any other provision of this IGA.
F. Counterparts; Electronic Disposition. This IGA may be executed in any number of counterparts, each of which shall be deemed to be an original and all such counterparts taken together shall be deemed to constitute one and the same instrument. The parties acknowledge and agree that the original of this IGA, including the signature page, may be scanned and stored in a computer database or similar device, and that any printout or other output readable by sight, the reproduction of which is shown to accurately reproduce the original of this IGA, may be used for any purpose as if it were the original, including proof of the content of the original writing.
G. Authority. The parties represent and warrant that they have taken all actions necessary to legally authorize the undersigned signatories to execute this IGA on
behalf of the parties and to bind the parties to its terms.
[Remainder of page intentionally blank – signatures follow.]
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Page 4 of 5
IN WITNESS WHEREOF, the parties have executed this IGA as of the Effective Date.
CITY OF WHEAT RIDGE
____________________________________ [Signature]
____________________________________ [Name & Title] ATTEST:
_____________________________________ [Signature]
_____________________________________ [Name & Title] Approved as to legal form:
____________________________________ [Signature]
____________________________________ [Name & Title]
CITY OF LAKEWOOD
____________________________________
Kathleen E. Hodgson, City Manager ATTEST:
_____________________________________ Margy Greer, City Clerk Approved as to form:
____________________________________ Gregory D. Graham, Deputy City Attorney Recommended for Approval:
_____________________________________
Jay Hutchison, Director
Department of Public Works
_____________________________________ Kyle Beck, Infrastructure Maintenance/Ops. Engineer Department of Public Works
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Page 5 of 5
ATTACHMENT A – SCOPE OF WORK
Contractor will perform the following work for Wheat Ridge:
A two-inch (2”) full mill of 26th Avenue between Oak Street and Kipling Street.
o Necessary patching will follow the milling operation
Patching shall be at six inches (6”) thick or match existing mat thickness, whichever is greater
2019 pricing for patching is $119.60 per ton for HBP ‘A’ Patch (grade S) (Haul & Asphalt (Collector))
Any patching required will be discussed among the parties and paid for by the responsible party
o Once patching is complete, Contractor will overlay the milled portion of 26th Avenue with a two-inch (2”) final lift Overlay using SX 58-28 Hot Mix Asphalt
o Striping will be installed by Lakewood’s in-house striping crew
ITEM NO: DATE: May 13, 2019 REQUEST FOR CITY COUNCIL ACTION
TITLE: MOTION TO APPROVE A CONTRIBUTION TO THE WHEAT RIDGE BUSINESS DISTRICT FOR THE PURPOSE
OF FUNDING THE BUSINESS IMPROVEMENT GRANT
PROGRAM IN THE AMOUNT OF $90,000
PUBLIC HEARING ORDINANCES FOR 1ST READING
BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO
_________________________________ City Manager ISSUE: The 2019 City budget includes a contribution to the Wheat Ridge Business District (WRBD) in
the amount of $90,000 for a matching grant program. An invoice was received from the WRBD for this funding. Expenditures over $75,000 require City Council approval. PRIOR ACTION: City Council approved $90,000 in funding during the 2019 budget process for the WRBD Grant
Program. FINANCIAL IMPACT: The 2019 budget includes a total of $90,000 for the Wheat Ridge Business District.
The City has contributed funding to the WRBD beginning in 2011 in the following amounts:
Year WRBD Contribution Year WRBD Contribution
2011 $95,000 2015 $45,000
2012 $40,000 2016 $45,000
2013 $90,000 2017 $45,000
2014 $45,000 2018 $45,000
Council Action Form – Contribution to WRBD Grant Program
May 13, 2019
Page 2 BACKGROUND: The Wheat Ridge Business District (WRBD) was formed in a joint partnership between local
business owners and the City of Wheat Ridge to help revitalize 38th Avenue – the City’s traditional “Main Street.” The effort has been expanded to serve businesses throughout the City of Wheat Ridge.
The Wheat Ridge Business District administers several grant programs for Wheat Ridge
businesses. The grant programs are matching grants up to specified limits. WRBD offers the
following programs:
• Revitalization Incentive Program (RIP) provides assistance for facade (including architectural design fees) and sign improvements.
• Accessibility Grant Program offers assistance for accessibility issues such as handicap
bathrooms and ramps.
• Commercial Exterior Paint Program is for businesses painting the exterior of their business.
• Commercial Landscape Grant is a one-time grant for landscape improvements.
• Façade Plus Program is an effort to have a larger category to consider larger in scope
projects that include substantial changes to the façade.
The grant programs are matching grants up to specified limits. This means for every $1 spent by the business, the WRBD will match $1 up to the specified limits. Grants include:
• Up to $3,750 for sign improvements
• Up to $6,000 for conversion of pole signs to monument signs
• Up to $7,500 for facade improvements
• Up to $2,500 for architectural/design assistance
• Up to $6,000 towards a completed accessibility project
• Up to $3,000 towards a Visual Impact Special Project that increases curb appeal
• Up to $900 for a landscaping project
• Up to $600 for exterior painting project supplies
RECOMMENDATIONS: Staff recommends approval of the contribution to the WRBD in the amount of $90,000 for the
Business Improvement Grant Program.
RECOMMENDED MOTION: “I move to approve a contribution to the Wheat Ridge Business District for the purpose of funding the Business Improvement Grant Program in the amount of $90,000.”
Or,
Council Action Form – Contribution to WRBD Grant Program
May 13, 2019
Page 3 “I move to deny approval of a contribution to the Wheat Ridge Business District for the purpose
of funding the Business Improvement Grant Program in the amount of $90,000 for the following
reason(s) ____________________.” REPORT PREPARED/REVIEWED BY: Steve Art, Economic Development and Urban Renewal Manager
Patrick Goff, City Manager
ATTACHMENTS: 1. Wheat Ridge Business District invoice
ATTACHMENT 1
ITEM NO: DATE: May 13, 2019 REQUEST FOR CITY COUNCIL ACTION
TITLE: RESOLUTION NO. 29-2019 – A RESOLUTION AMENDING THE FISCAL YEAR 2019 GENERAL FUND BUDGET TO
REFLECT THE APPROVAL OF A SUPPLEMENTAL
BUDGET APPROPRIATION IN THE AMOUNT OF $8,155
FOR THE FOOTHILLS ANIMAL SHELTER SPECIAL
ASSESSMENT PUBLIC HEARING ORDINANCES FOR 1ST READING
BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO
_______________________________ ______________________________ Chief of Police City Manager ISSUE: Since 2011, entities in Jefferson County have paid a special assessment to the Foothills Animal Shelter in order to continue operations of this facility. The Police Department budgeted $47,040 for 2019; however, the actual assessment is $55,195. PRIOR ACTION:
City Council approved a budgeted amount of $47,040 as part of the 2019 Budget approval process. FINANCIAL IMPACT: The supplemental budget request is $8,155. There are adequate reserves in the General
Fund to meet this request.
BACKGROUND: The Foothills Animal Shelter serves as Jefferson County’s animal shelter, providing essential animal welfare services to eleven entities in the County. On July 16, 2018, the Foothills Animal
Shelter Board of Directors met with Jefferson County and City Managers to review expenditures,
Budget Supplemental Request for Foothills Animal Shelter
May 13, 2019
Page 2 financial projections and licensing and assessment revenue opportunities. The Board expressed a
need to maintain a revenue stream in the amount of $1.6 million from dog licensing revenue and
assessments from the Jefferson County jurisdictions in 2019. In September 2018, Foothills Animal Shelter provided a Pet Licensing Program Activity Report that pet licensing goals were below the goals established for all jurisdictions resulting in lower overall revenue numbers.
The city budgeted $47,040 for a special assessment in the 2019 Budget. Written notification was
received on October 9, 2018, of a special assessment in the amount of $55,195, resulting in a gap of $8,155. RECOMMENDATIONS: Staff recommends approval of this supplemental budget request.
RECOMMENDED MOTION: “I move to approve Resolution No. 29-2019 – a resolution amending the Fiscal Year 2019 General Fund Budget to reflect the approval of a supplemental budget appropriation in the
amount of $8,155 for the Foothills Animal Shelter Special Assessment.”
Or, “I move to postpone indefinitely Resolution No. 29-2019 – a resolution amending the Fiscal
Year 2019 General Fund Budget to reflect the approval of a supplemental budget appropriation
in the amount of $8,155 for the Foothills Animal Shelter Special Assessment for the following reason(s) __________________________.” REPORT PREPARED/REVIEWED BY: Daniel Brennan, Chief of Police
Patrick Goff, City Manager ATTACHMENTS: 1. Resolution No. 29-2019
2. FAS Pet Licensing Program Activity Report
3. FAS memorandum dated October 9, 2018 4. FAS memorandum dated January 24, 2019
CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 29
Series of 2019 TITLE: A RESOLUTION AMENDING THE FISCAL YEAR 2019 GENERAL FUND BUDGET TO REFLECT THE APPROVAL
OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $8,155 FOR THE FOOTHILLS ANIMAL SHELTER SPECIAL ASSESSMENT WHEREAS, the City Council recognizes the important role that the Foothills
Animal Shelter plays in providing animal welfare services to the City of Wheat Ridge
and Jefferson County; and WHEREAS, the 2019 Special Assessment is required in order to continue to provide quality services at the animal shelter; and
WHEREAS, the 2019 Special Assessment request from Foothills Animal Shelter is $8,155 more than the amount budgeted for this year; and WHEREAS, the Wheat Ridge Charter requires that amendments to the budget
be effected by the City Council adopting a Resolution.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows:
A. The City Council authorizes the transfer of $8,155 from the General Fund
undesignated reserves to account number 01-203-700-721 and amending the 2019 fiscal year budget accordingly.
DONE AND RESOLVED this 13th day of May 2019.
__________________________ William “Bud” Starker, Mayor
ATTEST: _____________________________
Janelle Shaver, City Clerk
ATTACHMENT 1
ATTACHMENT 2
ATTACHMENT 3
ATTACHMENT 4
ITEM NO: _ DATE: May 13, 2019 REQUEST FOR CITY COUNCIL ACTION
TITLE: RESOLUTION NO. 27-2019 – A RESOLUTION APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN
SIGNAL BEHAVIORAL HEALTH NETWORK AND THE
CITY OF WHEAT RIDGE TO RECEIVE AND DISTRIBUTE
NARCAN® NASAL SPRAY KITS
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 is undertaking the development and deployment of a Narcan program for all uniformed personnel in order to proactively impact opioid overdose situations as they are encountered. PRIOR ACTION: None FINANCIAL IMPACT: There will be no financial impact to the City of Wheat Ridge for the purchase of Narcan kits. The department will spend approximately $678.96 from Fund 17 for individual storage kits for
the Narcan. BACKGROUND The Wheat Ridge Police Department is undertaking the development and deployment of a Narcan program for all uniformed personnel in order to proactively impact opioid overdose
situations as they are encountered. To that end, the police department has secured 72 full Narcan kits, a total of 144 doses of Narcan at no cost through a program administered by the Colorado Association of Chiefs of Police (CACP). These 72 Narcan kits would otherwise have a cost to
Council Action Form - Signal Behavioral Health Network MOU
May 13, 2019
Page 2 law enforcement of $75 per kit, or $5,400. However, by entering into an MOU with Signal Behavioral Health Network, through the program administered by CACP, the Narcan kits will
carry no cost to the organization.
A policy is currently being developed to ensure industry best practices are met with respect to the acquisition and deployment of Narcan. The MOU directs WRPD to obtain standing orders from the Colorado Department of Public Health and Environment within six months of execution.
This process has been initiated. The MOU also requires training to be provided to individuals
before they administer Narcan. Steps to meet the training requirements have already been initiated. The final requirement of the MOU is with regard to reporting, which will be met by the Narcan program administrator in compliance with the MOU and to be set forth by policy currently being written.
Equipping uniformed personnel with Narcan, and providing them with the training and support to deploy such on scenes of cases involving opioid overdose, provides the police department a recognized method and course of action to save lives in such events.
RECOMMENDATIONS:
Staff recommends that City Council approve the Memorandum of Understanding between Signal Behavioral Health Network and the City of Wheat Ridge. RECOMMENDED MOTION: “I move to approve Resolution No. 27-2019, a Resolution approving the Memorandum of
Understanding between Signal Behavioral Health Network and the City of Wheat Ridge to received and distribute Narcan® Nasal Spray kits.” Or,
“I move to postpone indefinitely Resolution No. 27-2019, a Resolution approving the Memorandum of Understanding between Signal Behavioral Health Network and the City of Wheat Ridge to receive and distribute Narcan® Nasal Spray kits for the following reason(s) .”
REPORT PREPARED/REVIEWED BY: Darrel Guadnola, Investigations Bureau Commander Daniel Brennan, Chief of Police Patrick Goff, City Manager
ATTACHMENTS: 1. Resolution No. 27-2019 2. Signal Behavioral Health Network MOU
CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 27-2019
Series of 2019
TITLE: A RESOLUTION APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN SIGNAL BEHAVIORAL HEALTH NETWORK AND THE CITY OF WHEAT RIDGE TO RECEIVE
AND DISTRIBUTE NARCAN® NASAL SPRAY KITS
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, Signal Behavioral Health Network (“Signal”) is the State of Colorado’s
largest Managed Services Organization (MSO), responsible for providing a continuum of
substance use disorder (SUD) services on behalf of the State of Colorado; and
WHEREAS, in such capacity, Signal has obtained grant funding from the Substance Abuse Mental Health Services Administration (SAMHSA), regarding State Targeted Response (STR) and the State Opioid Response (SOR) to the Opioid Crisis Grants, to
purchase and distribute Naloxone kits; and
WHEREAS, Naloxone is a medication that reverses an opiate overdose, and Narcan® nasal spray is a Food and Drug Administration (FDA) approved product that allows a lay person to administer Naloxone to someone experiencing an overdose; and
WHEREAS, Signal wishes to make Narcan® nasal spray kits available to first
responders who may encounter individuals experiencing a potentially fatal opioid/opiate
overdose, and the City wishes to receive and use such kits through its Police Department, in furtherance of the mutual goal of reducing deaths in Colorado due to opiate/opioid overdose; and
WHEREAS, Section 14.2 of the Wheat Ridge Home Rule Charter authorizes the
Council, acting by resolution or ordinance, to approve such agreements.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows:
Section 1. The attached Memorandum of Understanding between Signal Behavioral Health Network and the City of Wheat Ridge, concerning Narcan® Nasal
Spray Kits, is hereby approved. The Mayor and Clerk are authorized to execute the
same.
ATTACHMENT 1
DONE AND RESOLVED this ____ day of ______________, 2019.
Bud Starker, Mayor ATTEST:
Janelle Shaver, City Clerk
SIGNAL BEHAVIORAL HEALTH NETWORK
MEMORANDUM OF UNDERSTANDING Narcan® Nasal Spray This Memorandum of Understanding (MOU) sets forth the terms and understanding between Signal Behavioral Health Network (Signal) and the City of Wheat Ridge
(Agency) to receive and distribute Narcan® Nasal Spray kits. Background The Office of Behavioral Health (OBH) under the Colorado Department of Human Services received a Notice of Award from the Substance Abuse Mental Health Services Administration
(SAMHSA) regarding State Targeted Response (STR) and the State Opioid Response (SOR) to the Opioid Crisis Grants. The purchase and distribution of Naloxone kits is one of the primary activities funded through the STR and SOR grants. Funding for Narcan® nasal spray is made available through the
Federal Cures Act and the subsequent grant from the Substance Abuse and Mental Health Services Administration. Purpose The overall goal is to reduce deaths in Colorado due to opiate/opioid overdose. Naloxone is a
medication that reverses an opiate overdose. Narcan® nasal spray is a Food and Drug Administration (FDA) approved product that allows a lay person to easily administer naloxone to someone experiencing an overdose. Narcan® nasal spray is to be distributed to first responders who may encounter individuals experiencing a potentially fatal opioid/opiate overdose.
Requirements It is strongly recommended for all organizations receiving Narcan® nasal spray overdose reversal kits to complete the steps required to distribute or administer naloxone through standing orders. This can be done by using the process outlined on the Colorado Department of Public Health and Environment (CDPHE) website at:
https://www.colorado.gov/pacific/cdphe/naloxoneorders unless the organization has a medical provider who shall develop their own standing orders. For agencies who currently do not have a standing order, by signing this MOU, the agency is committing to obtain a standing order within six months of MOU execution date.
Agency shall provide training to each recipient of the Narcan® kit on administering the medication. Additionally, Agency will be provided, by Signal, printed handouts including information on the OpiRescue mobile application and online training resources. These resources must accompany each kit that is distributed to a client or individual. Further information about OpiRescue can be found here at https://opirescue.com/
Agency is prohibited from selling kits to other organizations. Kits are only for law enforcement use and/or distribution to clients.
Reporting Agency shall report all reversals in the OpiRescue app within 3 days of the administration of Naloxone.
ATTACHMENT 2
Distribution Agency will receive a total of 72 Narcan® Nasal Spray kits from Adapt Pharma at the following address:
Wheat Ridge PD
Commander Darrel Guadnola 7500 W. 29th Ave. Wheat Ridge, CO 80033
All kits must be distributed to clients or individuals by December 31, 2019. This MOU shall become effective upon signature by the authorized officials from the list below and will remain in effect until modified or terminated by any one of the partners by mutual
consent. In the absence of mutual agreement by the authorized officials from the list below this
MOU shall end on September 30, 2020. Contact Information
Signal Behavioral Health Network
Daniel Darting Chief Executive Officer 6130 Greenwood Plaza Blvd., Suite 150 Greenwood Village, CO 80111
City of Wheat Ridge
Bud Starker, Mayor 7500 W. 29th Ave. Wheat Ridge, CO 80033
By signing below, the Agency attests that they meet all the necessary requirements (as described in the Requirements section) to receive and distribute Narcan® Nasal Spray kits.
Signatures/Dates Daniel Darting
Signal Behavioral Health Network Date
Mayor Bud Starker
Agency Representative Date
ITEM NO: DATE: May 13, 2019 REQUEST FOR CITY COUNCIL ACTION
TITLE: RESOLUTION 31-2019 - A RESOLUTION APPROVING AN AMENDED AND RESTATED SERVICE PLAN AND
INTERGOVERNMENTAL AGREEMENT WITH THE WARD
TOD METROPOLITAN DISTRICT NOS. 1-3
PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS
QUASI-JUDICIAL: YES NO
_______________________________ ______________________________ City Attorney City Manager ISSUE: State statute requires that special districts conform so far as practical to their approved service plan. The current service plan for the Ward TOD Metropolitan District was approved on April 9, 2012 based on development plans for 477 residential units and approximately 225,000 sq. ft. of
commercial development, and anticipated public parking for the Wheat Ridge Ward commuter
rail station. The current development plan includes only 200 residential units, significantly less commercial development and no public parking for the commuter rail station. Because of these development changes, the developer for this project is requesting that City Council approve an amended and restated service plan.
PRIOR ACTION: City Council approved the current Ward TOD Service Plan in 2012 based on a proposed development at that time. City Council received a presentation from Megan Murphy with White Bear Ankele Tanaka & Waldron at the May 6, 2019 study session requesting the approval of an
amended service plan.
Council Action Form – Amended Service Plan for Ward TOD
May 13, 2019
Page 2 FINANCIAL IMPACT: No financial impacts on the City. The District would be authorized to impose a mill levy on the
properties within the District for the purpose of supporting bonds for construction of improvements and for the purpose of maintaining them. BACKGROUND: On April 22, 2019, City Council approved a major subdivision for a 13-acre property located at 5060
Ward Road, adjacent to the Wheat Ridge Ward commuter rail station, for the 200-unit Ridge at Ward Station townhome project. The City received a draft Amended and Restated Service Plan for the Ward TOD Metropolitan District Nos. 1-3 on April 4, 2019.
The proposed Service Plan describes and sets forth those powers and authorities the District shall
have as allowed by Colorado law. The exercise of such powers, however, will at all times be governed by and subject to the terms of a City IGA. State law allows local governments to exert significant control over the organization and operation of special districts. The service plan approval process is the key to exercising that control.
Metropolitan districts in Colorado are a common tool for financing the public infrastructure portion of development projects. All special districts in Colorado organized under Title 32 of the Colorado Revised Statutes (C.R.S.) are required to file a service plan with the city council of the municipality in which the district is proposed. The purpose of the District is to provide public
infrastructure improvements within and without the Property. The District will acquire and/or
design, finance, construct and install public improvements for the use and benefit of the residents and taxpayers located with the boundaries of the District. RECOMMENDATION: Staff recommends approval of the resolution.
RECOMMENDED MOTION: “I move to approve Resolution No. 31-2019, a resolution approving an Amended and Restated Service Plan and Intergovernmental Agreement with the Ward TOD Metropolitan
District Nos. 1-3.”
Or, “I move to postpone indefinitely Resolution No. 31-2019, a resolution approving an
Amended and Restated Service Plan and Intergovernmental Agreement with the Ward
TOD Metropolitan District Nos. 1-3, for the following reason(s): ” REPORT PREPARED BY; Gerald Dahl, City Attorney
Patrick Goff, City Manager
Council Action Form – Amended Service Plan for Ward TOD
May 13, 2019
Page 3 ATTACHMENTS: 1. Resolution 31-2019
2. Amended and Restated Service Plan for Ward TOD Metropolitan District Nos. 1-3 (Intergovernmental Agreement attached at Exhibit D) 3. Certificate Concerning Notice of Public Hearing
CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 31
Series of 2019 TITLE: A RESOLUTION APPROVING AN AMENDED AND RESTATED SERVICE PLAN AND INTERGOVERNMENTAL AGREEMENT WITH THE WARD TOD METROPOLITAN
DISTRICT NOS. 1-3 WHEREAS, the Ward TOD Metropolitan District Nos. 1-3 (“District”) was organized pursuant to the Colorado Special District Act §§ 32-1-101, et seq., C.R.S.; and
WHEREAS, the District has submitted the District’s Amended and Restated Service Plan for City Council approval (the “Service Plan”); and WHEREAS, the Service Plan provides for the District’s provision and financing of
public improvements and services for the development of a residential project within the
City. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows:
1. The above and foregoing recitals are incorporated herein by reference and are adopted as findings and determinations of the City. 2. The City further finds and determines that all applicable requirements of §§ 32-1-
202(2), 32-1-203(2) and 32-1-204.5, C.R.S. relating to the submittal and
requirements of the Service Plan and the consideration thereof by the City, have been met. 3. Based upon the Service Plan, the City hereby determines as follows:
• The Service Plan meets the requirements of § 32-1-202 (2), C.R.S. regarding the contents thereof.
• The Service Plan meets the requirements of §32-1-203(2) as follows:
o The Service Plan demonstrates a sufficient existing and projected need for the provision of organized service within the District’s boundaries.
o Without the District, the existing service in the area is inadequate to
serve the services proposed to be provided within the District’s
boundaries.
ATTACHMENT 1
o The District is capable of providing economical and sufficient service to the area within its proposed boundaries.
o The area included within the District’s boundaries and financing
mechanisms contemplated in the Service Plan have, or will have, the financial ability to discharge the proposed indebtedness on a reasonable basis.
4. Pursuant to § 32-1-204.5(1), C.R.S., the City does hereby approve the Service
Plan as submitted to the City on April 4, 2019. 5. A certified copy of this Resolution shall be attached to the Service Plan as Exhibit H, filed in the records of the City, and the Petition for the organization of the
District shall be required to comply with all other filings required by law.
6. All resolutions or parts thereof in conflict with the provisions hereof shall be and the same are hereby repealed.
DONE AND RESOLVED this 13th day of May 2019.
By: _____________________________
Bud Starker, Mayor ATTEST:
______________________________ Janelle, Shaver, City Clerk
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AMENDED AND RESTATED SERVICE PLAN FOR WARD TOD METROPOLITAN DISTRICT NOS. 1-3
Prepared By:
WHITE BEAR ANKELE TANAKA & WALDRON2154 E. Commons Avenue, Suite 2000 Centennial, CO 80122
Approved May 13, 2019
ATTACHMENT 2
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TABLE OF CONTENTS
I. BACKGROUND ................................................................................................................1
II. INTRODUCTION..............................................................................................................1
A. Purpose and Intent....................................................................................................1
B. Need for the Districts. ..............................................................................................1
C. Objective of the City Regarding Service Plan. ........................................................1
III. DEFINITIONS ...................................................................................................................2
IV. BOUNDARIES PROPOSED LAND USE/POPULATION PROJECTIONS/ ASSESSED VALUATION ................................................................................................5
V. DESCRIPTION OF PROPOSED POWERS, IMPROVEMENTS AND SERVICES 5
A. Powers of the Districts and Service Plan Amendment. ...........................................5
1. Operations and Maintenance Limitation ......................................................5
2. Fire Protection Limitation ............................................................................5
3. Construction Standards Limitation ..............................................................5
4. Inclusion Limitation .....................................................................................6
5. Overlap Limitation .......................................................................................6
6. Total Debt Issuance Limitation ....................................................................6
7. Privately Placed Debt Limitation .................................................................6
8. Fee Limitation ..............................................................................................6
9. Consolidation Limitation .............................................................................6
10. Bankruptcy Limitation .................................................................................6
11. Service Plan Amendment Requirement .......................................................7
B. Preliminary Engineering Survey. .............................................................................7
C. Other Powers. ...........................................................................................................8
1. Service Plan Amendments ...........................................................................8
2. Phasing, Deferral..........................................................................................8
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3. Additional Services ......................................................................................8
D. Facilities to be Constructed and/or Acquired...........................................................8
VI. FINANCIAL PLAN ...........................................................................................................8
A. General. ....................................................................................................................8
B. Maximum Voted Interest Rate and Maximum Underwriting Discount. .................9
C. Maximum Debt Mill Levy. ......................................................................................9
D. Maximum Debt Mill Levy Imposition Term. ........................................................10
E. Debt Repayment Sources. ......................................................................................10
F. Security for Debt. ...................................................................................................11
G. TABOR Compliance. .............................................................................................11
H. District’s Operating Costs. .....................................................................................11
VII. ANNUAL REPORT .........................................................................................................11
A. General. ..................................................................................................................11
B. Reporting of Significant Events. ............................................................................11
VIII. DISSOLUTION ................................................................................................................12
IX. DISCLOSURE TO PURCHASERS ...............................................................................12
X. INTERGOVERNMENTAL AGREEMENT.................................................................13
XI. CONCLUSION ................................................................................................................13
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LIST OF EXHIBITS
EXHIBIT A Legal Description of Districts
EXHIBIT B District Boundaries Map
EXHIBIT C City of Wheat Ridge Vicinity Map
EXHIBIT D Intergovernmental Agreement between the Districts and the City of Wheat Ridge
EXHIBIT E Capital Plan
EXHIBIT F Financial Plan
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I. BACKGROUND
The Service Plan for WARD TOD Metropolitan District Nos. 1-3 was approved by the City of Wheat Ridge on April 9, 2012 (the “Original Service Plan”). Since April 9, 2012, no development has occurred within the Project.
This Amended and Restated Service Plan for WARD TOD Metropolitan District Nos. 1-3 is in
compliance with the Special District Act.
II. INTRODUCTION
A. Purpose and Intent.
The purpose of the Districts will be to provide all or a portion of Public Improvements as further defined and described in this Service Plan (within and without the Districts’ boundaries as will be determined by the Board to be in the best interest of the Districts
and in accordance with the Service Plan), for the benefit of the residents and taxpayers located within the Project. The primary purpose of the Districts will be to finance the construction of these Public Improvements and have authorization as is necessary to own, operate and maintain Public Improvements not otherwise transferred to another public entity. The Districts shall also be authorized, but not required, to provide covenant enforcement and design review services in
accordance with the Special District Act. Upon completion to City standards, the Districts will convey to the City such Public Improvements as are constructed by the Districts in accordance with the Approved Development Plan. The Districts are independent units of local government, separate and distinct from the City, and, except as may otherwise be provided for by State or local law or this Service Plan, their activities are subject to review by the City only insofar as
they may deviate in a material matter from the requirements of the Service Plan.
B. Need for the Districts.
The Project is not presently served with the facilities and/or services proposed to be provided by the Districts, nor does the City nor any other special district have any plans to provide such services within a reasonable time and on a comparable basis. There are currently
no other governmental entities, including the City, located in the immediate vicinity of the Districts that consider it desirable, feasible or practical to undertake the planning, design, acquisition, construction, installation, relocation, redevelopment and financing of the Public Improvements needed for the Project. The Districts are therefore necessary in order for the Public Improvements required for the Project to be provided in the most economic manner
possible. Approval of this Service Plan shall not indicate, implicitly or expressly, that any land use applications now on file with the City or any land use applications filed in the future will be approved by the City.
C. Objective of the City Regarding Service Plan.
The City’s objective in approving the Service Plan for the Districts is to authorize
the Districts to provide for the planning, design, acquisition, demolition, construction, installation, relocation and redevelopment of the Public Improvements from the proceeds of Debt to be issued by the Districts and to further authorize the Districts to own, operate and maintain
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certain of the Public Improvements. All Debt is expected to be repaid by taxes imposed and
collected for no longer than the Maximum Debt Mill Levy Imposition Term and at a mill levy no higher than the Maximum Debt Mill Levy, and/or repaid by Fees as limited by Section IV.A.7. Debt which is issued within these parameters will insulate property owners from excessive tax and Fee burdens to support the servicing of the Debt and will result in a timely and reasonable
discharge of the Debt. It is the intent of this Service Plan to assure to the extent possible that no
property bear an economic burden that is greater than that associated with the Maximum Debt Mill Levy in amount and that no property bear an economic burden for Debt that is greater than that associated with the Maximum Debt Mill Levy Imposition Term in duration even under bankruptcy or other unusual situations. Generally, the cost of Public Improvements that cannot
be funded within these parameters are not costs to be paid by the Districts.
This Service Plan is intended to establish financial constraints and requirements associated with the Districts that are not to be violated under any circumstances. The primary purpose is to provide for the Public Improvements and services associated with the Project and regional needs.
III. DEFINITIONS
In this Service Plan, the following terms shall have the meanings indicated below, unless the context clearly requires otherwise:
Approved Development Plan: means a development plan, subdivision improvement plan, or other process established by the City (including but not limited to approval of a final
plat, minor development plat or site plan) for identifying, among other things, Public
Improvements necessary for facilitating development for property within the Service Area, as approved by the City pursuant to the City Code, and as may be amended pursuant to the City Code from time to time.
Board: means the board of directors of one District or the boards of directors of all
Districts, in the aggregate, as the context may require.
Capital Plan: means the capital plan attached hereto as Exhibit E and referenced in Section IV.B which includes (i) a description of the type of capital facilities to be developed by the Districts; (ii) an estimate of the cost of the proposed facilities; and (iii) a capital expenditure plan correlating expenditures with development.
City: means the City of Wheat Ridge, Colorado.
City Council: means the City Council of the City of Wheat Ridge, Colorado.
C.R.S.: means Colorado Revised Statutes.
Debt: means bonds, notes or other multiple fiscal year financial obligations for the payment of which the District has pledged to impose an ad valorem property tax mill
levy. The definition of Debt shall not include intergovernmental agreements between and
among any of the Districts.
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District: means any one of the WARD TOD Metropolitan District No. 1, WARD TOD
Metropolitan District No. 2, or WARD TOD Metropolitan District No. 3.
Districts: means WARD TOD Metropolitan District No. 1, WARD TOD Metropolitan District No. 2, and WARD TOD Metropolitan District No. 3 collectively.
District Boundaries: means the legal boundaries of the District as described in Exhibit A
attached hereto.
District Boundary Map: means the map attached hereto as Exhibit B, depicting the boundaries of the District.
District No. 1: means WARD TOD Metropolitan District No. 1.
District No. 2: means WARD TOD Metropolitan District No. 2.
District No. 3: means WARD TOD Metropolitan District No. 3.
End User: means any owner, or tenant of any owner, of any platted Taxable Property within the District for which a certificate of occupancy has been issued. By way of illustration, a resident homeowner, renter, commercial property owner, or commercial tenant is an End User. The business entity that constructs homes or commercial
structures is not an End User.
External Financial Advisor: means a consultant that: (i) advises Colorado governmental entities on matters relating to the issuance of securities by Colorado governmental entities, including matters such as the pricing, sales and marketing of such securities and the procuring of bond ratings, credit enhancement and insurance in respect of such
securities; (ii) shall be an underwriter, investment banker, or individual listed as a public
finance advisor in the Bond Buyer’s Municipal Market Place; and (iii) is not an officer or employee of the Districts and has not been otherwise engaged to provide services in connection with the transaction related to the applicable Debt.
Fees: means any fee imposed by the District for services, programs or facilities provided
by the District, as described in Section IV.A.7. below.
Financial Plan: means the Financial Plan described in Section V which generally describes (i) how the Public Improvements are anticipated to be financed; (ii) how the Debt is expected to be incurred; and (iii) the estimated operating revenue derived from property taxes for the first budget year. Such Financial Plan may be adjusted by the
Board in the future as is necessary to accommodate phasing or other financial or
development considerations so long as any such adjustment does not exceed either the Maximum Debt Mill Levy or the Maximum Debt Mill Levy Imposition Term. The Financial Plan is based upon current estimates and will change based on actual development of the Project.
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Maximum Debt Mill Levy: means the maximum mill levy the District is permitted to
impose for payment of Debt as further set forth in Section V.C below, including adjustments to the Maximum Debt Mill Levy as are permitted under Section V.C.
Maximum Debt Mill Levy Imposition Term: means the maximum term for imposition of a debt service mill levy on a particular property as set forth in Section V.D below.
Original Service Plan: means the Service Plan for WARD TOD Metropolitan District
Nos. 1-3 approved by the City on April 9, 2012.
Project: means the development or property commonly referred to as Ridge at Ward Station.
Public Improvements: means a part or all of the improvements authorized to be planned,
designed, acquired, constructed, installed, relocated, redeveloped and financed as
generally described in the Special District Act, except as specifically limited in Section IV below, to serve the future taxpayers and inhabitants of the Service Area as determined by the Board.
Service Area: means the property within the District Boundaries.
Service Plan: means this Amended and Restated Service Plan for the Districts approved
by City Council.
Service Plan Amendment: means an amendment to the Service Plan approved by City Council in accordance with the City Code and applicable state law.
Special District Act: means Section 32-1-101, et seq., C.R.S., as amended from time to
time.
State: means the State of Colorado.
TABOR: the Colorado Taxpayer’s Bill of Rights.
Taxable Property: means real or personal property within the Service Area subject to ad valorem taxes imposed by the District.
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IV. BOUNDARIES PROPOSED LAND USE/POPULATION PROJECTIONS/ ASSESSED VALUATION
The area of the District Boundaries includes approximately 12.905 acres. A legal description of the District Boundaries is attached hereto as Exhibit A. A District Boundary Map is attached hereto as Exhibit B. A vicinity map is attached hereto as Exhibit C. It is anticipated that a District’s boundaries may change from time to time as it undergoes inclusions and
exclusions pursuant to Section 32-1-401, et seq., C.R.S., and Section 32-1-501, et seq., C.R.S., subject to the limitations set forth in Section IV below.
Approval of this Service Plan by the City does not imply approval of the development of a specific area within the Service Area, nor does it imply approval of the number of residential units identified in this Service Plan or any of the exhibits attached thereto, unless the same is
contained within an Approved Development Plan.
V. DESCRIPTION OF PROPOSED POWERS, IMPROVEMENTS AND SERVICES
A. Powers of the Districts and Service Plan Amendment.
The Districts shall have the power and authority to provide the Public
Improvements and related ownership, operation and maintenance services within and without the
boundaries of the Districts as such power and authority is described in the Special District Act, and other applicable statutes, common law and the State constitution, subject to the limitations set forth herein.
1. Operations and Maintenance Limitation. The purpose of the Districts is to
plan for, design, acquire, construct, install, relocate, redevelop and finance the Public
Improvements. The Districts shall dedicate the Public Improvements to the City or other appropriate jurisdiction in a manner contemplated under the Approved Development Plan and other rules and regulations of the City and applicable provisions of the City Code. The Districts shall be authorized, but not obligated, to own, operate and maintain Public Improvements not
otherwise dedicated to the City or other public entity.
2. Fire Protection Limitation. The Districts shall not be authorized to plan for, design, acquire, construct, install, relocate, redevelop, finance, operate or maintain fire protection facilities or services, unless such facilities and services are provided pursuant to an intergovernmental agreement with the City. The authority to plan for, design, acquire, construct,
install, relocate, redevelop or finance fire hydrants and related improvements installed as part of
the water system shall not be limited by this provision. Fire protection and emergency response services will be provided by the Arvada Fire Protection District.
3. Construction Standards Limitation. The Districts will ensure that Public Improvements constructed by the Districts are designed and constructed in accordance with the
standards and specifications of the City and of other governmental entities having proper
jurisdiction, including the Colorado Department of Health, and other applicable local, state or federal agencies.
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4. Inclusion Limitation. The Districts shall not include within their
boundaries any property outside the Service Area without the prior written consent of the City.
5. Overlap Limitation. The Districts shall not consent to the organization of any other district organized under the Special District Act within the Service Area which will overlap the boundaries of the Districts unless the aggregate mill levy for payment of Debt of such proposed districts will not at any time exceed the Maximum Debt Mill Levy of the
Districts.
6. Total Debt Issuance Limitation. The Districts collectively shall not issue Debt in excess of Twenty Five Million Dollars ($25,000,000). Debt that is issued for the purpose of refunding outstanding Debt shall not be counted against such total debt issuance limitation, provided, however, that if the aggregate principal amount of the refunding Debt
exceeds the outstanding aggregate principal amount of the refunded Debt, the increase in principal amount shall be counted against such debt limitation.
7. Privately Placed Debt Limitation. Prior to the issuance of any privately placed Debt, the issuing District shall obtain the certification of an External Financial Advisor
substantially as follows:
We are [I am] an External Financial Advisor within the meaning of the Districts’ Service Plan.
We [I] certify that (1) the net effective interest rate (calculated as defined in Section 32-1-103(12), C.R.S.) to be borne by [insert the designation of Debt] does not exceed a reasonable current [tax-
exempt] [taxable] interest rate, using criteria deemed appropriate by us [me] and based upon our [my] analysis of comparable high yield securities; and (2) the structure of [insert designation of the Debt], including maturities and early redemption provisions, is reasonable considering the financial circumstances of the District.
8. Fee Limitation. The Districts may impose and collect Fees as a source of revenue for repayment of Debt, capital costs, and/or for operations and maintenance. No Fee related to repayment of Debt shall be authorized to be imposed upon or collected from Taxable Property owned or occupied by an End User. Notwithstanding any of the foregoing, the
restrictions in this definition shall not apply to any Fee imposed upon or collected from Taxable
Property for the purpose of funding operation and maintenance costs of the Districts, including the establishment of a reserve fund for future repairs or replacement costs.
9. Consolidation Limitation. The Districts shall not file a request with any Court to consolidate with another district organized under the Special District Act, without the
prior written consent of the City.
10. Bankruptcy Limitation. All of the limitations contained in this Service Plan, including, but not limited to, those pertaining to the Maximum Debt Mill Levy, Maximum Debt Mill Levy Imposition Term and the Fees have been established under the authority of the
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City to approve a Service Plan with conditions pursuant to Section 32-1-204.5, C.R.S. It is
expressly intended that such limitations:
(a) shall not be subject to set-aside for any reason or by any court of competent jurisdiction, absent a Service Plan Amendment; and
(b) are, together with all other requirements of State law, included in
the “political or governmental powers” reserved to the State under the U.S. Bankruptcy Code (11
U.S.C.) Section 903, and are also included in the “regulatory or electoral approval necessary under applicable nonbankruptcy law” as required for confirmation of a Chapter 9 Bankruptcy Plan under Bankruptcy Code Section 943(b)(6).
Any Debt, issued with a pledge or which results in a pledge, that exceeds the Maximum
Debt Mill Levy and the Maximum Debt Mill Levy Imposition Term, shall be deemed a material
modification of this Service Plan pursuant to Section 32-1-207, C.R.S. and shall not be an authorized issuance of Debt unless and until such material modification has been approved by the City as part of a Service Plan Amendment.
11. Service Plan Amendment Requirement. This Service Plan has been
designed with sufficient flexibility to enable the Districts to provide Public Improvements and
services and facilities under evolving circumstances without the need for numerous amendments. The Districts may seek formal approval from the City of modifications to this Service Plan which are not material, but for which the Districts may desire a written amendment and approval by the City. Such approval may be evidenced by any instrument executed by the City Manager,
City Attorney, or other designated representative of the City as to the matters set forth therein
and shall be conclusive and final.
B. Preliminary Engineering Survey.
The Districts shall have authority to provide for the planning, design, acquisition, construction, installation, relocation, redevelopment, maintenance and financing of the Public Improvements within and without the boundaries of the Districts. An estimate of the costs of the
Public Improvements which may be planned for, designed, acquired, constructed, installed, relocated, redeveloped, maintained or financed was prepared based upon a preliminary engineering survey and estimates derived from the preliminary zoning on the property in the Service Area and is approximately ($4,626,427.78). The Capital Plan attached hereto as Exhibit E includes a description of the types of capital facilities to be developed by the Districts, an
estimate of the cost of the proposed facilities, and a capital expenditure plan correlating expenditures with development. The actual Public Improvements to be constructed will be determined by the Approved Development Plan, notwithstanding the Capital Plan, and are necessary and for the benefit of all homeowners, residents and property owners within the Districts in order to provide for a coordinated system of Public Improvements for the
development of the Project.
All of the Public Improvements constructed by the Districts will be designed in such a way as to assure that the Public Improvements will be compatible with those of the City and shall be in accordance with the requirements of the City. All construction cost estimates are
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based on the assumption that construction conforms to applicable local, State or Federal
requirements. The actual Public Improvements to be constructed will be determined by the City and the Districts, and variations from the Capital Plan or Financial Plan shall not constitute a material modification of this Service Plan. All Public Improvements contemplated for the Project benefit the residents, property owners, and taxpayers of the District, and such benefit
accrues to such residents, property owners, and taxpayers of the District regardless of the specific
or general location of the various Public Improvements.
The Public Improvements generally depicted and described in the Capital Plan or Financial Plan have been presented for illustration only, and the exact design, subphasing of construction and location of the Public Improvements will be determined at the time of City
approvals and public works approval and such decisions shall not be considered to be a material
modification of the Service Plan.
C. Other Powers.
The Districts shall also have the following authority:
1. Service Plan Amendments. To amend the Service Plan as needed, subject
to the appropriate statutory procedures and City Code.
2. Phasing, Deferral. Without amending this Service Plan, to defer, forego, reschedule, or restructure the financing and/or construction of Public Improvements and facilities, to better accommodate the pace of growth, resource availability, and potential inclusions of property within the Districts.
3. Additional Services. Except as specifically provided herein, to provide
such additional services and exercise such powers as are expressly or impliedly granted by Colorado law, as may be amended from time to time.
D. Facilities to be Constructed and/or Acquired.
The Districts propose to provide and/or acquire Public Improvements necessary
and for the benefit of the Project, and the residents, property owners and taxpayers of the
Districts as are set forth in the Approved Development Plan.
Notwithstanding anything in this Service Plan to the contrary, the Districts shall have the authority to enter into any intergovernmental agreements deemed necessary to effectuate the plans of the Districts without further approval from the City. In addition, the
Districts shall have the authority to seek electorate authorization to effectuate all purposes set
forth in this Service Plan in order to comply with all applicable constitutional and statutory requirements.
VI. FINANCIAL PLAN
A. General.
1549, 953081 9
The Districts shall be authorized to provide for the planning, design, acquisition,
construction, installation, relocation and/or redevelopment of the Public Improvements by and through the proceeds of Debt to be issued by the Districts. The Financial Plan for the Districts shall be to issue such Debt as the Districts can reasonably pay within the Maximum Debt Mill Levy Imposition Term from revenues derived from the Maximum Debt Mill Levy, Fees and
other legally available revenues. A Financial Plan is attached hereto as Exhibit F, which
provides preliminary projections demonstrating that the Districts can reasonably discharge the proposed Debt, consistent with the requirements of the Special District Act. The total Debt that the Districts collectively shall be permitted to issue shall not exceed Twenty Five Million Dollars ($25,000,000) and shall be permitted to be issued in amounts and on a schedule in such year or
years as the issuing District, in its discretion, determines is necessary to serve development as it
occurs and can be issued within the parameters established herein. All bonds and other Debt issued by the Districts may be payable from any and all legally available revenues of the Districts, including, but not limited to, ad valorem taxes and Fees. The Districts will also rely upon various other revenue sources authorized by law. These will include the power to assess
Fees, rates, tolls, penalties, or charges as provided in Section 32-1-1001(1), C.R.S., as amended
from time to time.
The parameters in the Financial Plan are based upon current estimates and will change based on actual development of the Project. The Financial Plan is one projection of the issuance of Debt by the Districts based on certain development assumptions. It is expected that
actual development (including, but not limited to product types, market values, and absorption
rates) will vary from that projected and illustrated in the Financial Plan, which variations and deviations shall not constitute a material modification of this Service Plan.
Notwithstanding anything in this Service Plan to the contrary, the projections set forth in this Service Plan and the Financial Plan are projections based upon current market
conditions. The actual amounts, interest rates, and terms of any Debt will likely change from
that reflected in the Financial Plan, and each issue of Debt will be based upon the actual conditions existing at the time of issuance, subject to the limitations of the Service Plan.
B. Maximum Voted Interest Rate and Maximum Underwriting Discount.
The interest rate on any Debt is expected to be the market rate at the time the Debt
is issued. In the event of a default, the proposed maximum interest rate on any Debt is not
expected to exceed eighteen percent (18%). The proposed maximum underwriting discount will be five percent (5%). Debt, when issued, will comply with all relevant requirements of this Service Plan, State law and Federal law as then applicable to the issuance of public securities.
C. Maximum Debt Mill Levy.
The “Maximum Debt Mill Levy” shall be the maximum mill levy a District is
permitted to impose upon the taxable property within such District for payment of Debt, and shall be determined as follows:
1. For the portion of any aggregate Debt which exceeds fifty percent (50%) of the District’s assessed valuation, the Maximum Debt Mill Levy for such portion of Debt shall
1549, 953081 10
be sixty (60) mills less the number of mills necessary to pay unlimited mill levy Debt described
in Section V.C.2 below; provided that if, on or after January 1, 2018, changes are made in the method of calculating assessed valuation or any constitutionally mandated tax credit, cut or abatement; the mill levy limitation applicable to such Debt may be increased or decreased to reflect such changes, such increases or decreases to be determined by the Board in good faith
(such determination to be binding and final) so that to the extent possible, the actual tax revenues
generated by the mill levy, as adjusted for changes occurring after January 1, 2018, are neither diminished nor enhanced as a result of such changes. For purposes of the foregoing, a change in the ratio of actual valuation shall be deemed to be a change in the method of calculating assessed valuation.
2. For the portion of any aggregate Debt which is equal to or less than fifty
percent (50%) of the District’s assessed valuation, either on the date of issuance or at any time thereafter, the mill levy to be imposed to repay such portion of Debt shall not be subject to the Maximum Debt Mill Levy and, as a result, the mill levy may be such amount as is necessary to pay the Debt service on such Debt, without limitation of rate.
3. For purposes of the foregoing, once Debt has been determined to be within
Section V.C.2 above, such that the District is entitled to pledge to its payment an unlimited ad valorem mill levy, such District may provide that such Debt shall remain secured by such unlimited mill levy, notwithstanding any subsequent change in such District’s Debt to assessed ratio. All Debt issued by the District must be issued in compliance with the requirements of
Section 32-1- 1101, C.R.S. and all other requirements of State law.
To the extent that the District is composed of or subsequently organized into one or more subdistricts as permitted under Section 32-1-1101, C.R.S., the term “District” as used herein shall be deemed to refer to the District and to each such subdistrict separately, so that each of the subdistricts shall be treated as a separate, independent district for purposes of the
application of the definitions and limitations herein.
D. Maximum Debt Mill Levy Imposition Term.
The District shall not impose a levy for repayment of any and all Debt (or use the proceeds of any mill levy for repayment of Debt) on any single property developed for residential uses which exceeds forty (40) years after the year of the initial imposition of such
Debt mill levy unless a majority of the Board of the District imposing the mill levy are residents
of the District and have voted in favor of a refunding of a part or all of the Debt and such refunding will result in a net present value savings as set forth in Section 11-56-101, C.R.S.; et seq., as may be amended from time to time.
E. Debt Repayment Sources.
All bonds and other Debt issued by the Districts may be payable from any and all
legally available revenues of the Districts, including, but not limited to, general ad valorem taxes and Fees. The Districts will also rely upon various other revenue sources authorized by law. These will include the power to assess Fees, rates, tolls, penalties, or charges as provided in Section 32-1-1001(1), C.R.S., as amended from time to time. In no event shall the debt service
1549, 953081 11
mill levy in the District exceed the Maximum Debt Mill Levy or the Maximum Debt Mill Levy
Imposition Term, except pursuant to an intergovernmental agreement between a District and the City.
F. Security for Debt.
The Districts shall not pledge any revenue or property of the City as security for
the indebtedness. Approval of this Service Plan shall not be construed as a guarantee by the City
of payment of any of the Districts’ obligations; nor shall anything in the Service Plan be construed so as to create any responsibility or liability on the part of the City in the event of default by any District in the payment of any such obligation.
G. TABOR Compliance.
The Districts will comply with the provisions of TABOR. In the discretion of the
Board, a District may set up other qualifying entities to manage, fund, construct and operate facilities, services, and programs. To the extent allowed by law, any entity created by a District will remain under the control of the District’s Board.
H. District’s Operating Costs.
The estimated cost of planning services, engineering services, legal services and
administrative services, together with the estimated costs of the Districts’ initial operations, are anticipated to be One Hundred Thousand Dollars ($100,000), which will be eligible for reimbursement from Debt proceeds.
In addition to the capital costs of the Public Improvements, the Districts will
require operating funds for administration and to plan and cause the Public Improvements to be
constructed owned, operated and maintained by the Districts. The 2019 operating budget is estimated to be Fifty Thousand Dollars ($50,000) which is anticipated to be derived from property taxes and other revenues.
The Maximum Debt Mill Levy for the repayment of Debt shall not apply to the
District’s ability to increase its mill levy as necessary for the provision of administrative,
operation and maintenance services.
VII. ANNUAL REPORT
A. General.
The Districts shall be responsible for submitting an annual report to the City Clerk
at the City’s administrative offices no later than September 1st of each year following the year in
which the Service Plan is approved by the City Council. The annual report shall reflect activity and financial events of the District through the preceding December 31st (the “Report Year”).
B. Reporting of Significant Events.
1. The annual report shall include information as to any of the following:
1549, 953081 12
2. A narrative summary of the progress of the Districts in implementing its
service plan for the Report Year.
3. Except when an exemption from audit has been granted for the report year under the Local Government Audit Law, the audited financial statements of the Districts for the Report Year including a statement of financial condition (i.e. balance sheet) as of December 31
of the report year and the statement of operations (i.e. revenues and expenditures) for the Report
Year.
4. Unless disclosed within a separate schedule to the financial statements, a summary of the capital expenditures incurred by the Districts in development of public facilities in a Report Year, as well as any capital improvements or projects proposed to be undertaken in
the five (5) years following the report year.
5. Unless disclosed within a separate schedule to the financial statements, a summary of the financial obligations of the Districts at the end of the report year, including the amount of outstanding indebtedness, the amount and terms of any new District indebtedness or long-term obligations issued in the Report Year, the amount of payment or retirement of existing
indebtedness of the Districts in the Report Year, the total assessed valuation of all taxable
properties within the Districts as of January 1 of the Report Year, and the current mill levy of the Districts pledged to debt retirement in the Report Year.
6. The Districts’ budget for the calendar year in which the annual report is submitted.
7. A summary of residential and commercial development which has
occurred within the Districts for the report year.
8. A summary of all fees, charges and assessments imposed by the Districts as of January 1 of the Report Year.
9. The name, business address and telephone number of each member of the
Board and its chief administrative officer and general counsel, together with the date, place and
time of the regular meetings of the Board.
VIII. DISSOLUTION
Upon an independent determination of the City Council that the purposes for which the Districts was created have been accomplished, the Districts agree to file a petition in the
appropriate District Court for dissolution, pursuant to the applicable State statutes. In no event
shall a dissolution occur until the Districts have provided for the payment or discharge of all of their outstanding indebtedness and other financial obligations as required pursuant to State statutes.
IX. DISCLOSURE TO PURCHASERS
The Districts will use reasonable efforts to assure that all developers of the property
located within the Districts provides written notice to all purchasers of property in the Districts
1549, 953081 13
regarding the Maximum Debt Mill Levy, as well as a general description of the Districts’
authority to impose and collect rates, Fees, tolls and charges. The form of notice shall be filed with the City prior to the initial issuance of the Debt of the Districts and shall be recorded in the Service Area.
X. INTERGOVERNMENTAL AGREEMENT
The form of the intergovernmental agreement, relating to the limitations imposed on the
Districts’ activities, is attached hereto as Exhibit D. The Districts shall approve the intergovernmental agreement in the form attached as Exhibit D at their first Board meeting after approval of the Service Plan by the City. The City Council shall approve the intergovernmental agreement in the form attached as Exhibit D at the public hearing approving the Service Plan.
XI. CONCLUSION
It is submitted that this Service Plan for the Districts, as required by Section 32-1-203(2), C.R.S., establishes that:
1. There is sufficient existing and projected need for organized service in the area to be serviced by the Districts;
2. The existing service in the area to be served by the Districts is inadequate for
present and projected needs;
3. The Districts are capable of providing economical and sufficient service to the area within its proposed boundaries; and
4. Adequate service is not, and will not be, available to the area through the City or county or other existing municipal or quasi-municipal corporations, including existing special
districts, within a reasonable time and on a comparable basis.
5. The facility and service standards of the Districts are compatible with the facility and service standards of the City within which the special districts are to be located and each municipality which is an interested party under Section 32-1-204(1), C.R.S.
6. The proposal is in substantial compliance with a master plan adopted pursuant to
Section 30-28-108, Colorado Revised Statutes;
7. The proposal is in compliance with any duly adopted City, regional or state long-range water quality management plan for the area.
8. The creation of the Districts is in the best interests of the area proposed to be served.
1549, 953081 A-1
EXHIBIT A
Legal Description of the Districts
1549, 953081 B-1
EXHIBIT B
District Boundaries Map
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EXHIBIT C
City of Wheat Ridge Vicinity Map
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10333 E. Dry Creek Rd.
Suite 240
Englewood, CO 80111
Tel: (720) 482-9526
Fax: (720) 482-9546
DATE: MARCH 27, 2019
JEFFERSON COUNTY, COLORADO
SHEET 1 OF 1
THE RIDGE AT WARD STATION
METROPOLITAN DISTRICT NO. 1, 2 &3
VICINITY MAP
1549, 953081 D-1
EXHIBIT D
Intergovernmental Agreement between District and City of Wheat Ridge
1549, 953081 D-2
AMENDED AND RESTATED
INTERGOVERNMENTAL AGREEMENT BETWEEN
THE CITY OF WHEAT RIDGE, COLORADO
AND WARD TOD METROPOLITAN DISTRICT NOS. 1-3
THIS INTERGOVERNMENTAL AGREEMENT (the “Agreement”) is made and
entered into as of this ___ day of ____________, 2019, by, between and among the CITY OF
WHEAT RIDGE, Colorado (“City”), and WARD METROPOLITAN DISTRICT NO. 1, a quasi-municipal corporation and political subdivisions of the State of Colorado; WARD TOD METROPOLITAN DISTRICT NO. 2, a quasi-municipal corporation and political subdivision of the State of Colorado; and WARD TOD METROPOLITAN DISTRICT NO. 3, a quasi-
municipal corporation and political subdivision of the State of Colorado (each a “District” and
collectively the “Districts”). The City and the Districts are each referred to herein as a “Party” and collectively referred to herein as the “Parties”.
RECITALS
WHEREAS, the Districts was organized to provide those services and to exercise powers
as are more specifically set forth in the Amended and Restated Service Plan for WARD TOD
Metropolitan District Nos. 1-3, approved by the City on May 13, 2019 (“Service Plan”); and
WHEREAS, the Service Plan requires that the Districts approve this Agreement after approval of the Service Plan by the City; and
WHEREAS, the City and the Districts have determined it to be in the best interests of
their respective taxpayers, residents and property owners to enter into this Agreement; and
WHEREAS, all defined terms set forth herein shall have the same meaning as set forth in the Service Plan.
NOW, THEREFORE, in consideration of the covenants and mutual agreements herein contained, and for other good and valuable consideration, the receipt and sufficiency of which
are hereby acknowledged, the Parties hereto agree as follows:
COVENANTS AND AGREEMENTS
1. Operations and Maintenance. The Districts shall dedicate the Public Improvements to the City or other appropriate jurisdiction in a manner contemplated under the Approved Development Plan and other rules and regulations of the City and applicable
provisions of the City Code. The Districts shall be authorized, but not obligated, to own, operate
and maintain Public Improvements not otherwise dedicated to the City or other public entity. The Parties anticipate the division of operations and maintenance responsibilities as set forth in Exhibit A attached hereto.
1549, 953081 D-3
2. Construction Standards. The Districts will ensure that Public Improvements
constructed by the Districts are designed and constructed in accordance with the standards and specifications of the City and of other governmental entities having proper jurisdiction, including the Colorado Department of Health, and other applicable local, state or federal agencies.
3. Inclusion of Property. The Districts shall not include within its boundaries any
property outside the Service Area without the prior written consent of the City.
4. Total Debt Issuance. The Districts collectively shall not issue Debt in excess of Twenty Five Million Dollars ($25,000,000). Debt that is issued for the purpose of refunding outstanding District Debt shall not be counted against such $25,000,000 debt limitation, provided, however, that if the aggregate principal amount of the refunding Debt exceeds the outstanding aggregate principal amount of the refunded Debt, the increase in principal amount
shall be counted against such debt limitation.
5. Bankruptcy. All of the limitations contained in the Service Plan, including, but not limited to, those pertaining to the Maximum Debt Mill Levy, Maximum Debt Mill Levy Imposition Term and the Fees have been established under the authority of the City to approve the Service Plan with conditions pursuant to Section 32-1-204.5, C.R.S. It is expressly intended
that such limitations:
(a) shall not be subject to set-aside for any reason or by any court of competent jurisdiction, absent a Service Plan Amendment; and
(b) are, together with all other requirements of State law, included in the
“political or governmental powers” reserved to the State under the U.S. Bankruptcy Code (11
U.S.C.) Section 903, and are also included in the “regulatory or electoral approval necessary under applicable nonbankruptcy law” as required for confirmation of a Chapter 9 Bankruptcy Plan under Bankruptcy Code Section 943(b)(6).
Any Debt, issued with a pledge or which results in a pledge, that exceeds the
Maximum Debt Mill Levy and the Maximum Debt Mill Levy Imposition Term, shall be deemed
a material modification of this Service Plan pursuant to Section 32-1-207, C.R.S. and shall not be an authorized issuance of Debt unless and until such material modification has been approved by the City as part of a Service Plan Amendment.
7. Dissolution. Upon an independent determination of the City Council that the
purposes for which the Districts was created have been accomplished, the Districts agrees to file
a petition in the appropriate District Court for dissolution, pursuant to the applicable State statutes. In no event shall a dissolution occur until the Districts have provided for the payment or discharge of all of its outstanding indebtedness and other financial obligations as required pursuant to State statutes.
8. Disclosure to Purchasers. The Districts will use reasonable efforts to assure that
all developers of the property located within the Districts provide written notice to all purchasers of property in the Districts regarding the Maximum Debt Mill Levy, as well as a general description of the Districts’ authority to impose and collect rates, Fees, tolls and charges. The
1549, 953081 D-4
form of notice shall be filed with the City prior to the initial issuance of the Debt by the Districts
and shall be recorded in the Service Area.
9. Annual Report. The Districts shall be responsible for submitting an annual report to the City Clerk at the City’s administrative offices by no later than September 1st of each year following the year in which the Service Plan is approved by the City Council. The annual report shall reflect activity and financial events of the District during the Report Year.
10. Maximum Debt Mill Levy. The “Maximum Debt Mill Levy” shall be the maximum mill levy a District is permitted to impose upon the taxable property within such District for payment of Debt, and shall be determined as follows:
(a) For the portion of any aggregate Debt which exceeds fifty percent (50%)
of the District’s assessed valuation, the Maximum Debt Mill Levy for such portion of Debt shall
be Sixty (60) mills less the number of mills necessary to pay unlimited mill levy Debt described in Section V.C.2 below; provided that if, on or after January 1, 2018, changes are made in the method of calculating assessed valuation or any constitutionally mandated tax credit, cut or abatement; the mill levy limitation applicable to such Debt may be increased or decreased to
reflect such changes, such increases or decreases to be determined by the Board in good faith
(such determination to be binding and final) so that to the extent possible, the actual tax revenues generated by the mill levy, as adjusted for changes occurring after January 1, 2018, are neither diminished nor enhanced as a result of such changes. For purposes of the foregoing, a change in the ratio of actual valuation shall be deemed to be a change in the method of calculating assessed
valuation.
(b) For the portion of any aggregate Debt which is equal to or less than fifty percent (50%) of the District’s assessed valuation, either on the date of issuance or at any time thereafter, the mill levy to be imposed to repay such portion of Debt shall not be subject to the Maximum Debt Mill Levy and, as a result, the mill levy may be such amount as is necessary to
pay the Debt service on such Debt, without limitation of rate.
(c) For purposes of the foregoing, once Debt has been determined to be within Section V.C.2 above, such that the District is entitled to pledge to its payment an unlimited ad valorem mill levy, such District may provide that such Debt shall remain secured by such unlimited mill levy, notwithstanding any subsequent change in such District’s Debt to assessed
ratio. All Debt issued by the District must be issued in compliance with the requirements of
Section 32-1-1101, C.R.S. and all other requirements of State law.
To the extent that the District is composed of or subsequently organized into one or more subdistricts as permitted under Section 32-1-1101, C.R.S., the term “District” as used herein shall be deemed to refer to the District and to each such subdistrict separately, so that each
of the subdistricts shall be treated as a separate, independent district for purposes of the
application of the definitions and limitations herein.
11. Notices. All notices, demands, requests or other communications to be sent by one Party to the other hereunder or required by law shall be in writing and shall be deemed to have been validly given or served by delivery of same in person to the address or by courier
1549, 953081 D-5
delivery, via United Parcel Service or other nationally recognized overnight air courier service,
or by depositing same in the United States mail, postage prepaid, addressed as follows:
To the District: WARD TOD Metropolitan District Nos. 1-3 2154 East Commons Ave., Suite 2000 Centennial, CO 80122
ATTN: Clint C. Waldron, Esq.
Phone: (303) 858-1800 Fax: (303) 858-1801 Email: cwaldron@wbapc.com
To the City: City of Wheat Ridge
7500 W. 29th Ave., Wheat Ridge, CO 80033 ATTN: Patrick Goff, City Manager Phone: (303) 235-2805
Email: pgoff@ci.wheatridge.co.us
With a copy to: Murray Dahl Kuechenmeister & Renaud LLP 710 Kipling Street, Suite 300 Lakewood, CO 80215 ATTN: Gerald Dahl
Phone: (303) 493-6670 Email: gdahl@mdkrlaw.com All notices, demands, requests or other communications shall be effective upon
such personal delivery or 1 business day after being deposited with United Parcel Service or
other nationally recognized overnight air courier service or 3 business days after deposit in the United States mail. By giving the other party hereto at least 10 days written notice thereof in accordance with the provisions hereof, each of the Parties shall have the right from time to time to change its address.
12. Amendment. This Agreement may be amended, modified, changed, or terminated
in whole or in part only by a written agreement duly authorized and executed by the Parties hereto and without amendment to the Service Plan.
13. Assignment. No Party hereto shall assign any of its rights nor delegate any of its duties hereunder to any person or entity without having first obtained the prior written consent of
all other Parties, which consent will not be unreasonably withheld. Any purported assignment or
delegation in violation of the provisions hereof shall be void and ineffectual.
14. Default/Remedies. In the event of a breach or default of this Agreement by any Party, the non-defaulting Parties shall be entitled to exercise all remedies available at law or in equity, specifically including suits for specific performance and/or monetary damages. In the
event of any proceeding to enforce the terms, covenants or conditions hereof, the prevailing
Party/Parties in such proceeding shall be entitled to obtain as part of its judgment or award its reasonable attorneys’ fees.
1549, 953081 D-6
15. Governing Law and Venue. This Agreement shall be governed and construed
under the laws of the State of Colorado and venue shall be in the District Court in and for the county in which the Districts are located.
16. Inurement. Each of the terms, covenants and conditions hereof shall be binding upon and inure to the benefit of the Parties hereto and their respective successors and assigns.
17. Integration. This Agreement constitutes the entire agreement between the Parties
with respect to the matters addressed herein. All prior discussions and negotiations regarding the subject matter hereof are merged herein.
18. Parties Interested Herein. Nothing expressed or implied in this Agreement is intended or shall be construed to confer upon, or to give to, any person other than the District and
the City any right, remedy, or claim under or by reason of this Agreement or any covenants,
terms, conditions, or provisions thereof, and all the covenants, terms, conditions, and provisions in this Agreement by and on behalf of the District and the City shall be for the sole and exclusive benefit of the District and the City.
19. Severability. If any covenant, term, condition, or provision under this Agreement
shall, for any reason, be held to be invalid or unenforceable, the invalidity or unenforceability of
such covenant, term, condition, or provision shall not affect any other provision contained herein, the intention being that such provisions are severable.
20. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall constitute an original and all of which shall constitute one and the same document.
21. Paragraph Headings. Paragraph headings are inserted for convenience of
reference only.
22. Defined Terms. Capitalized terms used herein and not otherwise defined shall have meanings ascribed to them in the Service Plan.
(Signature page follows)
1549, 953081 D-7
IN WITNESS WHEREOF, this Agreement is executed by the City and District as of the
date first above written.
WARD TOD METROPOLITAN DISTRICT NOS. 1-3
By:
President
Attest:
By: Secretary
CITY OF WHEAT RIDGE, COLORADO
By: Mayor Attest:
By:
Secretary
APPROVED AS TO FORM:
City Attorney
1549, 953081 D-8
EXHIBIT A TO INTERGOVERNMENTAL AGREEMENT Operations and Maintenance Chart The Parties anticipate that operations and maintenance responsibilities will be as set forth below.
City District HOA
Adjacent to Right-of-way The City will maintain the following within the right-
of-way: -Sidewalks
-Curb, gutter -Street -Street/ped lights -Traffic/safety signs
As it pertains to the right-of-way the District will be responsible for:
-Storm sewer -Landscaping -Irrigation -Street furnishings (e.g. trash cans, benches—including maintenance of furniture and emptying trash)
-Entry documentation or fencing in the ROW
Within Tracts -Landscaping, irrigation, and sidewalks on Tract U and Tract W
-Entry monumentation -Paseo (Tract U) - Park amenities (Tract W)
-All other landscaping -All other irrigation
-All other sidewalks -Lighting (not in right-of-way) -Mail kiosks
-Snow removal for alleys and walkways
-Signage in private tracts, not
monumentation
1549, 953081 E-1
EXHIBIT E
Capital Plan
4/8/2019
All Costs Include Labor and Materials. 'Street furniture' does not include labor costing
Item # Description Quantity Unit Unit Cost Total Cost
ON-SITE PUBLIC IMPROVEMENTS
Earthwork (In Public ROW)
Mobilizaton 1 LS $5,000.00 $5,000.00
Cut to Place 9,400 C.Y.$2.50 $23,500.00
Transportation
Asphalt Paving 7,860 S.Y.$25.00 $196,500
Subgrade Prep 7,860 S.Y.$1.30 $10,218
Mill & Overlay 29,400 S.F.$3.00 $88,200
Concrete Alleys 10,400 S.Y.$60.00 $624,000
Enhanced Pavement Crossing 1,130 S.F.$15.00 $16,950
Curb Gutter 4,775 L.F.$18.00 $85,950
Cross Pans 1,425 S.F.$11.00 $15,675
Sidewalks (6' Wide)3,875 L.F.$30.00 $116,250
Sidewalks (8' Wide)900 L.F.$45.00 $40,500
Hardscape (off street-paseos)2,275 L.F.$25.00 $56,875
Handicap Ramps 16 E.A.$2,300.00 $36,800
Striping 1,100 L.F.$3.00 $3,300
Signage 18 E.A.$300.00 $5,400
Public Street Lighting 17 E.A.$3,500.00 $59,500
Public Street Lighting (Pedestrian)18 E.A.$2,500.00 $45,000
Decomposed Granite (Crusher Fines)509 S.F.$2.75 $1,400
Water
Water Main 4 inch (Includes all fittings and thrust blocks)525 L.F.$25.00 $13,125
Water Main 8 inch (Includes all fittings and thrust blocks)4,160 L.F.$39.00 $162,240
Connections to Existing WL 4 E.A.$1,000.00 $4,000
Saw Cut & Pavement Replacement 150 L.F.$15.00 $2,250
Reducer 8"x4"5 E.A.$550.00 $2,750
Tees 8"x8"11 E.A.$750.00 $8,250
Crosses 8"x8"1 E.A.$950.00 $950
Horizontal Bends (22.5, 45)15 E.A.$400.00 $6,000
Vertical Bends (45)8 E.A. $450.00 $3,600
8" Gate Valve 28 E.A.$1,750.00 $49,000
Blow-Offs 2"9 E.A.$800.00 $7,200
Fire Hydrant Assembly 6 E.A.$5,400.00 $32,400
Fire Hydrant Relocate Existing 4 E.A.$3,500.00 $14,000
Water Meters 3/4"200 E.A.$1,400.00 $280,000
Irrigation Meters 1 1/2" & Meter Pit 1 E.A.$2,000.00 $2,000
Sanitary Sewer
Sanitary Main 8 inch 4,720 L.F.$48.00 $226,560
Connections to Existing San Sewer 2 E.A.$1,900.00 $3,800
Saw Cut & Pavement Replacement 1,000 L.F.$15.00 $15,000
4' Sanitary Sewer MH 41 E.A.$3,300.00 $135,300
Service Line Connections including WYE tap 201 E.A.$1,050.00 $211,050
Drainage
18" Storm Sewer (RCP)400 L.F $50.00 $20,000
24" Storm Sewer (RCP)930 L.F $65.00 $60,450
30" Storm Sewer (RCP)350 L.F $85.00 $29,750
5' Storm MH 6 E.A. $3,300.00 $19,800
5' Type R Inlet 7 E.A. $7,200.00 $50,400
10' Type R Inlet 8 E.A. $9,200.00 $73,600
Valley Inlet 2 E.A. $4,500.00 $9,000
Underground Detention A (North)1 E.A. $350,000.00 $350,000
Underground Detention B (South)1 E.A. $215,000.00 $215,000
Retaining Walls 80 L.F. $75.00 $6,000
Engineer's Opinion of Estimated Costs for Public Improvements
The Ridge at Ward Station
** All Quantities provided as courtesy. Contractor to verify all quanities per plans.
Item # Description Quantity Unit Unit Cost Total Cost
Monuments
Primary 1 L.S $18,000.00 $18,000
Secondary 3 L.S $7,500.00 $22,500
Park Equipment
Body Curl Station 1 E.A $1,536.00 $1,536
Parallel Bar 1 E.A $739.00 $739
Accessible Chin Up 1 E.A $1,357.00 $1,357
Street Furniture
Bench 35 E.A.$1,123.00 $39,305
Bike rack 8 L.S.$2,900.00 $2,900
Removeable Bollard 4 E.A.$244.00 $976
Fence Type 1 (wood)1,192 L.F.$55.00 $65,560
Fence Type 2 (metal) - Labor included 119 L.F $58.52 $6,964
Pedestrian Gate 2 E.A.$650.00 $1,300
Landscape (ROW & Tract U & Tract W)
Turf 40,402 S.F. $1.00 $40,402
Shrub Bed (includes edger)14,346 S.F. $5.50 $78,904
Large Deciduous Tree 138 E.A. $550.00 $75,900
Evergreen Tree 11 E.A. $550.00 $6,050
Ornamental Tree 3 E.A. $450.00 $1,350
ENT 6,400 S.F. $0.50 $3,200
Irrigation 54,748 S.F. $1.50 $82,122
Rock Mulch in shrub beds 190 TN $45.60 $8,664
Wood Mulch in shrub beds 27 C.Y. $19.25 $512
$3,902,733.48
15% Contingency $585,410.02
Total On-Site Public Improvements $4,488,143.50
WARD RD (CDOT)
Transportation
Paving 1,060 S.Y. $32.07 $33,994
Subgrade Prep 1,060 S.Y. $1.30 $1,378
Curb Gutter 700 L.F. $18.00 $12,600
Cross Pans 675 S.F. $11.00 $7,425
Sidewalks (5' Wide)0 L.F. $25.00 $0
Sidewalks (8' Wide)650 L.F. $40.00 $26,000
Handicap Ramps 4 E.A. $2,300.00 $9,200
Utility Relocation (Telephone)1 E.A. $7,500.00 $7,500
Striping 650 L.F. $3.00 $1,950
Signage 4 E.A. $300.00 $1,200
Public Street Lighting 4 E.A. $3,500.00 $14,000
Public Street Lighting (Pedestrian)2 E.A. $2,500.00 $5,000
$120,247
15% Contingency $18,037.1
Total CDOT Improvements $138,284.3
Grand Total $4,626,427.78
1549, 953081 F-1
EXHIBIT F
Financial Plan
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Apr 1, 2019 10:40 am Prepared by D.A, Davidson & Co Quantitative Group~PM (Ward TOD MD 17:FAPR0119-21NRSPF)
SOURCES AND USES OF FUNDS
WARD TOD METROPOLITAN DISTRICTGENERAL OBLIGATION BONDS, SERIES 202160.000 (target) MillsNon-Rated, 100x, 30-yr. Maturity(SERVICE PLAN: Full Growth + 6.00% Bi-Reassessment Projections)[ Preliminary -- for discussion only ]
Dated Date 12/01/2021Delivery Date 12/01/2021
Sources:
Bond Proceeds:Par Amount 8,560,000.00
8,560,000.00
Uses:
Project Fund Deposits:Project Fund 6,034,800.00
Other Fund Deposits:Capitalized Interest Fund 1,284,000.00
Cost of Issuance:Other Cost of Issuance 300,000.00
Delivery Date Expenses:Underwriter's Discount 171,200.00
Other Uses of Funds:Deposit to Surplus Fund 770,000.00
8,560,000.00
5
Apr 1, 2019 10:40 am Prepared by D.A, Davidson & Co Quantitative Group~PM (Ward TOD MD 17:FAPR0119-21NRSPF)
BOND SUMMARY STATISTICS
WARD TOD METROPOLITAN DISTRICTGENERAL OBLIGATION BONDS, SERIES 202160.000 (target) MillsNon-Rated, 100x, 30-yr. Maturity(SERVICE PLAN: Full Growth + 6.00% Bi-Reassessment Projections)[ Preliminary -- for discussion only ]
Dated Date 12/01/2021Delivery Date 12/01/2021First Coupon 06/01/2022Last Maturity 12/01/2051
Arbitrage Yield 5.000000%True Interest Cost (TIC)5.151697%Net Interest Cost (NIC)5.000000%All-In TIC 5.428615%Average Coupon 5.000000%
Average Life (years)23.211Weighted Average Maturity (years)23.211Duration of Issue (years)13.600
Par Amount 8,560,000.00Bond Proceeds 8,560,000.00Total Interest 9,934,250.00Net Interest 10,105,450.00Bond Years from Dated Date 198,685,000.00Bond Years from Delivery Date 198,685,000.00Total Debt Service 18,494,250.00Maximum Annual Debt Service 898,500.00Average Annual Debt Service 616,475.00
Underwriter's Fees (per $1000) Average Takedown Other Fee 20.000000
Total Underwriter's Discount 20.000000
Bid Price 98.000000
AverageParAverage Average Maturity PV of 1 bpBond Component Value Price Coupon Life Date change
Term Bond due 2051 8,560,000.00 100.000 5.000% 23.211 02/15/2045 13,268.00
8,560,000.00 23.211 13,268.00
All-In ArbitrageTICTICYield
Par Value 8,560,000.00 8,560,000.00 8,560,000.00 + Accrued Interest + Premium (Discount) - Underwriter's Discount -171,200.00 -171,200.00 - Cost of Issuance Expense -300,000.00 - Other Amounts
Target Value 8,388,800.00 8,088,800.00 8,560,000.00
Target Date 12/01/2021 12/01/2021 12/01/2021Yield5.151697%5.428615%5.000000%
6
Apr 1, 2019 10:40 am Prepared by D.A, Davidson & Co Quantitative Group~PM (Ward TOD MD 17:FAPR0119-21NRSPF)
BOND DEBT SERVICE
WARD TOD METROPOLITAN DISTRICTGENERAL OBLIGATION BONDS, SERIES 202160.000 (target) MillsNon-Rated, 100x, 30-yr. Maturity(SERVICE PLAN: Full Growth + 6.00% Bi-Reassessment Projections)[ Preliminary -- for discussion only ]
AnnualPeriodDebtDebtEndingPrincipal Coupon Interest Service Service
06/01/2022 214,000 214,00012/01/2022 214,000 214,000 428,00006/01/2023 214,000 214,00012/01/2023 214,000 214,000 428,00006/01/2024 214,000 214,00012/01/2024 214,000 214,000 428,00006/01/2025 214,000 214,00012/01/2025 214,000 214,000 428,00006/01/2026 214,000 214,00012/01/2026 214,000 214,000 428,00006/01/2027 214,000 214,00012/01/2027 214,000 214,000 428,00006/01/2028 214,000 214,00012/01/2028 45,000 5.000%214,000 259,000 473,00006/01/2029 212,875 212,87512/01/2029 45,000 5.000%212,875 257,875 470,75006/01/2030 211,750 211,75012/01/2030 75,000 5.000%211,750 286,750 498,50006/01/2031 209,875 209,87512/01/2031 80,000 5.000%209,875 289,875 499,75006/01/2032 207,875 207,87512/01/2032 115,000 5.000%207,875 322,875 530,75006/01/2033 205,000 205,00012/01/2033 120,000 5.000%205,000 325,000 530,00006/01/2034 202,000 202,00012/01/2034 155,000 5.000%202,000 357,000 559,00006/01/2035 198,125 198,12512/01/2035 165,000 5.000%198,125 363,125 561,25006/01/2036 194,000 194,00012/01/2036 205,000 5.000%194,000 399,000 593,00006/01/2037 188,875 188,87512/01/2037 220,000 5.000%188,875 408,875 597,75006/01/2038 183,375 183,37512/01/2038 265,000 5.000%183,375 448,375 631,75006/01/2039 176,750 176,75012/01/2039 280,000 5.000%176,750 456,750 633,50006/01/2040 169,750 169,75012/01/2040 330,000 5.000%169,750 499,750 669,50006/01/2041 161,500 161,50012/01/2041 345,000 5.000%161,500 506,500 668,00006/01/2042 152,875 152,87512/01/2042 405,000 5.000%152,875 557,875 710,75006/01/2043 142,750 142,75012/01/2043 425,000 5.000%142,750 567,750 710,50006/01/2044 132,125 132,12512/01/2044 490,000 5.000%132,125 622,125 754,25006/01/2045 119,875 119,87512/01/2045 510,000 5.000%119,875 629,875 749,75006/01/2046 107,125 107,12512/01/2046 585,000 5.000%107,125 692,125 799,25006/01/2047 92,500 92,50012/01/2047 615,000 5.000%92,500 707,500 800,00006/01/2048 77,125 77,12512/01/2048 690,000 5.000%77,125 767,125 844,25006/01/2049 59,875 59,87512/01/2049 725,000 5.000%59,875 784,875 844,75006/01/2050 41,750 41,75012/01/2050 815,000 5.000%41,750 856,750 898,50006/01/2051 21,375 21,37512/01/2051 855,000 5.000%21,375 876,375 897,750
8,560,000 9,934,250 18,494,250 18,494,250
7
Apr 1, 2019 10:40 am Prepared by D.A, Davidson & Co Quantitative Group~PM (Ward TOD MD 17:FAPR0119-21NRSPF)
NET DEBT SERVICE
WARD TOD METROPOLITAN DISTRICTGENERAL OBLIGATION BONDS, SERIES 202160.000 (target) MillsNon-Rated, 100x, 30-yr. Maturity(SERVICE PLAN: Full Growth + 6.00% Bi-Reassessment Projections)[ Preliminary -- for discussion only ]
CapitalizedPeriodTotal Interest NetEndingPrincipal Interest Debt Service Fund Debt Service
12/01/2022 428,000 428,000 428,00012/01/2023 428,000 428,000 428,00012/01/2024 428,000 428,000 428,00012/01/2025 428,000 428,000 428,00012/01/2026 428,000 428,000 428,00012/01/2027 428,000 428,000 428,00012/01/2028 45,000 428,000 473,000 473,00012/01/2029 45,000 425,750 470,750 470,75012/01/2030 75,000 423,500 498,500 498,50012/01/2031 80,000 419,750 499,750 499,75012/01/2032 115,000 415,750 530,750 530,75012/01/2033 120,000 410,000 530,000 530,00012/01/2034 155,000 404,000 559,000 559,00012/01/2035 165,000 396,250 561,250 561,25012/01/2036 205,000 388,000 593,000 593,00012/01/2037 220,000 377,750 597,750 597,75012/01/2038 265,000 366,750 631,750 631,75012/01/2039 280,000 353,500 633,500 633,50012/01/2040 330,000 339,500 669,500 669,50012/01/2041 345,000 323,000 668,000 668,00012/01/2042 405,000 305,750 710,750 710,75012/01/2043 425,000 285,500 710,500 710,50012/01/2044 490,000 264,250 754,250 754,25012/01/2045 510,000 239,750 749,750 749,75012/01/2046 585,000 214,250 799,250 799,25012/01/2047 615,000 185,000 800,000 800,00012/01/2048 690,000 154,250 844,250 844,25012/01/2049 725,000 119,750 844,750 844,75012/01/2050 815,000 83,500 898,500 898,50012/01/2051 855,000 42,750 897,750 897,750
8,560,000 9,934,250 18,494,250 1,284,000 17,210,250
8
Apr 1, 2019 10:40 am Prepared by D.A, Davidson & Co Quantitative Group~PM (Ward TOD MD 17:FAPR0119-21NRSPF)
BOND SOLUTION
WARD TOD METROPOLITAN DISTRICTGENERAL OBLIGATION BONDS, SERIES 202160.000 (target) MillsNon-Rated, 100x, 30-yr. Maturity(SERVICE PLAN: Full Growth + 6.00% Bi-Reassessment Projections)[ Preliminary -- for discussion only ]
Period Proposed Proposed Debt Service Total Adj Revenue Unused Debt ServEndingPrincipal Debt Service Adjustments Debt Service Constraints Revenues Coverage
12/01/2022 428,000 -428,000 18,405 18,40512/01/2023 428,000 -428,000 77,149 77,14912/01/2024 428,000 -428,000 158,011 158,01112/01/2025 428,000 428,000 237,580 -190,420 55.50926%12/01/2026 428,000 428,000 331,218 -96,782 77.38747%12/01/2027 428,000 428,000 407,600 -20,400 95.23372%12/01/2028 45,000 473,000 473,000 473,640 640 100.13528%12/01/2029 45,000 470,750 470,750 473,640 2,890 100.61389%12/01/2030 75,000 498,500 498,500 502,058 3,558 100.71379%12/01/2031 80,000 499,750 499,750 502,058 2,308 100.46188%12/01/2032 115,000 530,750 530,750 532,182 1,432 100.26976%12/01/2033 120,000 530,000 530,000 532,182 2,182 100.41165%12/01/2034 155,000 559,000 559,000 564,113 5,113 100.91461%12/01/2035 165,000 561,250 561,250 564,113 2,863 100.51005%12/01/2036 205,000 593,000 593,000 597,959 4,959 100.83633%12/01/2037 220,000 597,750 597,750 597,959 209 100.03504%12/01/2038 265,000 631,750 631,750 633,837 2,087 100.33035%12/01/2039 280,000 633,500 633,500 633,837 337 100.05319%12/01/2040 330,000 669,500 669,500 671,867 2,367 100.35358%12/01/2041 345,000 668,000 668,000 671,867 3,867 100.57892%12/01/2042 405,000 710,750 710,750 712,179 1,429 100.20109%12/01/2043 425,000 710,500 710,500 712,179 1,679 100.23635%12/01/2044 490,000 754,250 754,250 754,910 660 100.08750%12/01/2045 510,000 749,750 749,750 754,910 5,160 100.68823%12/01/2046 585,000 799,250 799,250 800,205 955 100.11944%12/01/2047 615,000 800,000 800,000 800,205 205 100.02558%12/01/2048 690,000 844,250 844,250 848,217 3,967 100.46987%12/01/2049 725,000 844,750 844,750 848,217 3,467 100.41040%12/01/2050 815,000 898,500 898,500 899,110 610 100.06788%12/01/2051 855,000 897,750 897,750 899,110 1,360 100.15148%
8,560,000 18,494,250 -1,284,000 17,210,250 17,210,517 267
9
1549.2003; 967522
CERTIFICATE CONCERNING NOTICES OF PUBLIC HEARING ON THE SERVICE PLAN
IN RE THE SERVICE PLAN FOR WARD TOD METROPOLITAN DISTRICT NOS. 1-3, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO
I, Allison L. Hanson, a paralegal at the law firm of White Bear Ankele Tanaka & Waldron Professional Corporation, acting on behalf of Ward TOD Metropolitan District Nos. 1-3 (collectively the “Districts”), do hereby certify as follows:
1.That the City of Wheat Ridge (the “City”) set a public hearing for May 13, 2019 at 7:00p.m. at 7500 West 29th Avenue, Wheat Ridge, Colorado (the “Hearing”), for the purposeof considering the Amended and Restated Service Plan (the “Service Plan”) for theDistricts and to form a basis for adopting a resolution approving, conditionally approving
or disapproving the Service Plan;
2. That, pursuant to § 32-1-204(1), C.R.S., the Notice of Public Hearing on the Service Plan,a copy of which is attached hereto as Exhibit A and incorporated herein by this reference,was provided by U.S. mail on April 18, 2019, to the Petitioners and to the governing body
of any existing municipality or special district that has levied an ad valorem tax within thenext preceding tax year and that has boundaries within a radius of three miles of theproposed Districts’ boundaries, as set forth on the list attached hereto as Exhibit B andincorporated herein by this reference;
3.That, pursuant to § 32-1-204(1), C.R.S., the Notice of Public Hearing on the Service Plan,a copy of which is attached hereto as Exhibit A, was published on April 18, 2019, in theWheat Ridge Transcript. A copy of the Affidavit of Publication of Notice of PublicHearing on the Service Plan is attached hereto as Exhibit C and incorporated herein bythis reference;
4.That, pursuant to § 32-1-204(1.5), C.R.S., the Notice of Public Hearing on the Service Plan,a copy of which is attached hereto as Exhibit A, was sent by U.S. mail on April 18, 2019(which date is no more than thirty days nor less than twenty days prior to the Hearing), tothe property owners within the proposed Districts as listed on the records of the County
Assessor, as set forth on the list attached hereto as Exhibit D and incorporated herein bythis reference; and
5.That, pursuant to § 32-1-202(1)(a), C.R.S., the Notice of Public Hearing on the ServicePlan, a copy of which is attached hereto as Exhibit A, was provided by U.S. mail on April
18, 2019 to the Division of Local Government.
ATTACHMENT 3
1549.2003; 967522 2
Signed this 6th day of May, 2019.
By: Allison L. Hanson, Paralegal
EXHIBIT A TO CERTIFICATE OF MAILING AND PUBLICATION OF NOTICE OF PUBLIC HEARING ON THE SERVICE PLAN
(Notice of Public Hearing on the Service Plan)
1549; 964656
NOTICE OF PUBLIC HEARING FOR SERVICE PLAN OF A SPECIAL DISTRICT
IN RE THE SERVICE PLAN FOR WARD TOD METROPOLITAN DISTRICT NOS. 1-3, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO
NOTICE IS HEREBY GIVEN that, pursuant to § 32-1-204(1), C.R.S., an Amended and Restated Service Plan (the “Service Plan”) for the WARD TOD Metropolitan District Nos. 1-3 (collectively,
the “Districts”) has been filed and is available for public inspection in the office of the City Clerk of the City of Wheat Ridge, Colorado.
A study session on the Service Plan will be held by the City Council of the City of Wheat Ridge (the “City Council”) on Monday, May 6, 2019, at 6:30 p.m., at 7500 West 29th Avenue, Wheat Ridge,
Colorado, or as soon thereafter as the City Council may hear such matter.
A public hearing on the Service Plan will be held by the City Council on Monday, May 13, 2019, at 7:00 p.m., at 7500 West 29th Avenue, Wheat Ridge, Colorado, or as soon thereafter as the City Council may hear such matter.
The Districts are existing metropolitan districts organized under the provisions of Title 32, Colorado Revised Statutes. The purpose of the Districts is to finance, construct, acquire, own, operate and maintain public improvements such as water, streets, traffic and safety control, sanitation, storm sewers and drainage, parks and recreation, transportation, television relay and translation, mosquito
and pest control and other improvements and services within the Districts’ boundaries. The maximum mill levy the Districts are permitted to impose upon the taxable property within the Districts for payment of Debt and shall be 60 mills, subject to the limitations set forth in the Service Plan.
A description of the land contained within the boundaries of the proposed Districts is as follows: the
southeast corner of West 52nd Avenue and Ward Road, City of Wheat Ridge, County of Jefferson, State of Colorado, containing approximately 14 acres, as further described in the Service Plan.
All protests and objections must be submitted in writing to the City Manager at or prior to the public hearing or any continuance or postponement thereof in order to be considered. All protests and objections to the District shall be deemed to be waived unless presented at the time
and in the manner specified herein.
BY ORDER OF THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE
PUBLISHED IN: Wheat Ridge Transcript PUBLISHED ON: April 18, 2019
EXHIBIT B TO CERTIFICATE OF MAILING AND PUBLICATION OF NOTICE OF PUBLIC HEARING ON THE SERVICE PLAN (Mailing List of 3-Mile Taxing Entities)
APEX PARK & REC DISTRICT C/O LAURI DANNEMILLER 13150 W 72ND AVE
ARVADA, CO 80005
ARVADA FIRE PROTECTION DISTRICT C/O JON GREER 7903 ALLISON WAY
ARVADA, CO 80005
CITY OF ARVADA C/O CITY OF ARVADA FINANCE DEPT 8101 RALSTON RD
ARVADA, CO 80002
CITY OF LAKEWOOD C/O LARRY DORR
480 S ALLISON PKWY
LAKEWOOD, CO 80226-3127
CLEAR CREEK VALLEY W&S DISTRICT C/O FONDA WILHELM
5420 HARLAN ST
ARVADA, CO 80002
FAIRMOUNT FIRE PROTECTION DISTRICT
C/O ALAN FLETCHER
4755 ISABELL ST GOLDEN, CO 80403
APPLEWOOD SANITATION DISTRICT C/O LEROY O. BANKS P.O. BOX 1109
GOLDEN, CO 80402-1109
BOYD PONDS METROPOLITAN DISTRICT NO. 2 C/O SETER & VANDER WALL PC 7400 E ORCHARD RD, SUITE 3300
GREENWOOD VILLAGE, CO 80111
CITY OF GOLDEN C/O FINANCE DIRECTOR 911 10TH ST
GOLDEN, CO 80401
CITY OF WHEAT RIDGE C/O CITY OF WHEAT RIDGE 7500 W 29TH AVE
WHEAT RIDGE, CO 80033
DENVER WEST METROPOLITAN DISTRICT C/O WHITE BEAR ANKELE TANAKA &
WALDORN
2154 E COMMONS AVE, SUITE 2000 CENTENNIAL, CO 80122
FRUITDALE SANITATION DISTRICT 4990 MILLER ST
WHEAT RIDGE, CO 80033
GEOS NEIGHBORHOOD METROPOLITAN
DISTRICT
C/O NORMAN F. KRON, JR 1700 LINCOLN ST, SUITE 2000 DENVER, CO 80203
HOME TOWN METROPOLITAN DISTRICT NO. 2 C/O MC GEADY BECHER 450 E 17TH AVE, SUITE 400
DENVER, CO 80203-1254
JEFFERSON CENTER METROPOLITAN DISTRICT NO. 1 C/O SPECIAL DISTRICT MANAGEMENT
SERVICE, INC. 141 UNION BLVD, SUITE 150 LAKEWOOD, CO 80228-1898
JEFFERSON COUNTY SCHOOL R-1 P.O. BOX 4001 GOLDEN, , C O 80401
KIPLING RIDGE METROPOLITAN DISTRICT C/O SANDY BRANDENBURGER 8390 E CRESCENT PKWY, SUITE 300
GREENWOOD VILLAGE, CO 80111-2814
LONGS PEAK METROPOLITAN DISTRICT C/O SETER & VANDER WALL P.C. 7400 E ORCHARD RD, SUITE 3300
GREENWOOD VILLAGE, CO 80111
MOFFAT TUNNEL IMPROVEMENT DISTRICT 100 JEFFERSON COUNTY PKWY GOLDEN, CO 80419
NORTH TABLE MOUNTAIN W&S DISTRICT C/O BART SPERRY
14806 W 52ND AVE
GOLDEN, CO 80403-1228
NORTHWEST LAKEWOOD SANITATION DISTRICT
C/O SPECIAL DISTRICT MANAGEMENT
SERVICE, INC. 141 UNION BOULEVARD, STE 150 LAKEWOOD, CO 80228-1898
PLEASANT VIEW METROPOLITAN DISTRICT 955 MOSS ST
GOLDEN, CO 80401
PLEASANT VIEW W&S DISTRICT C/O DAVID COUNCILMAN
955 MOSS ST
GOLDEN, CO 80401-1556
PROSPECT REC & PARK DISTRICT
C/O MIKE HANSON
4198 XENON ST WHEAT RIDGE, CO 80033
RALSTON VALLEY W&S DISTRICT
C/O PHIL WATHIER
P.O. BOX 749 ARVADA, CO 80001
REGIONAL TRANSPORTATION DISTRICT
C/O JANNETTE SCARPINO
1600 BLAKE ST DENVER, CO 80202-1399
RICHARDS FARM METROPOLITAN NO. 1
C/O WHITE BEAR ANKELE TANAKA &
WALDORN 2154 E COMMONS AVE, SUITE 2000 CENTENNIAL, CO 80122
RICHARDS FARM METROPOLITAN NO. 2 C/O WHITE BEAR ANKELE TANAKA & WALDORN
2154 E COMMONS AVE, SUITE 2000 CENTENNIAL, CO 80122
TABLE MOUNTAIN METRO C/O ANGELA ELLIOTT 191 UNIVERSITY BLVD, SUITE 358
DENVER, CO 80206
URBAN DRAINAGE & FLOOD CONTROL DISTRICT C/O PAUL A HINDMAN
2480 W 26TH AVE, SUITE 156B DENVER, CO 80211
VALLEY WATERDISTRICT 12101 W 52ND AVE WHEAT RIDGE, CO 80033
WARD TOD METROPOLITAN DISTRICT NO. 1 C/O WHITE BEAR ANKELE TANAKA & WALDORN
2154 E COMMONS AVE, SUITE 2000 CENTENNIAL, CO 80122
WARD TOD METROPOLITAN DISTRICT NO. 2 C/O WHITE BEAR ANKELE TANAKA & WALDORN
2154 E COMMONS AVE, SUITE 2000 CENTENNIAL, CO 80122
WARD TOD METROPOLITAN DISTRICT NO. 3 C/O WHITE BEAR ANKELE TANAKA &
WALDORN
2154 E COMMONS AVE, SUITE 2000 CENTENNIAL, CO 80122
WEST METRO FIRE PROTECTION DISTRICT C/O CHIEF DON LOMBARDI
433 S ALLISON PKWY
LAKEWOOD, CO 80226
WESTOWN METROPOLITAN C/O CENTENNIAL CONSULTING GROUP LLC
2619 CANTON CT, SUITE A
FORT COLLINS, CO 80525
WESTRIDGE SANITATION DISTRICT C/O KIM DAHLIN
3705 KIPLING ST, SUITE 101
WHEAT RIDGE, CO 80033
WHEAT RIDGE SANITATION DISTRICT
C/O MICHAEL BAKARICH
7100 W 44TH AVE, SUITE 104 WHEAT RIDGE, CO 80033
WHEAT RIDGE WATER DISTRICT
C/O WALT PETTIT
P.O. BOX 637 WHEAT RIDGE, CO 80034
YARROW GARDENS METRO
C/O WHITE BEAR ANKELE TANAKA &
WALDRON 2154 E COMMONS AVE, SUITE 2000 CENTENNIAL, CO 80122
DIVISION OF LOCAL GOVERNMENT
1313 SHERMAN STREET, ROOM 521
DENVER, CO 80203
ADAMS COUNTY
BOARD OF COUNTY COMMISSIONERS
4430 S ADAMS COUNTY PKWY, 5TH FLOOR, SUITE C5000A BRIGHTON, CO 80601
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
100 JEFFERSON COUNTY PKWY, SUITE 5550 GOLDEN CO 80419
CITY AND COUNTY OF DENVER
201 W COLFAX AVE, DEPARTMENT 1010 DENVER, CO 80202
EXHIBIT C TO CERTIFICATE OF MAILING AND PUBLICATION OF NOTICE OF PUBLIC HEARING ON THE SERVICE PLAN
(Affidavit of Publication of Notice of Public Hearing on the Service Plan)
EXHIBIT D TO CERTIFICATE OF MAILING AND PUBLICATION OF NOTICE OF PUBLIC HEARING ON THE SERVICE PLAN
(Mailing List of Property Owners)
IBC DENVER II, LLC
1101 W 48TH AVE, SUITE 100
DENVER, CO 80221
ITEM NO: DATE: May 13, 2019 REQUEST FOR CITY COUNCIL ACTION
TITLE: RESOLUTION NO. 32-2019 – A RESOLUTION APPROVING
A COOPERATION AGREEMENT BETWEEN THE CITY OF
WHEAT RIDGE AND THE WHEAT RIDGE URBAN RENEWAL AUTHORITY FOR THE APPLEWOOD VILLAGE REDEVELOPMENT PUBLIC HEARING ORDINANCES FOR 1ST READING
BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO
_______________________________ City Manager ISSUE: On March 19, 2019, Renewal Wheat Ridge (RWR) entered into a Tax Increment Financing (TIF) Agreement with Regency Centers, the owners of the Applewood Shopping Center, for redevelopment of the vacant Walmart building at the southeast corner of 38th Avenue and Youngfield Street. The TIF Agreement utilizes property and sales tax increment to finance public improvements associated with the redevelopment project. A request is being made of City
Council to adopt a resolution approving a Cooperation Agreement between the City and RWR to share up to a maximum of $2,000,874 in sales tax increment generated from the project for a period of 5 years. PRIOR ACTION:
On April 15, 2019, City Council was briefed on this issue during its study session. BACKGROUND: When Walmart ceased operations in July 2017, Regency began plans to re-tenant the
building. In early 2018, Regency entered into letters of intent with Hobby Lobby, Sierra
Council Action Form - Regency Cooperation Agreement
May 13, 2019
Page 2 Trading Post, HomeGoods and Ulta to backfill the vacant Walmart space. To attract these
quality, national retail tenants, significant improvements to the 35-year old structure and
site would be necessary. The new uses would require dividing the space into five separate spaces for four retail tenants and a yet to be determined 17,000 sq. ft. space. The redevelopment also includes a complete
reface of the building façade, reconstruction of the parking lot for more efficient use, creation
of a new retail pad at the corner of 38th and Youngfield, and streetscape improvements along Youngfield and 38th. The City is also utilizing a portion of its 1% Xcel funding to underground all the utilities from 32nd and Youngfield to the terminus of the old Walmart building on 38th Avenue.
In total, Regency will invest approximately $20 million into this redevelopment project. Over $5.4 million of this investment has been determined to be eligible public improvements including general site improvements, Youngfield streetscape and signalized intersection improvements, façade upgrades, wet utilities, 38th Avenue right of way improvements,
demolition of blighted buildings and environmental remediation of asbestos. Regency has
requested that RWR assist in paying these eligible public improvements through a property tax TIF Agreement in the amount of $6.1 million and sales tax TIF Agreement in the amount $2.0 million.
In order for RWR to consider the use of TIF, the project is required to demonstrate a need for
public assistance. RWR hired Economic and Planning Systems (EPS) to conduct an analysis of the project and the need for the use of TIF for this project. For a project of this type, a typical developer’s return on cost is somewhere between 6-8%. If this redevelopment project received no public assistance through the TIF, it would generate a return of 5.13%, which equates to a
financial gap of $4,878,360 in present value (real value). In order for this project to achieve a
6.75% return, a subsidy totaling $8,143,573 million dollars in nominal dollars or $4,878,360 in present value dollars is required for the developer to meet a 6.75% return. In addition to the TIF Agreement between RWR and Regency, the a Cooperation Agreement
between RWR and the City is necessary to obligate the City to deposit the pledged sales tax
increment revenues into a special fund of RWR to reimburse Regency for eligible public improvements associated with the redevelopment project. FINANCIAL IMPACT: If approved, the City will share one (1.0) cent of its three and one-half (3½) cent sales tax
generated from this project in an amount not-to-exceed $2,000,874. At stabilization, redevelopment of the Walmart site is estimated to generate just under $1.0 million per year in City sales tax, increasing to roughly $2.0 million per year in 2040 for a total of just over $31 million over the next 21 years.
Council Action Form - Regency Cooperation Agreement
May 13, 2019
Page 3 RECOMMENDATIONS: Staff recommends the adoption of the Resolution approving the Cooperation Agreement for the
following reasons:
• The costs associated with the redevelopment and the requested participation by the City of Wheat Ridge and RWR have been thoroughly vetted by an independent third party
working on behalf of the City of Wheat Ridge and RWR; and
• The improvements to the shuttered Walmart building will provide a needed facelift to the almost 50-year old building; and
• The participation will provide for a higher quality tenant mix in the repurposed building;
and
• The overall development will create an additional retail pad space at the corner of Youngfield and W. 38th Avenue that provides for potential sales tax generation to the City of Wheat Ridge; and
• The new tenants will draw new shoppers from a larger geographic area (app. 3 miles) compared to Walmart (app. 1 mile). RECOMMENDED MOTION: “I move to approve Resolution No. 32-2019, a resolution approving a Cooperation
Agreement between the City of Wheat Ridge and the Wheat Ridge Urban Renewal Authority for the Applewood Village Redevelopment.” Or,
“I move to postpone indefinitely Resolution No. 32-2019, a resolution approving a Cooperation Agreement between the City of Wheat Ridge and the Wheat Ridge Urban Renewal Authority for the Applewood Village Redevelopment for the following reason(s) .” ATTACHMENTS: 1. Resolution No. 32-2019 a. Exhibit A – Cooperation Agreement 2. RWR Redevelopment Agreement 3. EPS Financial Model
4. Regency Presentation
CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 32
Series of 2019
TITLE: RESOLUTION NO. 32-2019 - A RESOLUTION APPROVING A COOPERATION AGREEMENT BETWEEN THE CITY OF WHEAT RIDGE AND THE WHEAT RIDGE URBAN RENEWAL
AUTHORITY FOR THE APPLEWOOD VILLAGE REDEVELOPMENT WHEREAS, the City is a home rule municipality and political subdivision of the State of Colorado organized and existing under a home rule charter pursuant to Article XX
of the Constitution of the State of Colorado; and
WHEREAS, the City Council of the City (the “City Council”) established the Wheat Ridge Urban Renewal Authority d/b/a/ Renewal Wheat Ridge (the “Authority”) on October 18, 1981, as an urban renewal authority pursuant to Colorado Revised Statutes, Part 1 of
Title 31, Article 25, as amended; and
WHEREAS, the City Council has adopted the I-70/Kipling Corridors Urban Renewal Plan (the “Urban Renewal Plan” or the “Plan”) for the area described therein (the “Urban Renewal Area”); and
WHEREAS, Regency LLC (the “Developer”) owns and is rehabilitating a building
located at the northern end of the Applewood Village Shopping Center (the “Property”),
which is in the Urban Renewal Area; and
WHEREAS, the Developer has submitted a proposal to the City and the Authority to redevelop the Property (the “Project”) and has identified four new users within the building; and
WHEREAS, the City has determined and hereby determines that it is in the best
interests of the City and its citizens to assist in the redevelopment of the Project; and
WHEREAS, the Authority has determined that the redevelopment of the Project, in order to remediate blight, is consistent with and in furtherance of the purposes of the Authority and the Plan; and
WHEREAS, the Urban Renewal Plan contemplates that a primary method of
financing projects within the Urban Renewal Area will be through the use of property tax increment revenues and City sales tax increment revenues; and
WHEREAS, the Plan adopted the utilization of property and sales tax increment for the Property and authorizes the Authority to pledge such property tax increment revenues
and City sales tax increment revenues to finance public infrastructure that benefits the
Urban Renewal Area pursuant to one or more Cooperation Agreements (as defined therein); and
ATTACHMENT 1
2
WHEREAS, the Authority and the Developer entered into a Redevelopment Agreement on March 15, 2019 (the “Redevelopment Agreement”) that sets forth the rights
and responsibilities of each party with respect to the financing and construction of the
Project; and
WHEREAS, in order to finance certain eligible improvements for the Project, the Redevelopment Agreement provides that, upon compliance with certain conditions precedent, the Authority will reimburse the Developer for eligible costs incurred in
connection with such eligible improvements in the maximum amount of $8,441,138 (the
“Reimbursement Amount ”) with the Reimbursement Amount to be payable solely from property tax increment revenues and sales tax increment revenues to be generated from the redevelopment of the Project; and
WHEREAS, in connection with the execution and delivery of the Redevelopment
Agreement and the repayment of the Reimbursement Amount in accordance therewith, the
City and the Authority believe it is in the best interests of the City and the Authority to enter into a Cooperation Agreement (the “Cooperation Agreement”) EXHIBIT A related to the Project; and
WHEREAS, there has been filed with the City Clerk of the City (the “City Clerk”) the
proposed form of the Cooperation Agreement.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, that:
Section 1. Finding of Best Interests and Public Purpose. The City Council hereby finds and determines, pursuant to the Constitution, the laws of the State and
the City’s home rule charter (the “Charter”), and in accordance with the foregoing
recitals, that adopting this Resolution, redeveloping the Project and entering into the Cooperation Agreement are in the best interests of the inhabitants of the City.
Section 2. Approval of Cooperation Agreement. The Cooperation Agreement, in substantially the form on file with the City Clerk, is in all respects approved,
authorized and confirmed. The Mayor is hereby authorized and directed to execute
and deliver the Cooperation Agreement, for and on behalf of the City, in substantially the form and with substantially the same contents as is on file with the City Clerk, provided that such document may be completed, corrected or revised as deemed necessary by the parties thereto in order to carry out the purposes of this
Resolution. The execution of the Cooperation Agreement by the Mayor shall be
conclusive evidence of the approval by the City Council of such document in accordance with its terms.
Section 3. Direction to Act. The City Clerk is hereby authorized and directed to attest all signatures and acts of any official of the City in connection with the matters
authorized by this Resolution and to place the seal of the City on any document
authorized and approved by this Resolution. The Mayor, the City Manager, the City Clerk, the City Attorney, and all other appropriate officials or employees of the City
3
are hereby authorized and directed to execute and deliver for and on behalf of the City any and all additional certificates, documents, instruments and other papers,
and to perform all other acts that they deem necessary or appropriate, in order to
facilitate the redevelopment of the Project and implement and carry out the transactions and other matters authorized by this Resolution.
Section 4. Ratification. All actions (not inconsistent with the provisions of this Resolution) heretofore taken by the City Council or the officers, employees or
agents of the City directed toward the redevelopment of the Project and the
execution and delivery of the Cooperation Agreement are hereby ratified, approved and confirmed.
Section 5. Severability. If any section, subsection, paragraph, clause or provision of this Resolution or the documents hereby authorized and approved shall
for any reason be held to be invalid or unenforceable, the invalidity or
unenforceability of such section, subsection, paragraph, clause or provision shall not affect any of the remaining provisions of this Resolution or such documents, the intent being that the same are severable.
Section 6. Repealer. All prior resolutions, or parts thereof, inconsistent herewith
are hereby repealed to the extent of such inconsistency.
Section 7. Effectiveness. This Resolution shall take effect immediately.
DONE AND RESOLVED this 13th day of May, 2019.
Bud Starker, Mayor
Attest:
Janelle Shaver, City Clerk
4
COOPERATION AGREEMENT BETWEEN THE CITY OF WHEAT RIDGE AND
WHEAT RIDGE URBAN RENEWAL AUTHORITY THIS COOPERATION AGREEMENT (this “Agreement”) dated as of May 13, 2019, is made and entered into between the CITY OF WHEAT RIDGE, COLORADO (the “City”) and the
WHEAT RIDGE URBAN RENEWAL AUTHORITY d/b/a/ RENEWAL WHEAT RIDGE (the
“Authority”). WHEREAS, the City is a Colorado home rule municipality with all the powers and authority granted pursuant to Article XX of the Colorado Constitution and its home rule charter (the
“Charter”); and
WHEREAS, the Authority is a Colorado Urban Renewal Authority, with all the powers and authority granted to it pursuant to Title 31, Article 25, Part 1, Colorado Revised Statutes (“C.R.S.”) (the “Urban Renewal Law”); and
WHEREAS, pursuant to Article XIV of the Colorado Constitution, and Title 29, Article 1, Part 2, C.R.S., the City and the Authority are authorized to cooperate and contract with one another to provide any function, service or facility lawfully authorized to each governmental entity; and
WHEREAS, the City Council of the City (the “City Council”) has previously adopted the I-
70/Kipling Corridors Urban Renewal Plan, as amended (the “Urban Renewal Plan” or the “Plan”) for the area described therein (the “Urban Renewal Area”); and WHEREAS, U.S. Retail Partners, LLC, a Delaware limited liability company (the
“Developer”), has the desire to redevelop the vacant Walmart retail building consisting of
approximately 126,000 square feet within the Applewood Shopping Center, which is in the Urban Renewal Area; and
WHEREAS, the redeveloped property will be divided into five new spaces which will include Ulta, Hobby Lobby, Sierra Trading Post, and HomeGoods; and
WHEREAS, the Developer has submitted a proposal to the City and the Authority to redevelop the Property (the “Project”); and WHEREAS, the Project is being undertaken to facilitate the elimination and prevention of
blighted areas and to promote redevelopment, conservation and rehabilitation of the Urban Renewal
Area; and WHEREAS, pursuant to section 31-25-112, C.R.S., the City is specifically authorized to do all things necessary to aid and cooperate with the Authority in connection with the planning or
undertaking of any urban renewal plans, projects, programs, works, operations, or activities of the
Authority, to enter into agreements with the Authority respecting such actions to be taken by the City, and appropriating funds and making such expenditures of its funds to aid and cooperate with the Authority in undertaking the Project and carrying out the Plan; and
EXHIBIT A
5
WHEREAS, the Authority and the Developer expect to enter into a Redevelopment
Agreement (the “Redevelopment Agreement”) that sets forth the rights and responsibilities of each
party with respect to the financing and construction of the Project; and
WHEREAS, in order to finance certain eligible improvements for the Project, the Redevelopment Agreement provides that, upon compliance with certain conditions precedent, the Authority will provide reimbursement of $8,441,138 (the “Payment”) with such Payment to be
payable from the Pledged Property Tax Increment Revenue and Pledged Sales Tax Increment
Revenues as the same are defined in the Redevelopment Agreement to be generated from the redevelopment of the Project; and
WHEREAS, the maximum amount of sales tax pledged will be for a period of five years, ending December 31, 2025 or $2,000,874, whichever shall occur first; and
WHEREAS, in order to implement the provisions regarding the use of Pledged Sales Tax
Increment Revenues generated from the Project, this Cooperation Agreement is necessary to cause the City to deposit such Pledged Sales Tax Increment Revenues into the Special Fund of the Authority to reimburse the Developer for Eligible Costs of the Project as defined in the Redevelopment Agreement; and
WHEREAS, capitalized terms used herein and not otherwise defined shall have the
meanings set forth in the Redevelopment Agreement. NOW, THEREFORE, in consideration of the mutual promises set forth below, the City and the Authority agree as follows:
I. COOPERATION.
a. The City shall continue to make available such employees of the City as
may be necessary and appropriate to assist the Authority in carryi ng out any
authorized duty or activity of the Authority pursuant to the Urban Renewal
Law, the Plan, or any other lawfully authorized duty or activity of the Authority. b. The City agrees to assist the Authority by pursuing all lawful procedures and remedies available to it to collect and transfer to the Authority on a timely basis all Pledged Sales Tax Increment Revenues for deposit into the Project Account of the Special Fund until the total amount of Pledged Revenues as defined in the Redevelopment Agreement paid to Developer equals the Reimbursement Amount, or December 31, 2025, whichever first occurs. .
c. To the extent lawfully possible, the City will take no action that
would have the effect of reducing tax collections that constitute Pledged Sales
Tax Increment Revenues.
6
II. GENERAL PROVISIONS.
(a) Separate Entities. Nothing in this Agreement shall be interpreted in any manner as constituting the City or its officials, representatives, consultants, or employees as the agents of the Authority, nor as constituting the Authority or its officials, representatives, consultants, or employees as agents of the City. Each entity shall remain a separate legal entity
pursuant to applicable law. Neither party shall be deemed hereby to have assumed the debts,
obligations, or liabilities of the other. (b) Third Parties. Neither the City nor the Authority shall be obligated or liable under the terms of this Agreement to any person or entity not a party hereto, provided, however,
that the Lender is a third party beneficiary to the provisions hereof related to the collection and
remittance to the Authority of the Pledged Revenues. (c) Modifications. No modification or change of any provision in this Agreement shall be made, or construed to have been made, unless such modification is mutually
agreed to in writing by both parties and incorporated as a written amendment to this Agreement.
Memoranda of understanding and correspondence shall not be construed as amendments to the Agreement. (d) Entire Agreement. This Agreement shall represent the entire agreement
between the parties with respect to the subject matter hereof and shall supersede all prior
negotiations, representations, or agreements, either written or oral, between the parties relating to the subject matter of this Agreement and shall be independent of and have no effect upon any other contracts.
(e) Severability. If any provision of this Agreement is held to be invalid, illegal
or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. (f) Assignment. Except for the pledge under the Loan Documents, this
Agreement shall not be assigned, in whole or in part, by either party without the written consent of
the other. (g) Waiver. No waiver of a breach of any provision of this Agreement by either party shall constitute a waiver of any other breach or of such provision. Failure of either party to
enforce at any time, or from time to time, any provision of this Agreement shall not be construed as
a waiver thereof. The remedies reserved in this Agreement shall be cumulative and additional to any other remedies in law or in equity.
7
IN WITNESS WHEREOF, this Agreement is executed by the Parties as of ______ __,
2019
CITY OF WHEAT RIDGE, COLORADO
By: Bud Starker, Mayor (SEAL)
Attest: _______________________
Janelle Shaver, City Clerk
APPROVED AS TO FORM
_______________________ Gerald Dahl, City Attorney
WHEAT RIDGE URBAN RENEWAL AUTHORITY
_____________________________________
ATTEST: Tim Rogers, Chairperson
_____________________________
Steve Art, Executive Director
20657920 v2
ATTACHMENT 2
Economic & Planning Systems, Inc.
T h e E c o n o m i c s o f L a n d U s e
730 17th Street, Suite 630 n Denver, CO 80202
303.623.3557 n www.epsys.com
REQUEST FOR TAX
INCREMENT
FINANCING
Applewood Village
Redevelopment
ATTACHMENT 3
Economic & Planning Systems Applewood Village TIF Request |1
OVERVIEW
PURPOSE
Regency Centers has submitted a requestfor property tax and sales tax increment tohelp fund a portion of the redevelopment
of Applewood Village.
The URA approved the request for property
tax increment on March 19th, 2019.
The purpose of this presentation is toprovide the Wheat Ridge City Council with
an overview of the project and a summary
of the request for TIF.
PRESENTATION OVERVIEW
Project Description
I-70/Kipling UrbanRenewal Plan Overview
Eligible Cost Summary
“But for” Analysis
TIF Revenue SharingProposal
APPLEWOOD VILLAGE TIF REQUEST
REAL ESTATE ECONOMICS
PUBLIC FINANCE
LAND USE & TRANSPORTATION
ECONOMIC DEVELOPMENT & REVITALIZATION
FISCAL & ECONOMIC IMPACT ANALYSIS
HOUSING POLICY
PUBLIC PRIVATE PARTNERSHIPS (P3)
PARKS & OPEN SPACE ECONOMICS
EPS
Economic & Planning Systems Applewood Village TIF Request |3
PROJECT DESCRIPTION
Location
-38th Avenue and Youngfield Street
-Northern section of Applewood Village
Redevelopment Program
-Redevelopment of the vacant Walmart
-Program is anticipated to include roughly 126,000 sf of retail space
-Current tenant line-up includes Hobby Lobby,
HomeGoods, Sierra Trading Post, and Ulta
Project Value
-Total redevelopment costs are estimated at $20.3 million
APPLEWOOD VILLAGE REDEVELOPMENT
Economic & Planning Systems Applewood Village TIF Request |4
URBAN RENEWAL PLAN
PURPOSE
To reduce, eliminate and prevent the spread of blight within the Area
and to stimulate growth and investment within the Area boundaries.
FINANCING MECHANISMS
Approved to utilize sales tax and property tax increment for projects located in the plan area.
It is at the discretion of the Authority to determine the appropriate
projects, funding periods, and revenue sharing amounts.
The City must agree to any proposed sales tax sharing agreements between the URA and a developer
Approved December, 2015
25 Year TIF Clock (exp. 2040)
I-70/KIPLING URBAN RENEWAL AREA
Economic & Planning Systems Applewood Village TIF Request |5
I-70/KIPLING PLAN AREA AND PROJECT AREA
I-70/Kipling Urban
Renewal Area
Project Location
Economic & Planning Systems Applewood Village TIF Request |6
PROJECT EVALUATION CRITERIA
Three primary criteria for evaluating
project requests for TIF:
1.Eligible Costs
2.Developer Returns (“But-for” analysis)
3.Project Revenue Generation Potential
APPLEWOOD VILLAGE REDEVELOPMENT
Economic & Planning Systems Applewood Village TIF Request |7
Description Total % of Total
General Site Improvements $1,978,670 33.40%
Youngfield Streetscape & Signalized Intersection Improvements Budget $1,172,898 19.80%
Wal-Mart Building -Façade Upgrade (50%of total cost)$574,912 19.40%
Wet Utilities $624,952 10.50%
38th Avenue ROW Improvements $609,943 10.30%
Demolition of Blighted Buildings $295,000 5.00%
Environmental Remediation (asbestos abatement)$100,000 1.70%
TOTAL PUBLIC IMPROVEMENTS $5,356,375 100.0%
#1 -ELIGIBLE COSTS
APPLEWOOD REDEVELOPMENT
Economic & Planning Systems Applewood Village TIF Request |8
#2 -DEVELOPER RETURNS (“BUT FOR” ANALYSIS)
PURPOSE: To use market-based metrics of return to evaluate the need for public financing and identity the extent of gap closure
funding needed to make the project feasible.
METHODOLOGY
1.Summarize total project costs and annual net operating income (NOI)
2.Determine appropriate performance metric
–For the purposes of this analysis we are using return on cost
(Annual NOI / Total Cost)
–Typical developer target = 6.0% to 8.0%
–This project = 6.75%
3.Estimate amount of public subsidy necessary for developer to
realize an appropriate rate of return
APPLEWOOD VILLAGE
Economic & Planning Systems Applewood Village TIF Request |9
DEVELOPER RETURN
PROJECT COST
Includes site work, infrastructure, architecture &
engineering, vertical construction, and others.
ANNUAL REVENUE
Assumes a weighted average rental rate of $9.00/sf (NNN) and a stabilized vacancy rate of 7.0%
Rental rates reflects current LOIs that the developer has received from potential tenants
DEVELOPER RETURN GAP ESTIMATE
= $4.88 million
ELIGIBLE COST ESTIMATE
= $5.36 million (not a limiting factor)
WITH AND WITHOUT PUBLIC INVESTMENT
Description
Without Public
Investment
With Public
Investment
Return on Cost Target 6.75%6.75%
Project Cost
Total Project Cost -$20,277,155 -$20,277,155
URA/City Investment $0 $4,878,360
Net Cost -$15,398,795 -$15,398,795
Net Operating Income $1,039,419 $1,039,419
Calculated Return on Cost 5.13%6.75%
Project Gap -$4,878,360 $0
Source: Economic & Planning Systems
Gap
Closure Target
Economic & Planning Systems Applewood Village TIF Request |10
PUBLIC REVENUE SOURCES
Property Tax Increment
The URA has approved the use of property tax increment to fund eligible public
improvements.
The URA board has agreed to provide the Project with 100% of property tax increment through 2040. The present value of the future property tax increment revenues are estimated at $3.25 million. There is a remaining gap of $1.63 million.
Sales Tax Revenue
The Wheat Ridge City Council can approve the use of sales tax generated by the new
development to fund eligible improvements and close the remaining gap.
Potential sales tax sharing strategy:
–1.0% through 2025 (total City tax rate is 3.5%)
POTENTIAL FUNDING SOURCES
Economic & Planning Systems Applewood Village TIF Request |11
PUBLIC REVENUE SOURCES
TOTAL SALES TAX REVENUE
Average Annual Sales Tax Revenue = $1.35 million (based on 3.0% tax rate)
Total Revenue through 2040 = $31.0 million
This analysis is solely focused on the additional sales tax revenue generated by the redeveloped portion of the site
While it is outside the scope of this analysis, the redevelopment of this portion of the center is likely to have a positive impact on sales in other areas of the center
If sales increase by 5% elsewhere in the center, annual sales tax revenues could increase by roughly $160,000 per year or a total of $3.7 million through 2040.
$-
$200,000
$400,000
$600,000
$800,000
$1,000,000
$1,200,000
$1,400,000
$1,600,000
$1,800,000
$2,000,000
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Sales Tax
Revenue (3.0%)
Economic & Planning Systems Applewood Village TIF Request |12
PUBLIC REVENUE SOURCES
This analysis accounts for the nominal and real value of future public revenues.
The real value or present value of future revenues is used when determining the
total amount of public revenues required to close a project gap.
Future public revenues are discounted at a 5.0% rate to account for a number of factors that include the following:
–5.0% is a rough estimate for the cost of public debt (i.e. the interest rate the City or the URA would have to pay in order to secure financing)
–Recognizes the fact that the developer will need to fund improvements
upfront and finance these costs through a loan that is typically at an interest rate higher than 5.0%
–Accounts for a certain degree of risk associated with future public revenues (i.e. leasing challenges, economic downturn, etc.)
NOMINAL VS REAL VALUE OF FUTURE PUBLIC REVENUES
Economic & Planning Systems Applewood Village TIF Request |13
PUBLIC REVENUE SOURCES
SALES TAX SHARING
Project
Average Annual Shareback: $333,479
Total Shareback: $2.0 million
Present Value (@ 5.0%): $1.63 million
City of Wheat Ridge
Average Annual Revenue: $1.4 million
Total Revenue: $29.0 million
Present Value (@ 5.0%): $15.4 million
Percent of Total Revenue: 94%
$-
$250,000
$500,000
$750,000
$1,000,000
$1,250,000
$1,500,000
$1,750,000
$2,000,000
$2,250,000
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0
Sales Tax
Revenue
Project City of Wheat Ridge
Economic & Planning Systems Applewood Village TIF Request |14
PUBLIC REVENUE SOURCES
SUMMARY OF SALES TAX SHARING STRATEGY
Nominal Value Present Value
Total Gap N/A $4.88M
Public Revenues
Property Tax Increment $6.14M $3.25M
Sales Tax Increment $2.00M $1.63M
Total Revenue $8.14M $4.88M
2
ATTACHMENT 4
3
Summary of Public Benefit/ Eligible Costs at Applewood Village Shopping Center
38th Ave Safety/Accesss and Streetscape Code Compliance 609,943$
Water, Sewer & Stormwater Infrastructure to Code 624,952$
Environmental Remediation - asbestos abatement 100,000$
Site Paving, Landscape & Lighting Improvements to Code 1,978,670$
Façade Upgrades to Meet City Planning Standards 1,149,824$
Youngfield Safety/Accesss and Streetscape Code Compliance 1,172,898$
Demoliton of Blighted Buildings
3250 Youngfield (Old Chicago)/12625 W. 32nd Ave (gun shop)75,000$
12601 W. 32nd Ave 145,000$
3490 Youngfield (Holly West)75,000$
Total 5,931,287$
ITEM NO: DATE: May 13, 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 (04/22/2019) BIDS/MOTIONS ORDINANCES FOR 2ND READING (05/13/2019)
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
May 13, 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.
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 second reading, 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, 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 URBAN 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 exchange 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 8 to 0 on this 22nd day of April, 2019 (continued from April 8, 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 May 13, 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: April 25, 2019 Second Publication:
Wheat Ridge Transcript Effective Date:
ITEM NO: DATE: May 13, 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) PUBLIC HEARING ORDINANCES FOR 1ST READING (02/25/2019) BIDS/MOTIONS ORDINANCES FOR 2ND READING (05/13/2019)
RESOLUTIONS (hearing on 04/08/2019, approved for reconsideration 04/22/2019)
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.
On April 8, 2019, a public hearing was conducted for these related cases, and City Council voted
five (5) to three (3) to approve this Council Bill. However, a legal protest was received for this case; therefore an affirmative vote of six (6) councilmembers was required to approve. On April 22, the bill was approved for reconsideration. The public hearing will not be reopened, but a new vote will take place. If approved, the SDP and subdivision plat will also be voted upon.
Council Action Form – 4000-4066 Upham Street – Rezoning
May 13, 2019
Page 2 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.
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.”
Council Action Form – 4000-4066 Upham Street – Rezoning
May 13, 2019
Page 3 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 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
Council Action Form – 4000-4066 Upham Street – Rezoning
May 13, 2019
Page 4 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.
• 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.
Council Action Form – 4000-4066 Upham Street – Rezoning
May 13, 2019
Page 5
• 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
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—were 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 was 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 took
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:
Council Action Form – 4000-4066 Upham Street – Rezoning
May 13, 2019
Page 6 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. 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 DOZEMAN
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. (Failed 5-3); reconsidered at Council Meeting, April 22, 2019 passed 6-2 to schedule Council
Action for May 13, 2019 at 7:00 p.m. , in the Council Chambers, 7500 West 29th
Avenue, Wheat Ridge, Colorado, and that it takes effect 15 days after final publication. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of _____ to _____, this _____ 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; April 23, 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 2Case 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) toPlanned 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
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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
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OWNER'S CERTIFICATECOUNTY CLERK AND RECORDERS CERTIFICATESURVEYOR'S CERTIFICATEPLANNING COMMISSION CERTIFICATION CITY CERTIFICATION
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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
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P
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JESSE DONOVAN, P.E. (720-504-8629)
WHEAT RIDGE, CO 80033
4000, 4042, 4062, 4066 UPHAM STREET
RIDGETOP VILLAGE
1
SPECIFIC DEVELOPMENT PLAN
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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
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D
JESSE DONOVAN, P.E. (720-504-8629)
WHEAT RIDGE, CO 80033
4000, 4042, 4062, 4066 UPHAM STREET
RIDGETOP VILLAGE
2
SPECIFIC DEVELOPMENT PLAN
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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
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8
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1
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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
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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
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1
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ARCHITECTURAL
ELEVATIONS
FRONT
REAR
SIDE 'A'SIDE 'B'
1
2 3
7
8 9
5
6
4
ELEVATION - BUILDINGS 2 & 8, FRONT
SCALE: 1/8" = 1" - 0"
ELEVATION - BUILDINGS 2 & 8, SIDE 'A'
SCALE: 1/8" = 1" - 0"
ELEVATION - BUILDINGS 2 & 8, REAR
SCALE: 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
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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
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/
2
0
1
9
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A
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ARCHITECTURAL
ELEVATIONS
FRONT
REAR
SIDE 'A'SIDE 'B'
1
2 3
7
8 9
5
6
4
ELEVATION - BUILDINGS 3 & 9, FRONT
SCALE: 1/8" = 1" - 0"
ELEVATION - BUILDINGS 3 & 9, REAR
SCALE: 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, REAR
SCALE: 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, FRONT
SCALE: 1/8" = 1" - 0"
ELEVATION - BUILDINGS 5 & 6, SIDE 'A'
SCALE: 1/8" = 1" - 0"
ELEVATION - BUILDINGS 5 & 6, REAR
SCALE: 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 UPHAM
NTS
PERSPECTIVE - VIEW EAST FROM UPHAM
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
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
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3R
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18035
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JG
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(
3
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1
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2
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6
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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
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-
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
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LANDSCAPE
PLAN
13
- FOR
R
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V
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W
-
- NO
T
F
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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
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09
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1
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08
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/
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1
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0
18035
08/20/2018
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LANDSCAPE
DETAILS
14
- FOR
R
E
V
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W
-
- NOT
F
O
R
C
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U
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-
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
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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
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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 UPON
ANY 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
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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. BECKSTROM
COLORADO 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 EQUALS
39.37 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 THE
NAD83/92 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 SHEA
TITLE: 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 SHEET
SHEET 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-18-17
WZ-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
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E
S
94
0
S
Q
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A
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F
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T
0.
0
2
1
6
A
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1,
1
5
0
S
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F
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T
0.
0
2
6
4
A
C
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S
1,
1
6
5
S
Q
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A
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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 FEET
0.0240 ACRES
940 SQUARE FEET
0.0216 ACRES
940 SQUARE FEET
0.0216 ACRES
1,048 SQUARE FEET
0.0241 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 CORNER
OF 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
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H
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4
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3
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6
9
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6
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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
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E
1
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4
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2
3
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T
.
3
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6
9
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.
,
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6
T
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P
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M
.
N: 707021.66
E: 119755.20
WHEAT RIDGE POINT #14709
LAT: 39°46'35.8539" N
LONG: 105°04'53.1524" W
STATE PLANE COORDINATES
N: 1708037.64; E: 3117648.92
WHEAT RIDGE CITY DATUM
N: 708468.52; E: 118435.38
WHEAT RIDGE POINT #15709
LAT: 39°46'09.7205" N
LONG: 105°04'53.2076" W
STATE PLANE COORDINATES
N: 1705393.28; E: 3117656.79
WHEAT RIDGE CITY DATUM
N: 705823.48; E: 118443.25
WHEAT RIDGE POINT #15809
LAT: 39°46'09.7639" N
LONG: 105°04'19.4871" W
STATE PLANE COORDINATES
N: 1705409.82; E: 31120289.73
WHEAT RIDGE CITY DATUM
N: 705840.03; E: 121076.85
WHEAT RIDGE POINT #14809
LAT: 39°46'35.8741" N
LONG: 105°04'19.5029" W
STATE PLANE COORDINATES
N: 1708051.74; E: 3120276.06
WHEAT RIDGE CITY DATUM
N: 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
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O
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4
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1
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(
B
A
S
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S
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B
E
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R
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G
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)
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
'
N
5
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 COORDINATES
N: 1706723.12; E: 3118967.86
WHEAT RIDGE CITY DATUM
N: 707153.66; E: 119754.67
(SET 3/4"x30" REBAR & 3 1/4"
ALUMINUM CAP L.S. NO. 33202)
ELEVATION:
E:119452.82
N:707019.90
N:706757.05
E:119756.28
E:119453.83
N:706755.27
EXISTING PARCEL LINE
HEREBY REMOVED BY THIS PLAT
EXISTING PARCEL LINE
HEREBY 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" ALUMINUM
CAP L.S. NO. 33202
UNLESS 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 LAYOUT
SHEET 2 OF 3
TIE LINE
EXISTING PARCEL LINE HEREBY REMOVED
BY THIS PLAT
CASE HISTORY
WZ-18-17
WZ-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
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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" ALUMINUM
CAP L.S. NO. 33202
UNLESS 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 LAYOUT
SHEET 3 OF 3
EXISTING SANITARY SEWER EASEMENT LINE
CASE HISTORY
WZ-18-17
WZ-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 DISTANCE
L1 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 EASEMENT
LINE TABLE
LINE BEARING DISTANCE
L16 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 EASEMENT
LINE TABLE
LENGTH
CURVE DATA TABLE
DELTACOURSE
C1
RADIUS Chd BEARING Chd LENGTH
C2
C3
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DENVER WATER EASEMENT
2ND REVISION 12/07/18
DETAIL "A"
DRAINAGE EASEMENT
SCALE:1"=20'
DETAIL "B"
DRAINAGE EASEMENT
SCALE: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: May 13, 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.
On April 8, 2019, a public hearing was conducted for this request, but there was no vote on this resolution after the rezoning (Council Bill 02-2019) failed to be approved. If the zoning is approved upon reconsideration, a vote will be required for this SDP.
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.
Council Action Form – 4000-4066 Upham Street – SDP
May 13, 2019
Page 2 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.
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
Council Action Form – 4000-4066 Upham Street – SDP
May 13, 2019
Page 3 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.
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
Council Action Form – 4000-4066 Upham Street – SDP
May 13, 2019
Page 4 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.
• 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
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 13th day of May, 2019. ______________________________________
Bud Starker, Mayor
ATTEST: _______________________________________
Janelle Shaver, City Clerk
ATTACHMENT 1
ITEM NO: DATE: May 13, 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. On April 8, 2019, a public hearing was conducted for this request, but there was no vote on this
resolution after the rezoning (Council Bill 02-2019) failed to be approved. If the zoning is approved upon reconsideration, a vote will be required for this 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 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.
Council Action Form – 4000-4066 Upham Street – Subdivision
May 13, 2019
Page 2 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. 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.
Council Action Form – 4000-4066 Upham Street – Subdivision
May 13, 2019
Page 3 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.
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:
Council Action Form – 4000-4066 Upham Street – Subdivision
May 13, 2019
Page 4 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.
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 13th day of May, 2019. _____________________________
Bud Starker, Mayor
ATTEST: _________________________
Janelle Shaver, City Clerk
ITEM NO: DATE: May 13, 2019 REQUEST FOR CITY COUNCIL ACTION
TITLE: COUNCIL BILL NO. 06-2019 – AN ORDINANCE APPROVING THE REZONING OF PROPERTY LOCATED AT 3300 AMES
STREET FROM RESIDENTIAL-THREE (R-3) TO PLANNED
RESIDENTIAL DEVELOPMENT (PRD) WITH AN OUTLINE
DEVELOPMENT PLAN (ODP) (CASE NO. WZ-18-25 /
FEASTER) Note: Staff will present both related cases (Items 5 and 6) at one time and requests that both items
be introduced at one time and that both public hearings be opened concurrently. Two separate
motions will be required. PUBLIC HEARING ORDINANCES FOR 1ST READING (04/22/2019)
BIDS/MOTIONS ORDINANCES FOR 2ND READING (05/13/2019) 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 (ODP) for property located at 3300 Ames Street (northeast corner of W. 33rd Avenue and Ames Street). The purpose of this request is to prepare the property for the development of two duplexes.
PRIOR ACTION:
Planning Commission heard the request at a public hearing on April 4, 2019, and recommended approval of 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 – Rezoning Property at 3300 Ames Street from R-3 to PRD
May 13, 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. The minimum lot area shall be revised to 8,425 square feet. The minor correction has been addressed, so the first condition is not included in City Council’s recommended motion. The staff report and meeting minutes from the April 4 Planning
Commission meeting are enclosed.
FINANCIAL IMPACT: Fees in the amount of $1,079 were collected for the review and processing of Case No. WZ-18-25. If approved, parkland dedication fees in lieu will be paid through the subdivision review process.
Building permit and plan review fees, along with building use tax will be paid as part of the
issuance of building permits. BACKGROUND: The subject property is located at the northeast corner of W. 33rd Avenue and Ames Street at 3300
Ames Street. The property is approximately four-tenths of an acre in size. Currently the property is
vacant. Ownership of the subject property has transferred several times in recent years. The site consists of four parcels: two developable lots and two tracts from the vacated alley previously located between Ames Street and Sheridan Boulevard.
Surrounding Land Uses
The property is currently zoned Residential-Three (R-3). The properties to the north and south are also zoned R-3; the lot to the north contains a three-story apartment building. Properties across Ames Street to the west, and properties further to the south, are zoned Residential-One C (R-1C) which permits small-lot single-family homes. There is a senior living facility to the east of the
property which is zoned Neighborhood Commercial (NC). There is a mix of single-family and
multi-family uses in the immediate surrounding area. Current and Proposed Zoning The property is currently zoned Residential-Three (R-3), which permits medium-density
residential development, ranging from single-family to multi-unit developments up to 12 units per
acre. If the subject property were consolidated into a single parcel, the current zoning would allow up to five (5) townhome units. The applicant wants to develop two duplexes, so a total of four (4) units; however, that cannot be accommodated in R-3 because of minimum lot size requirements.
The applicant is therefore requesting the property be rezoned to Planned Residential Development
to facilitate the development of two duplexes. The request is essentially a downzone. They have proposed to limit the allowed uses to single-family and two-family uses. The proposed density is
Council Action Form – Rezoning Property at 3300 Ames Street from R-3 to PRD
May 13, 2019
Page 3 9.29 units per acre, which is a lower allowance than the 12 units per acre allowed under the current
R-3 zoning. The PRD also establishes a lower maximum building height, and a smaller lot size
and width than R-3. Outline Development Plan The proposed Planned Residential Development (PRD) zoning and Outline Development Plan are
intended to accommodate two duplexes for a total of four units. Each of the units will have a
detached, rear-loaded two-car garage. Access will be provided from a shared driveway off of W. 33rd Avenue. In general, the development standards follow the R-3 standards with some modifications to accommodate smaller lot development and in response to the surrounding multi-family, institutional, and small lot single-family uses. In the spirit of providing high quality
development through a PRD, the project proposes reduced building height, increased open space,
and architectural standards. The proposed development standards are analyzed in more detail on pages 3 and 4 of the Planning Commission staff report. The request complies with the zone change criteria in Section 26-303 of
the City 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 a compatible land use and density with the surrounding land uses, and the
investment contributes to a variety of housing types in the area. The zoning and new housing stock will likely add value to the area. The site design, setbacks, reduced building heights, and enhanced open space will add visual interest. The proposed zoning complies with safety and access requirements from the fire district. It arguably provides a more
compatible land use for the area than alternatives allowed under the current R-3 zoning,
such as a five-unit townhome development.
• The development proposed on the subject property is not feasible under any other zone district. – The R-3 requirement for 9,000 square feet of lot area and 75 feet of lot
width for duplexes would not permit two duplexes to be built under the current zoning. However, because the site is larger than 12,500 square feet and greater than 100 feet wide, it is eligible for up to five attached townhome units. Developing two duplexes under the R-3 standards would require lot width variances, plus lot size variances since the required water quality tract is subtracted from the duplex lot areas. The PRD zoning is necessary to
avoid an unreasonable number of variances. The density proposed is one unit less than what would be allowed under the R-3 zoning, but the R-3 zoning does not accommodate the smaller lot and smaller scale construction
for duplexes that is proposed. Given the proposed use, the surrounding conditions, and the
requirement for a water quality tract, the PRD zoning is the most appropriate zone change option. It will also allow the applicant to commit to enhanced architecture and landscaping not normally required in other zone districts, including R-3.
Council Action Form – Rezoning Property at 3300 Ames Street from R-3 to PRD
May 13, 2019
Page 4
• 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.” With single family homes, mid-century apartments, and age-restricted facilities, the area already has a diversity of housing options. The provision of a duplex introduces a complementary option that reflects this key value of the comprehensive plan.
The site is located in the “neighborhood buffer” designation area, which encompasses the east side of Ames Street parallel to Sheridan Boulevard. The neighborhood buffer area encourages improvement of underutilized properties, including a mix of residential uses. The proposed zone change is consistent with the neighborhood buffer designation, and the
duplex project supports the City’s stated goals of increasing options for homeownership
and attracting a range of household types. It will act as a transition from the higher-intensity Sheridan Boulevard to the lower-intensity single-family uses to the east and south. It will also facilitate development of a long-vacant lot.
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. In this case, the applicant is requesting concurrent review of the ODP and SDP.
Both applications will be presented together at the public hearing. The SDP is described in the following Council Action Forms that accompany Resolution No. 30-2019. RECOMMENDATIONS: The application in this case is for the rezoning of property. This action is quasi-judicial,
and as a result, the applicant is entitled to a public hearing on the application.
Council Action Form – Rezoning Property at 3300 Ames Street from R-3 to PRD
May 13, 2019
Page 5 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 26-603 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. 06-2019 an ordinance approving the rezoning of property
located at 3300 Ames 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 recommendations of approval. 3. The proposed rezoning has been found to comply with the “criteria for review” in Section 26-603 of the Code of Laws.
Or, “I move to deny Council Bill No. 06-2019, an ordinance approving the rezoning of property located at 3300 Ames 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: Scott Cutler, Planner II
Kenneth Johnstone, Community Development Director Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No. 06-2019
2. PC Staff Report 3. PC Minutes
CITY OF WHEAT RIDGE INTRODUCED BY COUNCIL MEMBER KUETER
COUNCIL BILL NO. 06 ORDINANCE NO. _________ Series of 2019 TITLE: AN ORDINANCE APPROVING THE REZONING OF
PROPERTY LOCATED AT 3300 AMES STREET FROM RESIDENTIAL-THREE (R-3) TO PLANNED RESIDENTIAL DEVELOPMENT (PRD) WITH AN OUTLINE DEVELOPMENT PLAN (ODP) (CASE NO. WZ-18-25 / FEASTER)
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, Ames Partners LLC submitted a land use application for approval of a zone change to the Planned Residential Development (PRD) District for property at
3300 Ames Street; and,
WHEREAS, the City of Wheat Ridge has adopted a Comprehensive Plan, Envision Wheat Ridge, which calls for vibrant neighborhoods and diversification of housing stock and household types; and,
WHEREAS, the proposed duplex development is more compatible with the area than alternatives otherwise allowed under the current zoning; and,
WHEREAS, the zone change criteria support the request; and,
WHEREAS, the City of Wheat Ridge Planning Commission held a public hearing on April 4, 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 Ames Partners, LLC for approval of a zone change ordinance from Residential-Three (R-3) to Planned Residential
Development (PRD) for property located at 3300 Ames 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:
LOTS 10 AND 11 TOGETHER WITH THE 1/2 OF THE VACATED ALLEY
ADJOINING SAID LOTS, A RESUBDIVISION OF BLOCK 5 OF COLUMBIA HEIGHTS, COUNTY OF JEFFERSON, STATE OF COLORADO. THE EAST 1/2 OF THE VACATED ALLEY ADJOINING LOTS 12 AND 13, A
SUBDIVISION OF BLOCK 5 COLUMBIA HEIGHTS, AS VACATED BY
ATTACHMENT 1
INSTRUMENT RECORDED JULY 1ST 1957 IN BOOK 1068 PAGE 60, COUNTY OF JEFFERSON, STATE OF COLORADO.
Section 2. Vested Property Rights. Approval of this zone change does not create a vested property right. Vested property rights may only arise and accrue pursuant to the provisions of Section 26-121 of the Code of Laws of the City of Wheat Ridge.
Section 3. Safety Clause. The City of Wheat Ridge hereby finds, determines, and declares that this ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this ordinance is necessary for the preservation of
health and safety and for the protection of public convenience and welfare. The
City Council further determines that the ordinance bears a rational relation to the proper legislative object sought to be attained. Section 4. Severability; Conflicting Ordinance Repealed. If any section,
subsection or clause of the ordinance shall be deemed to be unconstitutional or
otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed.
Section 5. Effective Date. This Ordinance shall take effect 15 days after final
publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on this 22nd day of April 2019, ordered it published with Public Hearing and consideration
on final passage set for Monday, May 13, 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.
______________________________________
William “Bud” Starker, Mayor
ATTEST:
_______________________________________ Janelle Shaver, City Clerk
Approved as to Form
_______________________________________ Gerald Dahl, City Attorney
1st publication: April 25, 2019 2nd publication: Wheat Ridge Transcript: Effective Date:
Planning Commission
1
Case Nos. WZ-18-25 and WZ-18-26 / Ames Partners Duplexes
CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT
TO: Planning Commission MEETING DATE: April 4, 2019
CASE MANAGER: Scott Cutler
CASE NO. & NAME: WZ-18-25 & WZ-18-26 / Ames Partners PRD
ACTION REQUESTED: Approval of a zone change from Residential-Three (R-3) to Planned Residential Development with approval of an Outline Development Plan (ODP) and Specific Development Plan (SDP) for the development of two duplexes.
LOCATION OF REQUEST: 3330 Ames (Northeast corner of W. 33rd Avenue and Ames Street)
APPLICANT/OWNER (S): Ames Partners LLC (Jay Feaster)
APPROXIMATE AREA: 18,762 square feet (0.43 acres)
PRESENT ZONING: Residential-Three (R-3)
COMPREHENSIVE PLAN: Neighborhood Buffer Area
ENTER INTO RECORD:
(X)CASE FILE & PACKET MATERIALS (X)COMPREHENSIVE PLAN(X) ZONING ORDINANCE (X)DIGITAL PRESENTATION
Location Map
Site
ATTACHMENT 2
Planning Commission 2Case Nos. WZ-18-25 and WZ-18-26 / Ames Partners Duplexes
JURISDICTION:
All notification and posting requirements have been met; therefore, there is jurisdiction to hear this case.
I.REQUEST
Case No. WZ-18-25 is an application for approval of a zone change with an Outline Development Plan (ODP) and Specific Development Plan (SDP) for property located at the northeast corner of W. 33rd
Avenue and Ames Street. The purpose of the request is to change the zoning from Residential-Three
(R-3) to Planned Residential Development (PRD) to allow for the construction of two duplexes.
Rezoning to a planned development in the City of Wheat Ridge entails approval of two documents. The first is the Outline Development Plan (ODP). The approval of the ODP 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. Case No. WZ-18-26 is the application for approval of the SDP.
Section 26-302 of the Municipal Code allows for concurrent or sequential applications for the ODP and SDP. In this case, the applicant is requesting concurrent review of the ODP and SDP. Because of this, the City Council is the final approving body for both documents.
In addition, a minor subdivision plat is being processed for the site, Case No. MS-18-07, which is
required to be reviewed by Planning Commission. The plat is currently under review by staff and will track behind the ODP/SDP in public hearings; Planning Commission will review the plat at a later hearing after City Council has reviewed the zone change request.
II.EXISTING CONDITIONS/PROPERTY HISTORY
The subject property is located in southeast Wheat Ridge, on the northeast corner of W. 33rd Avenue at Ames Street. Sheridan Boulevard is located half a block to the east. The site is vacant and was previously owned by the apartment building to the north (Exhibit 1, Aerial). Ownership of the subject
property has transferred several times in recent years. The site consists of four lots: two developable
parcels and two tracts for the vacated alley between Ames Street and Sheridan Boulevard.
The property is zoned Residential-Three (R-3), which permits medium to high-density residential development, ranging from single-family to multi-unit developments (Exhibit 2, Zoning Map). Lots to
the north and south (across W. 33rd Avenue) are also zoned R-3. Much of the surrounding
neighborhood, including the lots directly across Ames Street, are zoned Residential-One C (R-1C), which permits small-lot single-family homes. The senior living facility to the east of the property is zoned Neighborhood Commercial (NC).
As stated above, the subject property is vacant. The lot was platted as part of a Resubdivision of Block
5 Columbia Heights in 1945. Both sides of the alleyway were vacated over time, including the east side of the alley in 1957. No alley exists currently, though the lots remain.
Planning Commission 3 Case Nos. WZ-18-25 and WZ-18-26 / Ames Partners Duplexes
Under the current zoning, the site can be developed with up to five residential units; the code allows one unit for every 3,630 square feet of land area. In recent years, staff has reviewed applications from prior property owners that included townhome development. The current property owner is proposing four (4) units as part of two (2) duplexes. Because the duplexes would be detached and require separate
lots, each duplex lot would need to meet the minimum R-3 size and width standards. These standards
are presented in the table below:
R-3 Development Standards Minimum lot area Minimum lot width
Single-family 7,500 sf 60’ *
Duplex 9,000 sf 75’ *
Multifamily (3+ units) 12,500 sf 100’*
* Corner lots must be at least 80 feet wide on both street frontages
The subject property has 124.25 feet of frontage along Ames Street and 151 feet of frontage along W. 33rd Avenue for a total area of 18,762 square feet. The overall area would allow for two duplex lots and the proposed four units is within R-3 density standards. However, the dimensions of the property cannot meet minimum lot width requirements for two duplex lots and a simple replat would result in
several variances. For these reasons, the applicant has proposed a rezoning to Planned Residential Development. III. OUTLINE DEVELOPMENT PLAN
Attached is a copy of the proposed Outline Development Plan for the site, which contains two sheets (Exhibit 3, Outline Development Plan). The first page is a cover page with certification and signature blocks for the property owners, Planning Commission, City Council, and the Mayor. There is also a character of development statement, list of permitted uses, and other standard notes. The second page includes the conceptual layout of the property, including driveways and building orientation.
Allowable Uses Uses permitted per the ODP are duplexes, single family homes, and accessory uses (home occupations and household pets). Detached accessory structures such as sheds and gazebos are also permitted.
Development Standards In general, the development standards follow the R-3 standards with some modifications to accommodate smaller lot development and in response to the surrounding multi-family, institutional, and small lot single family uses. In the spirit of providing a high quality development through a PRD,
the project proposes reduced building height, increased open space, and architectural standards.
• Size, Setback, Lot Coverage – The ODP calls for the following development standards which vary slightly from R-3 as noted in the table:
Standard Proposed Compared to R-3
Minimum Lot Size 8,450 square feet 550 sf less
Minimum Lot Width 53 feet 22-27 feet less
Maximum Building Coverage 40 % Same
Front setback (Ames Street) 25 feet Same
Side setbacks 8 feet 2 feet less
Rear setback 5 feet 5 feet less
Planning Commission 4 Case Nos. WZ-18-25 and WZ-18-26 / Ames Partners Duplexes
• Density – The proposed density is 9.29 units per acre, which is less than the current R-3 zoning which allows up to 12 units per acre, and far less than the maximum for Planned
Developments, which is 21 units per acre. The applicant would be allowed up to 5 units under
the R-3 zoning, but has proposed 4 units in the ODP/SDP. Duplexes are an appropriate land use situated between multi-family, institutional, and small lot single-family uses.
• Parking – The ODP states all parking shall be in conformance with Section 26-501 of the City
Code. For two-family residential (duplexes), 2 off-street spaces per dwelling unit must be provided. Both Ames Street and W. 33rd Avenue also allow public street parking. The applicant has proposed on-site parking be in the form of detached garages.
• Building height – Maximum building height is limited to 29 feet, which is lower than the City’s standard 35-foot height limit. This effectively limits the structure to a two-story home. Detached garages are limited to 15 feet in height, which is consistent with other residential zone districts.
• Architecture – The ODP proposes a traditional architectural design and states that the duplexes will be two stories, with vertical and horizontal wood siding, asphalt shingle pitched roofs, and covered front porches. The City does not have architectural standards for single-family homes or duplexes.
• Access – Vehicular access is to be gained from a single access point from W. 33rd Avenue into a private rear driveway, where the garages can be accessed. The fronts of the duplexes will face Ames Street.
• Open space – All landscaping and open space requirements shall conform with Section 26-502 of the Municipal Code. However, the applicant has proposed an increased minimum landscaping requirement of 40%, up from the Code-required 25%.
• Code compliance – In all other areas, the project is proposed to comply with the zoning code including lighting, fencing, streetscape design, and setback encroachments. 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. The proposed development is a compatible land use and density with the surrounding land uses, and the investment contributes to a variety of housing types in the area. The zoning and new
housing stock will likely add value to the area. The site design, setbacks, reduced building heights,
and enhanced open space will add visual interest.
Planning Commission 5 Case Nos. WZ-18-25 and WZ-18-26 / Ames Partners Duplexes
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. The proposed duplex zoning arguably provides a more compatible land use
for the area than alternatives allowed under the current R-3, such as a five-unit townhome
development. 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. The current R-3 zoning would allow up to 5 attached townhome units on the property, and because the W. 33rd Avenue frontage is wider, they would likely face that direction. Multifamily in R-3 is
allowed on sites larger than 12,500 square feet and 100 feet wide, which the property exceeds, and
1 unit per 3,630 square feet of land area is allowed. However, the applicant desires a duplex construction type to reduce the impact and scale of the development (Exhibit 8, Applicant Letter). In R-3, duplexes require 9,000 square feet of lot area each, with 75 feet of lot width. Although
overall site area is sufficient for two duplexes at 18,762 square feet, the site is too narrow to
facilitate two duplex lots, at 148 feet along W. 33rd Avenue and 124.25 feet along Ames Street. The required water quality area also requires the reduction of overall lot sizes since water quality areas are required to be in separate unbuildable tracts. Developing two duplexes under the R-3 standards would require lot width variances, plus lot size variances since the water quality tract is subtracted
from the duplex lot areas. Therefore, the PRD zoning is necessary to avoid an unreasonable
number of variances. The density proposed is one unit less than what would be allowed under the R-3 zoning, but the R-3 zoning does not accommodate the smaller lot and smaller scale construction that is proposed.
Given the proposed use, the surrounding conditions, the requirement for a water quality tract, and
the surrounding conditions, the PRD zoning is the most appropriate zone change option. It will also allow the applicant to commit to enhanced architecture and landscaping not normally required in other zone districts, including R-3.
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 development of the site will require upgrades to the sidewalks and curb ramp along the street frontages of the site. 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-18-25 and WZ-18-26 / Ames Partners Duplexes
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, mid-century apartments, and age-restricted facilities; the area already has
a diversity of housing options. The provision of a duplex introduces a complementary option that reflects this 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
4, Comprehensive Plan). The “neighborhood buffer” designation encompasses the east side of Ames Street between W. 26th Avenue and W. 41st Avenue, parallel to Sheridan Boulevard. The west side of Ames is designated “neighborhood.” The neighborhood buffer area encourages improvement of underutilized properties, including a mix of residential uses. The proposed
zone change is consistent with the neighborhood buffer designation, and the duplex project supports the City’s stated goals of increasing options for homeownership and attracting a range of household types. It will also act as a transition from the higher-intensity Sheridan Boulevard to the lower-intensity single-family uses to the east and south. Lastly, it will facilitate development of a long-vacant lot.
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 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.
Planning Commission 7 Case Nos. WZ-18-25 and WZ-18-26 / Ames Partners Duplexes
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
Attached is a copy of the proposed Specific Development Plan (SDP), which includes nine sheets regarding site design, building design, and landscaping (Exhibit 5, Specific Development Plan). In addition to the standard certification and signature blocks, the site data table confirms the SDP
complies with the development standards provided by the ODP. Key components of the site design are
described below. Site Design The duplex buildings are proposed to face Ames Street, which matches the existing conditions in the
neighborhood. Detached garages will be provided for each unit, with a private walkway from the
duplex unit through a private yard to the garage. The garages will be accessed from a private driveway on the east side of the site, off of W. 33rd Avenue. Yards will be fenced, providing privacy for the residents and also for the neighboring properties. New sidewalks will be constructed on the property frontage, with a new curb ramp at the corner of W. 33rd Avenue and Ames Street to meet ADA
requirements. The setbacks on both streets are context appropriate, attempting to match the
surrounding conditions. Architecture The City does not have architectural requirements for single or two-family buildings, which includes
duplexes. However, the applicant has proposed enhanced architecture, with vertical board and batten
siding, grey asphalt shingles, and variations in siding patterns on the side façades. Each unit will have a covered porch. The detached garages will match the duplexes in color and materials. The duplexes will be two stories with pitched roofs in a more traditional or farmhouse style.
Landscaping
The ODP requires each lot to be at least 40% landscaped. The SDP proposes each lot to be 41.48% landscaped, with additional landscaping to be provided in the water quality area at the north of the site. A total of 4 street trees are provided, plus 17 shrubs, and 46 ornamental grasses. Each duplex will have a landscaped front yard and private rear yard with a concrete patio and sod yard.
Drainage Drainage is accommodated in a water quality area on its own tract at the north of the site, between the northern duplex and the neighboring property. This area will contain irrigated turf, sod, and rock mulch, as well as plantings on the east side. The area is sized sufficiently for the added impervious
surface on the site, and acts as an additional buffer between the proposed development and the
apartment building to the north. Based on the total area of impervious surface being less than 10,000 square feet, full-flood attenuation is not required. VI. SPECIFIC DEVELOPMENT PLAN CRITERIA
Criteria for the review of SDP documents is provided in Section 26-305.D. Staff has provided analysis of these criteria below. Planning Commission shall base its decision in consideration of the extent to which the criteria have been met.
Planning Commission 8 Case Nos. WZ-18-25 and WZ-18-26 / Ames Partners Duplexes
1. The proposed specific development plan is consistent with the purpose of a planned development as stated in section 26-301 of the zoning and development code. 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 unique duplexes with an emphasis on enhanced landscaping and architecture. Staff has concluded that the SDP is consistent with these goals by adding to the diversity of
housing types in Wheat Ridge, while maintaining the overall character of the neighborhood
through smaller building footprints and two-story buildings. Staff concludes that this criterion has been met.
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 that 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 proposed uses in the SDP are identical to those of the outline development plan. Staff concludes that this criterion has been met.
4. The site is appropriately designed and it 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, fencing, and building design.
Staff concludes that 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 that 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 proposed SDP is in conformance with the design standards established in the ODP.
Planning Commission 9 Case Nos. WZ-18-25 and WZ-18-26 / Ames Partners Duplexes
Because both W. 33rd Avenue and Ames Street are classified as local streets, the Streetscape
Design Manual does not apply. However, the sidewalks and curb ramp are being upgraded to the City’s standard for local streets, and landscaping is being provided along the street frontage in excess of zoning code requirements.
Staff concludes that this criterion has been met.
Staff concludes that the criteria used to evaluate the SDP support the request. VII. 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 November 8, 2018. Two (2) members of the public attended the meeting in addition to the applicant and staff. A full summary of the meeting is attached in Exhibit 7, Neighborhood Meeting Notes.
Public noticing is required prior to public hearings. As of the date of this publication, staff received
one (1) phone call about the application, with a message of support. If any comments are provided prior to the Planning Commission public hearing on April 4, they will be entered into the record and distributed to Commissioners at the public hearing. VIII. AGENCY REFERRAL
All affected service agencies were contacted for comment on the zone change request and regarding the ability to serve the property. Specific referral responses follow:
Wheat Ridge Public Works: No concerns with the ODP/SDP. The subdivision plat and civil
construction plans are under review and must be approved prior to application for building permit. West Metro Fire Protection District: No comments or concerns; access is sufficient.
Wheat Ridge Water District: No comments, can serve. Wheat Ridge Sanitation District: No objections, can serve.
Xcel Energy: No objections. Utility coordination is ongoing.
Century Link: No objections. IX. STAFF CONCLUSIONS AND RECOMMENDATION
Staff has concluded that the proposed rezoning and Outline Development Plan are consistent with the zone change criteria and the Specific Development Plan is consistent with the planned development regulations, with the goals and policies of the City’s guiding documents, and with the ODP. Because
Planning Commission 10 Case Nos. WZ-18-25 and WZ-18-26 / Ames Partners Duplexes
the requirements for an ODP/SDP have been met and the review criteria support the ODP/SDP, a recommendation for approval is given. X. SUGGESTED MOTIONS – ZONE CHANGE (ODP)
Option A: “I move to recommend APPROVAL of Case No. WZ-18-25, a request for approval of a zone change from Residential-Three (R-3) to Planned Residential Development with an Outline Development Plan (ODP) for property located at the northeast corner of W. 33rd Avenue and Ames 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-18-25, a request for approval of a zone change from
Residential-Three (R-3) to Planned Residential Development with an Outline Development Plan (ODP) for property located at the northeast corner of W. 33rd Avenue and Ames Street, for the following reasons: 1.
2.
3. …” XI. SUGGESTED MOTIONS – SPECIFIC DEVELOPMENT PLAN
Option A: “I move to recommend APPROVAL of Case No. WS-18-26, a request for approval of a Specific
Development Plan on property located at the northeast corner of W. 33rd Avenue and Ames 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 City Code.
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 developer’s 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 codes and policies. (Option B on next page)
Planning Commission 11 Case Nos. WZ-18-25 and WZ-18-26 / Ames Partners Duplexes
Option B: “I move to recommend DENIAL of Case No. WS-18-26, a request for approval of a Specific Development Plan on property located at the northeast corner of W. 33rd Avenue and Ames Street, for the following reasons:
1. 2. 3. …”
Planning Commission 12 Case Nos. WZ-18-25 and WZ-18-26 / Ames Partners Duplexes
EXHIBIT 1: AERIAL
Planning Commission 13 Case Nos. WZ-18-25 and WZ-18-26 / Ames Partners Duplexes
EXHIBIT 2: ZONING MAP
Planning Commission 14 Case Nos. WZ-18-25 and WZ-18-26 / Ames Partners Duplexes
Attached as an 11x17 document on the following page.
EXHIBIT 3: OUTLINE DEVELOPMENT PLAN
SURVEYOR'S CERTIFICATE
I, MICHAEL D. MILLER, DO HEREBY CERTIFY THAT THE SURVEY OF THE
BOUNDARY OF THE OUTLINE DEVELOPMENT PLAN 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 PLAN
ACCURATELY REPRESENTS SAID SURVEY.
SIGNATURE: DATE:
MICHAEL D. MILLER, PLS
COLORADO LICENSE NUMBER 38111
AMES PARTNERS PLANNED
RESIDENTIAL DEVELOPMENT
AN OUTLINE DEVELOPMENT PLAN IN THE CITY OF WHEAT RIDGE, COLORADO LOTS 10 AND 11, TOGETHER WITH THE WEST 1/2 OF THE VACATED ALLEY ADJOINING SAID LOTS, A RESUBDIVISION OF BLOCK 5 OF COLUMBIA HEIGHTS, COUNTY OF JEFFERSON, STATE OF COLORADO
VICINITY MAP
tn l;j l;j 0 l;j l;j w :"i w l;j "' � "' w w ,_ "' m ,_ w "' m (/) "' tn tn 0 tn z z z (/) 0 � OWNER'S CERTIFICATE/ UNIFIED CONTROL STATEMENT
THE BELOW SIGNED OWNER(S) OR LIEGALLY DESIGNATED AGENTS THEREOF,
DO HEREBY AGREE THAT THE PROPERTY LEGALLY DESCRIBED HEREON WILL
BE DEVELOPED AS A PLANNED DEVELOPMENT IN ACCORDANCE WITH THE
USES, RESTRICTIONS AND CONDITIONS CONTAINED IN THIS PLAN, AND AS MAY
OTHERWISE BE REQUIRED BY LAW, I {WE) FURTHER RECOGNIZE THAT THE
APPROVAL OF A REZONING TO PLANNED DEVELOPMENT, AND APPROVAL OF THIS OUTLINE DEVELOPMENT PLAN, 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 WHEAT RIDGE CODE OF
LAWS.
SIGNATURE:
JAY FEASTER, FOR AMES PARTNERS LLC
STATE OF COLORADO } ) ss
COUNTY OF JEFFERSON )
DATE:
THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS DAY OF A.D. 20_ BY
WITNESS MY HAND AND OFFICIAL SEAL. MY COMMISSION EXPIRES:
NOTARY PUBLIC
ODP NOTE:
THIS OUTLINE DEVEOPMENT PLAN IS CONCEPTUAL IN NATURE. SPECIFIC
DEVELOPMENT ELEMENTS SUCH AS SITE LAYOUT AND BUILDING ARCHITECTURE
HAVE NOT BEEN ADDRESSED ON THIS DOCUMENT. AS A RESULT, A SPECIFIC
DEVELOPMENT PLAN MUST BE SUBMITIED AND APPROVED BY THE CITY OF
WEHAT RIDGE PRIOR TO THE SUBMITIAL OF A RIGHT-OF-WAY OR BUILDING
PERMIT APPLICATION AND ANY SUBSEQUENT SITE DEVELOPMENT.
COUNTY CLERK AND RECORDER'S CERTIFICATE
STATE OF COLORADO )
) ss
COUNTY OF JEFFERSON )
I HEREBY CERTIFY THAT THIS PLAN WAS FILED IN THE OFFICE OF
THE COUNTY CLERK AND RECORDER OF JEFFERSON COUNTY AT
GOLDEN, COLORADO, AT O'CLOCK-----.M.
ON THE DAY OF , 20_ A.D., IN -------BOOK , PAGE , RECEPTION NO. --------JEFFERSON COUNTY CLERK AND RECORDER
BY: --------------(DEPUTY)
ALLOWED USES:
ALLOWED USES
PRIMARY USES:
SINGLIE FAMILY
DUPLEXES
ACCESSORY USES:
HOME OCCUPATIONS, PURSUANT TO SECTION 26-613 OF THE WHEAT RIDGE CODE OF LAWS.
HOUSEHOLD PETS, LIMITED TO NO MORE THAN 3 DOGS AND 4 CATS.
DETACHED ACCESSORY STRUCTURES (SHEDS, GAZEBOS) ARE PERMITIED.
PROJ CT LDC JION-w
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z c'.'i � N "--� �! "--,_ >' ....I > ::::, z0 w � 33RD AVE = tn tn tn tn
z z tn g � w g !Q (/) z [L z w w w I w "--0 (.) m c(
32ND AVE --
tn z 0
30TH AVE = ffi
29TH AVE NORTH
F, .. .. .. • • .. • .. i=
VICINITY MAP -NOT TO SCALE
CHARACTER OF NEIGHBORHOOD:
THE AMES PARTNERS DUPLEXES COMPLIES DIRECTLY WITH
THE WHEAT RIDGE COMPREHENSIVE PLAN BY PRESERVING
AND ENHANCING THE NEIGHBORHOOD, PROVIDING HOUSING
DIVERSITY, AND ENHANCING COMMUNITY CHARACTER. THE PROJECT IS PEDESTRIAN FRIENDLY, CLEARLY DEFINES PEDESTRIAN AND PARKING AREAS, AND WILL BE VISUALLY
ATIRACTIVE USING WELL-THOUGHT OUT LANDSCAPING,
FACADES, STREET PRESENCE, AND APPROPRIATELY SCALED RESIDENCES. ARCHITECTURE WILL BE TRADITIONAL AND WILL
FEATURE COVERED FRONT PORCHES, VERTICAL AND
HORIZONTAL WOOD SIDING, OPEN REAR PATIOS, CEDAR
FENCES, ASPHALT SHINGLE SLOPED ROOFS, AND A HIGH LEVEL OF CONSTRUCTION QUALITY NOT TYPICALLY FOUND
ON PRODUCTION HOMES. EACH UNIT FEATURES 3
BEDROOMS, 3 BATHROOMS, AND EXCLUSIVE OWN 2-CAR
GARAGES, DETACHED FROM THE PRIMARY RESIDENTIAL BUILDINGS, ACCESSED FROM THE ALLEY. THE PROJECT WILL REQUIRE A ZONE CHANGE FROM R-3 TO PRD.
PLANNING COMMISSION CERTIFICATION:
RECOMMENDED FOR APPROVAL THIS DAY OF 20 __ --- -----
BY THE WHEAT RIDGE PLANNING COMMISSION.
CHAIRPERSON
CITY CERTIFICATION:
APPROVED THIS DAY OF 20_ BY THE WHEAT ----
RIDGE CITY COUNCIL.
ATTEST:
CITY CLERK MAYOR
COMMUNITY DEVELOPMENT DIRECTOR
LAND USE TABLE:
TOTAL LOT SIZE:
MAX. BUILDING COVERAGE:
MIN. LANDSCAPING:
TOTAL DWELLING UNITS:
DWELLING UNITS/ACRE:
18,762 SF
7,505 SF (40%)
7,505 SF (40%)
4 UNITS
9.29
DEVELOPMENT STANDARDS:
1.MINIMUM LOT AREA: 8,425 SQUARE FEET
2.MINIMUM LOT WIDTH: 53 FEET
3.MAXIMUM BUILDING COVERAGE: 40%
4.MAXIMUM DENSITY: 4 UNITS WITHIN TWO BUILDINGS.
5.MAXIMUM HEIGHT: 29' FEET
6.SETBACKS:
a.MINIMUM SETBACK ALONG AMES STREET: 25'
b.MINIMUM SETBACK ALONG 33RD AVENUE: 8'
c.MINIMUM NORTH PROPERTY LINE SETBACK: 8'
d.MINIMUM EAST PROPERTY LINE SETBACK: 5'
e.MINIMUM INTERNAL SIDE SETBACK: 5'
f.BUILDING SETBACK ENCROACHMENTS ARE PERMITIED IN CONFORMANCE
WITH SECTION 26-611 OF THE WHEAT RIDGE MUNICIPAL CODE.
7.PARKING: ALL PARKING SHALL BE IN CONFORMANCE WITH SECTION
26-501 OF THE WHEAT RIDGE CODE OF LAWS.
a.DETACHED GARAGES ARE ALLOWED (20'X21 ', EAST PORTION OF LOT,
ALLIEY LOADED, MAX HEIGHT OF 15-FEET)
8.LANDSCAPING: ALL LANDSCAPING SHALL BE IN CONFORMANCE WITH
SECTION 26-502 OF THE WHEAT RIDGE CODE OF LAWS (REQUIRED
MINIMUM LANDSCAPING IS 40% PER THIS ODP).
9.EXTERIOR LIGHTING: ALL LIGHTING SHALL BE IN CONFORMANCE WITH
SECTION 26-503 OF THE WHEAT RIDGE CODE OF LAWS.
10.SIGNAGE: ALL SIGNAGE SHALL BE IN CONFORMANCE WITH ARTICLE VII
(SIGN CODE) OF THE WHEAT RIDGE CODE OF LAWS.
11 . FENCING: ALL FENCING SHALL BE IN CONFORMANCE WITH SECTION
26-603 OF THE WHEAT RIDGE CODE OF LAWS.
12.ARCHITECTURAL DESIGN: (2) TWO-FAMILY (DUPLEX) RESIDENTIAL
STRUCTURES, TWO STORIES, WITH VERTICAL AND HORIZONTAL WOOD
SIDING, ASPHALT SHINGLE PITCHED ROOFS, COVERED FRONT PORCHES,
CONCRETE REAR PATIOS, SIDE & REAR GRASS YARDS.
PHASING:
THIS PROJECT IS ANTICIPATED TO HAVE ONLY ONE PHASE. HOWEVER,
FUTURE PHASING, IF REQUIRED, WILL NOT REQUIRE AMENDMENT TO
THIS PLAN.
LEGAL DESCRIPTION:
LOTS 10 AND 11, TOGETHER WITH THE 1 /2 OF THE VACATED ALLEY
ADJOINING SAID LOTS, A RESUBDIVISION OF BLOCK 5 OF COLUMBIA HEIGHTS, COUNTY OF JEFFERSON, STATE OF COLORADO.
THE EAST 1/2 OF THE VACATED ALLEY ADJOINING LOTS 12 AND 13, A
SUBDIVISION OF BLOCK 5 COLUMBIA HEIGHTS, AS VACATED BY
INSTRUMENT RECORDED JULY 1 ST 1957 IN BOOK 1068 PAGE 60, COUNTY OF JEFFERSON, STATE OF COLORADO.
PROJECT INFORMATION:
OWNER/DEVELOPER/BUILDER:
AMES PARTNERS, LCC
JAY FEASTER 19510 W. 55TH PLACE
GOLDEN, COLORADO 80403
720-891-7916
ARCHITECT:
FIEBIG ARCHITECTURE, PLLC
MICHAEL FIEBIG
906 TIMBERVALE TRAIL HIGHLANDS RANCH, CO 80129
303-594-7584
ODP SHEET INDEX:
ODP-1 -COVER SHEET
ODP-2 -ODP SITE PLAN
CASE HISTORY:
WZ-18-25
WZ-18-26
MS-18-07
�It BIG ARCHITrCTURt �lrBIGARCH.CDM
(.) I _J
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PROJ. NO.
DRAWN:
CHECKED:
GADD FILE:
C) C) C") C")
180406
DATE: 04/05/2019
REVISIONS:
ODP DRAWINGS
SHEET TITLE: COVER SHEET
SCALE: AS NOTED
SHEET NUMBER: ODP-1
Exhibit 3
Planning Commission 15 Case Nos. WZ-18-25 and WZ-18-26 / Ames Partners Duplexes
This page intentionally left blank.
Planning Commission 16 Case Nos. WZ-18-25 and WZ-18-26 / Ames Partners Duplexes
The following is an excerpt from the Structure Map within the Comprehensive Plan.
EXHIBIT 4: COMPREHENSIVE PLAN
Subject Property
W. 32
nd Ave
W. 35
th Ave
Am
e
s
S
t
Planning Commission 17 Case Nos. WZ-18-25 and WZ-18-26 / Ames Partners Duplexes
Attached as an 11x17 document on the following page.
EXHIBIT 5: SPECIFIC DEVELOPMENT PLAN
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Planning Commission 18 Case Nos. WZ-18-25 and WZ-18-26 / Ames Partners Duplexes
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Planning Commission 19 Case Nos. WZ-18-25 and WZ-18-26 / Ames Partners Duplexes
EXHIBIT 6: SITE PHOTOS
View of the subject property looking northeast along Ames Street. The neighboring apartment building can be seen in the background. The water quality area would be located in the space between the northern lot and the apartment building, acting as an additional buffer.
View of the site looking east from Ames Street. The neighboring apartment building is to the left, and the commercial assisted living facility is in the background. The proposed alley and single-story garages provide a separation and buffer between the subject site and the assisted living.
Planning Commission 20 Case Nos. WZ-18-25 and WZ-18-26 / Ames Partners Duplexes
View of the subject property looking north from W. 33rd Avenue. Both adjacent lots can be seen in the photo. The driveway would be located to the west (left) of the assisted living facility, allowing access
to the detached garages.
View of the subject property looking north from W. 33rd Avenue, up Ames Street. The buildings
across Ames Street are primarily single-family homes on small lots.
Planning Commission 21 Case Nos. WZ-18-25 and WZ-18-26 / Ames Partners Duplexes
NEIGHBORHOOD MEETING NOTES
Meeting Date: November 8, 2018
Attending Staff: Scott Cutler, Planner II
Location of Meeting: Wheat Ridge Municipal Building
Property Address: Vacant lot, NE corner of W. 33rd Ave & Ames Street
Property Owner(s): Novy Development LLC
Applicant: Jay Feaster
Applicant Present? Yes
Existing Zoning: Residential-Three (R-3)
Existing Comp. Plan: Neighborhood Buffer
Existing Site Conditions: The site is located at the northeast corner of Ames Street and W. 33rd Avenue near the eastern border of Wheat Ridge. It is currently vacant, with the exception of some gardening boxes. The property is zoned Residential-Three (R-3), which permits medium to high-
density residential development, ranging from single-family to multi-unit developments. Properties to the north and south (across W. 33rd Avenue) are also zoned R-3. Much of the surrounding neighborhood, including the properties directly across Ames Street, are zoned Residential-One C (R-1C), which permits small-lot single-family homes. The senior living facility to the east of the property is zoned Neighborhood Commercial (NC).
The site consists of four parcels: two large, platted lots on Ames Street, and two narrow (each approximately 8-feet wide) tracts at the eastern edge of the property. These tracts were created when the 16-foot wide alley was vacated. When vacations occur, the land being vacated is split between the properties abutting the vacated land. A former owner of the subject site acquired the neighbor’s 8-foot
portion of the alley, thus giving the full width of the former alley to the subject property. The four
parcels total approximately 18,720 square feet (a survey will determine the exact figure).
Applicant Preliminary Proposal: The applicant has proposed to rezone the property from R-3 to Planned Residential Development (PRD), allowing them to subdivide the property for two duplexes.
Due to the number of variances required by the applicant’s proposed subdivision and future
development if using the R-3 zoning, a PRD was pursued to eliminate the need for variances and to ensure high-quality architectural and site design. The two-story duplexes would have rear detached garages accessed from an alley off of W. 33rd Avenue.
EXHIBIT 7: NEIGHBORHOOD MEETING
Planning Commission 22 Case Nos. WZ-18-25 and WZ-18-26 / Ames Partners Duplexes
The following is a summary of the neighborhood meeting:
• In addition to the applicant and staff, 2 residents 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 rezoning and planned development process.
• Staff discussed the site, its zoning and land use.
• The applicant presented their proposal and answered further questions, with help from staff.
• The members of the public were informed of their opportunity to make comments during the process and at the required public hearings.
The following issues were discussed regarding the zone change request and proposed future
development:
• A resident notified the applicant and staff of some code enforcement issues in the neighborhood,
including a nearby business that dumps water in the vacant lot.
Staff passed the information along to Code Enforcement and the Stormwater Manager.
• Parking issues were discussed, including potential illegal parking and abandoned vehicles. The proposed development includes on-site garages for each duplex unit, and will make street
changes to make street parking safer. The applicant noted that developing the site may ward off
some of the illegal activity that currently occurs there. Staff noted that Wheat Ridge has a 72-
hour parking limit in one location on the street, but that all streets in this area allow public parking.
• What is the arrangement of the duplexes?
Two duplexes are planned for a total of four units. They would be two stories with pitched
roofs, and detached garages in the rear. Most likely they would be 3 bedrooms, 2.5 bathrooms, with an unfinished basement, for a total of approximately 2,000 square feet. Interior details haven’t been worked out yet, but the applicant showed images of potential finishes.
• What is the proposed sale price?
Approximately $650-700 thousand, but the final price will be determined by the cost of construction and market viability. The applicant noted that similar homes sell for upwards of $750-800 thousand just a few blocks east in Denver.
• A resident noted that the water table is fairly high in this area.
Noted, the applicant obtained a soils test for the property.
• A fence was suggested along the rear property line adjacent to the nursing home. The applicant explained the site design and said that the backyards would be fenced.
Planning Commission 23 Case Nos. WZ-18-25 and WZ-18-26 / Ames Partners Duplexes
EXHIBIT 8: APPLICANT LETTER
Planning Commission Minutes - 8 - April 4, 2019
B. Case Nos. WZ-18-25 and WZ-18-26: An application filed by Ames Partners,
LLC for approval of a zone change from Residential-Three (R-3) to Planned
Residential Development (PRD) with approval of an Outline Development Plan (ODP) and Specific Development Plan (SDP) for development of two duplexes located at the northeast corner of W. 33rd Avenue and Ames Street.
Mr. Cutler gave a short presentation regarding the zone change, Specific
Development Plan and the application. He entered into the record the contents of the case file, packet materials, the zoning ordinance, and the contents of the digital presentation. He stated the public notice and posting requirements have been met, therefore the Planning Commission has jurisdiction to hear this case.
Commissioner PETERSON commented on page 6, #4, letter C and explained the condition has not been met and does not need to be.
Commissioner VOS asked if the R-3 designation does not permit the configuration
of duplexes the applicant wants without applying for multiple variances.
Mr. Cutler agreed and added that if the applicant stays with the R-3 zoning they could put 5 attached townhomes on the site.
Ms. Mikulak added that the City is prohibited in processing lot size variances to
add additional units.
Commissioner OHM asked if the landscape plan meets the streetscape standards.
Mr. Cutler explained that the Street Scape Manual requires 4 street trees per street
frontage and the applicant is going to be required to build a wider attached sidewalk with current ADA ramps at the corner.
Commissioner OHM also asked if sight distance triangles are a requirement on the
landscape plan.
Mr. Cutler said there is no sight distance triangle for this landscape plan because the distance would be 15 ft. x 15 ft. and is not even close for these local streets.
Commissioner VOS mentioned a sign-up sheet not being included in her agenda
packet.
Jay Feaster, Applicant 19510 West 55th Place, Golden
Mr. Feaster did not have anything to add to the presentation.
Commissioner PETERSON asked how the duplexes will be owned.
ATTACHMENT 3
Planning Commission Minutes - 9 - April 4, 2019
Mr. Feaster said each door will be sold individually.
Commissioner SIMBAI asked why batten siding had been chosen for the duplexes. Mr. Feaster said it is durable and will give more of a cottage look which stucco would not even though it is durable as well. Batten will also complement the
neighborhood.
Commissioner LARSON asked if there is enough room for in the private alley for cars to get in and out of. He also wondered if there will be on street parking.
Jessie Donovan, Engineer
3253 N Gaylord Street, Denver Mr. Donovan explained that the City requires a 5-foot pull out at the end of the alley for the last unit to have enough room to back out of the garage and drive
away. He added there will be on street parking as well.
Commissioner VOS asked that if this zone change is approved, can the applicant sell the property and a more dense building be built.
Mr. Cutler said that is not a possibility. He explained that once the ODP is
approved the zoning will be established for the property which will limit the property to only single family homes or a duplex development. He added that the ODP is meant to show the development standards and the SDP provided the specific standards, for example, showing exactly where the buildings will be
placed.
Commissioner LEO said she has a concern that duplexes can be non-owner occupied.
Mr. Feaster said that of the 45 duplexes he has built and sold he has yet to see a
loan that has not been an owner occupied loan. Ms. Mikulak added that City Code and Federal Fair Housing laws would not allow the City to regulate if the duplexes are owner or renter occupied.
Commissioner OHM asked what the two fences on the north and south are for and why they extend out beyond the line of the building. Mr. Feaster and Mr. Donovan said they are privacy fences and they extend to
maximize the visual space between the units.
Commissioner OHM asked about the 4.5-foot sidewalk on the east side of the garages and didn’t think that is not a normal width for a sidewalk.
Planning Commission Minutes - 10 - April 4, 2019
Mr. Donovan explained that it is not a sidewalk but an approach to the garages
with a slight slope from the alley and is considered a driveway apron.
Commissioner PETERSON asked if there is any requirements for permeable patios and walkways.
Mr. Cutler said there are requirements for open space on properties and the code
for duplexes requires 25% of the lot be open space. He explained the applicant is proposing 42% of the lot be pervious, so they are well exceeding the requirement. Mr. Westberg added that permeable pavers are allowed as part of a water quality
treatment, but this property has a separate water quality facility so the pavers are
not required. Commissioner LARSON asked if the units will have basements.
Mr. Feaster said there will be unfinished basements with 9 foot ceilings and egress
windows. Tom Sunheim 5601 West 35th Avenue
Mr. Sunheim is happy with what is being proposed for this site and thinks it will be a good fit for the neighborhood. Commissioner VOS said she appreciates the less density, architecture and the
character of the project.
It was moved by Commissioner LARSON and seconded by Commissioner PETERSON to recommend APPROVAL of Case No. WZ-18-25, a request for approval of a zone change from Residential-Three (R-3) to Planned Residential Development with an Outline Development Plan (ODP) for
property located at the northeast corner of W. 33rd Avenue and Ames 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. With the following condition:
Planning Commission Minutes - 11 - April 4, 2019
1. The minimum lot area shall be revised to 8,425 square feet.
Motion carried 7-0. It was moved by Commissioner ANTOL and seconded by Commissioner SIMBAI to recommend APPROVAL of Case No. WS-18-26, a request for
approval of a Specific Development Plan on property located at the northeast corner of West 33rd Avenue and Ames 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 City Code.
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 developer’s 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 codes and policies.
Motion carried 7-0.
ITEM NO: DATE: May 13, 2019 REQUEST FOR CITY COUNCIL ACTION
TITLE: RESOLUTION NO. 30-2019 – A RESOLUTION APPROVING A
SPECIFIC DEVELOPMENT PLAN (SDP) FOR PROPERTY
LOCATED AT 3300 AMES STREET (CASE NO. WZ-18-26 / FEASTER) 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 3300 Ames Street (northeast corner of W. 33rd Avenue and Ames 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 April 4, 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 City Code. 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.
Council Action Form –3300 Ames Street SDP
May 13, 2019
Page 2 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. The staff report and meeting minutes from the April 4 Planning Commission meeting are attached
to the preceding CAF for Council Bill 06-2019.
FINANCIAL IMPACT: Fees in the amount of $1,079 were collected for the review and processing of Case No. WZ-18-25 and WZ-18-26. Parkland fees in lieu of land dedication in the amount of $9,989.16 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 06-2019 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, and landscaping. Key components of the site design are described here. The SDP plan is included with the Planning Commission staff report.
Proposed Development
Site Design The duplex buildings are proposed to face Ames Street, which matches the existing conditions in
the neighborhood. Detached garages will be provided for each unit, with a private walkway from
the duplex unit through a private yard to the garage. The garages will be accessed from a private shared driveway on the east side of the site off of W. 33rd Avenue. Yards will be fenced. New sidewalks will be constructed on both streets of the property frontage. The setbacks on both streets are designed to be context-appropriate, attempting to match the surrounding conditions.
Landscaping The ODP requires each lot to be at least 40% landscaped, and the SDP proposes each lot to exceed that requirement. Additional landscaping will be provided in the water quality area at the north end of the site. A total of 4 street trees are provided, plus 17 shrubs, and 46 ornamental grasses. Each
duplex unit will have a landscaped front yard and a private rear yard with a concrete patio and sod.
Architecture The City does not have architectural requirements for single or two-family buildings, which includes duplexes. However, through the SDP process the applicant has proposed enhanced
architecture, with vertical board and batten siding, grey asphalt shingles, and variations in siding
patterns on the side façades. Each unit will have a covered porch. The detached garages will match the main buildings. The duplexes will be two stories with pitched roofs in a more traditional style.
Council Action Form –3300 Ames Street SDP
May 13, 2019
Page 3 Drainage
Drainage is accommodated in a water quality area on its own tract at the north end of the site,
between the northern duplex and the neighboring property. This area will contain irrigated turf, sod, and rock mulch, as well as plantings on the east side. The area is sized sufficiently for the added impervious surface on the site, and acts as an additional buffer between the proposed development and the apartment building to the north. Based on the total area of impervious surface
being less than 10,000 square feet, full-flood attenuation is not required.
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 unique and context-sensitive duplex design with an emphasis on enhanced landscaping and architecture.
• 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.
• 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 established in the ODP and other applicable design standards. The applicant is upgrading sidewalks and curb ramps to the City’s standard for local streets and landscaping is being provided along the street frontage in excess of code requirements. RECOMMENDATIONS: Based on compliance with the SDP review criteria, staff is recommending approval of this request.
RECOMMENDED MOTION: “I move to approve Resolution No. 30-2019, a resolution approving a Specific Development Plan for property located at 3300 Ames 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.
Council Action Form –3300 Ames Street SDP
May 13, 2019
Page 4 Or,
“I move to deny Resolution No. 30-2019, a resolution approving a Specific Development Plan for property located at 3300 Ames Street, for the following reasons: 1. 2.
3. ”
REPORT PREPARED/REVIEWED BY: Scott Cutler, Planner II Kenneth Johnstone, Community Development Director
Patrick Goff, City Manager
ATTACHMENTS: 1. Resolution No. 30-2019
CITY OF WHEAT RIDGE RESOLUTION NO. 30
Series of 2019
TITLE: A RESOLUTION APPROVING A SPECIFIC DEVELOPMENT PLAN FOR PROPERTY LOCATED AT 3300 AMES STREET (CASE NO. WZ-18-26 / FEASTER)
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, Ames Partners, LLC submitted a land use application for approval of
a Specific Development Plan for property at the northeast corner of W. 33rd Avenue and
Ames Street (3300 Ames Street); and, WHEREAS, the Specific Development Plan will allow for reinvestment in the community and provisions of duplexes 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 3300 AMES STREET (CASE NO. WZ-18-26 / FEASTER) 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 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 13th day of May, 2019. ______________________________________ Bud Starker, Mayor
ATTEST: _______________________________________ Janelle Shaver, City Clerk
ATTACHMENT 1
ITEM NO: DATE: May 13, 2019 REQUEST FOR CITY COUNCIL ACTION
TITLE: COUNCIL BILL NO. 07-2019 – AN ORDINANCE REMOVING THE LOCAL HISTORIC LANDMARK STATUS FROM AN
ACCESSORY STRUCTURE ON PROPERTY LOCATED AT
11480 W. 44th AVENUE (CASE NO. WHL-19-01 / McENTIRE)
PUBLIC HEARING ORDINANCES FOR 1ST READING (05/13/2019) BIDS/MOTIONS ORDINANCES FOR 2ND READING (06/10/2019) RESOLUTIONS
QUASI-JUDICIAL: YES NO
_______________________________ ______________________ Community Development Director City Manager
ISSUE: The applicant is requesting removal of the local historic landmark status from an accessory structure on property located at 11480 W. 44th Avenue in the Agricultural-One (A-1) zone district.
The current owner purchased the property in 2013.
Section 26-913.A.3 of the City Code allows an application for removal of historic designation to be submitted at the request of a new owner, but only to the extent public financial assistance has not been received to benefit the exterior historic elements of the property.
PRIOR ACTION: The structure was designated as a local historic landmark in 1998, processed under Case No. WHL-98-01 and passed by ordinance. FINANCIAL IMPACT:
Fees in the amount of $320 were collected for the review and processing of Case No. WHL-19-01.
Council Action Form – Removal of Local Historic Status at 11480 W. 44th Avenue
May 13, 2019
Page 2 BACKGROUND: The subject property is located on the south side of W. 44th Avenue between Robb Street and
Tabor Street. The property is approximately one acre in size. Currently the property is vacant with the exception of an approximately 576 square foot barn at the rear of the property. As noted previously, in 1998, City Council approved an ordinance designating the barn on
the property as a local historic landmark under Case No. WHL-98-01. Since then, the
property has changed hands and the current owner is desirous of removing the local historic status of the barn. City Code allows for an application for removal of historic designation to be submitted by
the owner of the property, provided that it is the request of a new owner (not the owner
who requested the designation) and to the extent public financial assistance has not been received to benefit the exterior historic elements of the property. No public funds have been distributed to repair the barn. Staff has determined that the applicant is eligible to apply for the removal of the historic designation, which requires a public hearing at City
Council. There are no discretionary review criteria if the request meets these two standards
related to ownership and funding. RECOMMENDATIONS: The application in this case is for the removal of a historic status of an accessory structure.
This action is quasi-judicial, and as a result, the applicant is entitled to a public hearing on
the application. Historic designations (or their removal) in Wheat Ridge is accomplished by ordinance (Charter Sec. 5.10; Code Section 26-913). Ordinances require two readings, and by Charter, the public
hearing takes place on second reading.
First reading in these cases is a procedural action that merely sets the date for the (second reading) public hearing. No testimony is taken on first reading. Because it is important that the applicant and all interested parties have their due process rights to a hearing, the City Attorney advises
Council to approve ordinances on first reading. This merely sets the date for the public hearing,
and for this reason, the packet materials provided on first reading are generally limited. RECOMMENDED MOTION: “I move to approve Council Bill No. 07-2019 an ordinance approving the removal of local historic
status for an accessory structure at 11480 W. 44th Avenue on property zoned Agricultural-One (A-
1), on first reading for the sole purpose of ordering it published for a public hearing set for Monday, June 10, 2019 at 7 p.m. in City Council Chambers, and, if adopted, that it take effect 15 days after final publication.”
REPORT PREPARED/REVIEWED BY:
Scott Cutler, Planner II Kenneth Johnstone, Community Development Director
Council Action Form – Removal of Local Historic Status at 11480 W. 44th Avenue
May 13, 2019
Page 3 Patrick Goff, City Manager
ATTACHMENTS: 1. Council Bill No. 07-2019
CITY OF WHEAT RIDGE INTRODUCED BY COUNCIL MEMBER __________
COUNCIL BILL NO. 07 ORDINANCE NO. _________ Series of 2019 TITLE: AN ORDINANCE REMOVING THE LOCAL HISTORIC
LANDMARK STATUS FROM AN ACCESSORY STRUCTURE ON PROPERTY LOCATED AT 11480 W. 44th AVENUE (CASE NO. WHL-19-01 / McENTIRE) 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, the property owner of 11480 W. 44th Avenue is requesting removal of the local historic landmark status of an accessory structure on their property; and,
WHEREAS, Section 26-913.A.3 of the City Code allows for removal of historic
designation at the request of a new property owner to the extent public financial assistance has not been received to benefit the exterior historic elements of the property; and,
WHEREAS, the property owner is a new owner who did not request the original
historic landmark status and no public funds have been received to renovate the structure; and, WHEREAS, there are no discretionary review criteria if the request meets the
two standards related to new ownership and funding;
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO:
Section 1 Findings of Fact. The Wheat Ridge City Council hereby finds that
the property owner is eligible to remove the historic landmark designation from the accessory structure. The ownership has changed since the original designation and public financial assistance has not been received to repair the structure.
Section 2. Removal of Historic Landmark Designation. Pursuant to the authority vested in it by Section 26-913 of the Wheat Ridge Code of Laws, the Wheat Ridge City Council hereby removes the local historic designation from the barn on the property at 11480 W. 44th Avenue.
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
ATTACHMENT 1
City Council further determines that the ordinance bears a rational relation to the proper legislative object sought to be attained.
Section 4. Severability; Conflicting Ordinance Repealed. If any section, subsection or clause of the ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in
conflict with the provisions of this Ordinance are hereby repealed.
Section 5. Effective Date. This Ordinance shall take effect 15 days after final publication, as provided by Section 5.11 of the Charter.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of __ to __ on
this 13th day of May, 2019, ordered it published with Public Hearing and consideration on final passage set for Monday, June 10, 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: 2nd publication:
Wheat Ridge Transcript:
Effective Date: