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HomeMy WebLinkAboutVirtual City Council Agenda Packet 04-13-20AGENDA CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO April 13, 2020 7:00 p.m. This meeting will be conducted as a VIRTUAL MEETING. No members of the Council or City staff will be physically present at the Municipal building for this meeting; the public may not attend in person. The public may participate in these ways: 1. Provide comment in advance at www.wheatridgespeaks.org (comment by noon on April 13) 2. Virtually attend and participate in the meeting through a device or phone: • Click here to join and provide public comment • Or call +1-669-900-6833 with Access Code 392 637 012 3. View the meeting live or later at www.wheatridgespeaks.org, Channel 8, or YouTube Live at https://www.ci.wheatridge.co.us/view Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City of Wheat Ridge. Contact the Public Information Officer at 303-235-2877 or wrpio@ci.wheatridge.co.us with as much notice as possible if you are interested in participating in a meeting and need inclusion assistance. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL OF MEMBERS PROCLAMATIONS AND CEREMONIES Arbor Day Proclamation Ralston House Proclamation “Child Abuse Prevention & Awareness Month” Victims’ Rights Week APPROVAL OF MINUTES APPROVAL OF AGENDA CITIZENS’ RIGHT TO SPEAK a. Citizens may speak on any matter not on the Agenda or regarding items listed under Decisions, Resolutions and Motions for a maximum of 3 minutes under Citizens Right to Speak. Please speak up to be heard when directed by the Mayor. CITY COUNCIL AGENDA: April 13, 2020 Page -2- b. Citizens who wish to speak on a Public Hearing item may speak when directed by the Mayor at the conclusion of the staff report for that specific agenda item. c. Citizens may comment on any agenda item in writing by noon on the day of the meeting at www.WheatRidgeSpeaks.org. Comments made on Wheat Ridge Speaks are considered part of the public record. CONSENT AGENDA 1. Motion to award custodial services contracts and approve subsequent payments in the not-to-exceed amounts of $74,875 to Jani King., of Centennial, CO; $32,531 to Sunshine Building Maintenance Inc., of Lakewood, CO; and $76,800 to Mojos Cleaning Services Inc., of Brighton, CO, and approve a three percent contingency in the amount of $5,526 for unforeseen custodial expenses PUBLIC HEARINGS AND ORDINANCES ON SECOND READING 2. Council Bill No. 05-2020 - an ordinance approving an amendment to the Existing Planned Mixed Use Development (PMUD) Zoning to increase the allowable height for hospital uses at Clear Creek Crossing 3. Council Bill No. 06-2020 - an ordinance approving the rezoning of property located at 9800 W. 38th Avenue from Residential-One (R-1) to Planned Residential Development (PRD) with an Outline Development Plan (ODP) 4. Council Bill No. 07-2020 - an ordinance vacating any interest held by the City in a portion of Youngfield service road, a public roadway ORDINANCES ON FIRST READING DECISIONS, RESOLUTIONS AND MOTIONS 5. Resolution No. 20-2020 - a resolution of the City Of Wheat Ridge, Colorado approving an Intergovernmental Agreement with the Jefferson County School District concerning the Kullerstrand Elementary School playground and in connection therewith, a grant agreement with Great Outdoors Colorado 6. Resolution No. 21-2020 - a resolution approving a Memorandum of Understanding for Mutual Aid for Law Enforcement Emergency Services CITY MANAGER’S MATTERS CITY ATTORNEY’S MATTERS ELECTED OFFICIALS’ MATTERS ADJOURNMENT ITEM NO: DATE: April 13, 2020 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO AWARD CUSTODIAL SERVICES CONTRACTS AND APPROVE SUBSEQUENT PAYMENTS IN THE NOT-TO-EXCEED AMOUNTS OF $74,875 TO JANI KING., OF CENTENNIAL, CO; $32,531 TO SUNSHINE BUILDING MAINTENANCE INC., OF LAKEWOOD, CO; AND $76,800 TO MOJOS CLEANING SERVICES INC., OF BRIGHTON, CO, AND APPROVE A THREE PERCENT CONTINGENCY IN THE AMOUNT OF $5,526 FOR UNFORESEEN CUSTODIAL EXPENSES PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO _______________________________ ______________________________ Parks and Recreation Director City Manager ISSUE: The City’s current custodial services contract expires April 30, 2020. The City’s continuously occupied facilities require consistent custodial attention. Ensuring clean and hygienic public and work spaces is fundamental to the safe operation of the City organization and community services. A request for proposals (RFP) was issued and staff is recommending the approval of three separate custodial service contracts. PRIOR ACTION: City Council approved the current contract for custodial services in 2019. FINANCIAL IMPACT: Funding for these contracts is budgeted in the General Fund and is currently appropriated in various departments. The financial impact in 2020 includes 8 months at the proposed new rates, 1 Council Action Form – Custodial Services April 13, 2020 Page 2 approximately $122,800, and 4 months at the expiring rate, approximately $33,300, for a total of $156,100. The funds shall provide for all custodial services as identified in the bid packages. In addition, a 3% contingency in the amount of $5,526 is requested to provide for unforeseen expenses related to custodial services. BACKGROUND: The City has over 142,000 square feet of continuously occupied facilities that require frequent and quality custodial service. Each facility has differing custodial needs because of the different uses of space within and public and environmental health and safety is of utmost importance. The specifics of each facility’s custodial needs have been identified and documented. These needs created the scope of work for the proposed three new contracts. The current custodial contract was awarded a year ago, to the low-bid vendor, to clean all the same City facilities, for a total annual cost of $99,585. The previous solicitation was done as a bid, which implies award to the low responsive, responsible bidder. Over the past year, both the current vendor and the City have registered concerns around the requirements and services provided. With the current RFP approach, the City was able to select vendors based on qualifications and techniques in addition to cost. In preparation of the expiration of the current contract, a committee of facility representatives and Purchasing staff was convened to draft a scope of work and publish a RFP to solicit proposals from interested custodial service providers. The RFP separated the work into three building categories based on service level requirements: Group 1: Wheat Ridge Recreation Center and Anderson Building Group 2: Active Adult Center and Richards-Hart Estate Group 3: Public Works Operations; Parks Shop; Parks, Forestry and Open Space; and City Hall Proposals were reviewed and scored by the committee. After analyzing the pros and cons of different contractor and cost configurations, the committee proposed awarding contracts to the following vendors: Group 1: ensuring sanitary conditions is extremely important in these facilities where there are thousands of visitors annually that use locker rooms, gyms, and fitness areas. Jani King was chosen because of their capabilities with the Kaivac cleaning system. This no-touch system enables them to do a more thorough sterilization on a daily basis, minimizes the exposure to cross contamination in locker room areas, and facilitates a quicker cleaning turnaround for a tight window before the facilities opens in the morning. Group 2: Sunshine Building Maintenance, Inc. Group 3: Mojo Cleaning Services, Inc. For the remaining facilities, the committee wanted to be able to balance the expected quality of the custodial services and the costs. The committee scored the two selected contractors in the Council Action Form – Custodial Services April 13, 2020 Page 3 middle of the range. Staff believes these contractors are very capable of providing quality service while still being mindful of the current economic conditions to lessen the cost burden to the City organization. It should be noted that hiring and utilizing in-house personnel was analyzed as well. There are many pros and cons to this mode of operation. The main reason the team decided against it is the lack of supervisory and logistic capabilities to manage a large crew over numerous facilities. Another reason is the inability to ensure a continuity of services in a field of historically high turnover rates or when in-house employees need to take time off. RECOMMENDATIONS: Facility maintenance staff recommend award of Group 1 facilities contract (Wheat Ridge Rec Center and Anderson Building) to Jani King of Centennial, CO in the amount not-to- exceed $74,875; award the Group 2 facilities contract (Active Adult Center and Richards-Hart Estate) to Sunshine Building Maintenance Inc. in the amount not-to-exceed $32,531; award the Group 3 facilities contract (Public Works Operations; Parks Shop; Parks, Forestry and Open Space; and City Hall) to Mojo’s Cleaning Services in the amount not- to-exceed $76,800; and approve a 3% contingency in the amount of $5,526 to provide for unforeseen custodial or cleaning needs should they arise. The awards also include the option to extend contracts as renewals for four additional one-year periods. RECOMMENDED MOTION: “I move to award custodial services contracts and approve subsequent payments in the not-to-exceed amounts of $74,875 to Jani King., of Centennial, CO; $32,531 to Sunshine Building Maintenance Inc., of Lakewood, CO; and $76,800 to Mojo’s Cleaning Services Inc., of Brighton, CO, and approve a three percent contingency in the amount of $5,526 for unforeseen custodial expenses.” Or, “I move to deny award of custodial services contracts and approve subsequent payments in the not-to-exceed amounts of $74,875 to Jani King., of Centennial, CO; $32,531 to Sunshine Building Maintenance Inc., of Lakewood, CO; and $76,800 to Mojo’s Cleaning Services Inc., of Brighton, CO, and approve a three percent contingency in the amount of $5,526 for unforeseen custodial expenses, for the following reason(s)_______________.” REPORT PREPARED/REVIEWED BY: Zach Lovato, Parks, Forestry and Open Space Manager Karen O’Donnell, Director of Parks and Recreation Jennifer Nellis, Purchasing and Contracting Agent Patrick Goff, City Manager ATTACHMENTS: 1. Proposer Tab Sheet Page 1 of 2 VENDOR American Facility Services Group Jani King Kleen-Tech Mojos Cleaning Services Pro Solutions Source, dba Service Solutions LOCATION Lakewood, CO Centennial, CO Denver, CO Thornton, CO Denver, CO PROPOSER INFORMATION FORM YES YES YES YES YES ACKNOWLEDGEMENT OF ADDENDA (3)YES YES YES YES YES ILLEGAL ALIEN COMPLIANCE YES YES YES YES YES NON-DISCRIMINATION ASSURANCE YES YES YES YES YES NON-COLLUSION AFFADAVIT YES YES YES YES YES VENDOR QUALIFICATION YES YES YES YES YES LIST OF EQUIPMENT YES YES YES YES NO REFERENCES YES YES YES YES YES Experience & Qualifications YES YES YES YES YES Approach YES YES YES YES YES FEE SCHEDULE Group 3 Group 1 Groups 1, 2 & 3 Group 1 & 3 Group 1 Not Bidding on Group 1 or 2 Not Bidding on Group 2 or 3 Only Groups 2 & 3 allowed Not Bidding on Group 2 Not Bidding on Group 2 or 3 MANDATORY SITE VISIT GROUP 1 YES YES NO YES YES GROU YES YES YES YES YES GROU YES YES YES YES YES EVIDENCE OF INSURANCE YES YES YES YES YES REQUESTED BY: ZACH LOVATO - PFOS MANAGER OPENED BY: KIRBY HOLLUMS, BUYER WITNESSED BY: JENNIFER NELLIS, PURCHASING AGENTDUE DATE/TIME: THURSDAY, FEB 27, 2020 BY TIME 2:00 P.M. PROJECT NAME: CITY-WIDE JANITORIAL SERVICES PROJECT: RFP-20-05 ATTACHMENT 1 Page 2 of 2 VENDOR Sunshine Building Maintenance LOCATION Lakewood, CO PROPOSER INFORMATION FORM YES ACKNOWLEDGEMENT OF ADDENDA (3)YES ILLEGAL ALIEN COMPLIANCE YES NON-DISCRIMINATION ASSURANCE YES NON-COLLUSION AFFADAVIT YES VENDOR QUALIFICATION YES LIST OF EQUIPMENT YES REFERENCES YES Experience & Qualifications YES Approach YES FEE SCHEDULE Groups 1, 2 & 3 MANDATORY SITE VISIT GROUP 1 YES GROU YES GROU YES EVIDENCE OF INSURANCE YES PROJECT: RFP-20-05 REQUESTED BY: ZACH LOVATO - PFOS MANAGER PROJECT NAME: CITY-WIDE JANITORIAL SERVICES OPENED BY: KIRBY HOLLUMS, BUYER DUE DATE/TIME: THURSDAY, FEB 27, 2020 BY TIME 2:00 P.M.WITNESSED BY: JENNIFER NELLIS, PURCHASING AGENT ITEM NO: DATE: April 13, 2020 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 05-2020 – AN ORDINANCE APPROVING AN AMENDMENT TO THE EXISTING PLANNED MIXED USE DEVELOPMENT (PMUD) ZONING TO INCREASE THE ALLOWABLE HEIGHT FOR HOSPITAL USES AT CLEAR CREEK CROSSING (CASE NO. WZ-19-10) PUBLIC HEARING ORDINANCES FOR 1ST READING (03/09/2020) BIDS/MOTIONS ORDINANCES FOR 2ND READING (04/13/2020) RESOLUTIONS QUASI-JUDICIAL: YES NO _______________________________ ______________________ Community Development Director City Manager ISSUE: The applicant is requesting to modify the underlying zoning to increase the allowable height for hospital uses. A hospital is already a permitted use in the existing zoning, and the existing zoning also contemplated 6-story employment uses. However, a hospital built to six stories requires an additional 12 feet of height to meet design requirements and current building codes. The applicant is also seeking a limited additional height allowance to accommodate a rooftop elevator associated with a helipad. Prior to the April 13, 2020 public hearing, it was determined that one component of the required public hearing notification process was not properly completed. Specifically, the publication of notice in the Wheat Ridge Transcript, while accomplished, incorrectly stated that the meeting would be held in City Hall at 7500 W. 29th Avenue. Due to the COVID-19 City Hall closure that meeting had been changed to a virtual Zoom Webinar format. Notice of that change in venue was mailed to adjacent property owners, and reflected on the physical posting of the property; however, the Transcript published notice was not properly updated. Because a partial public notice has been accomplished, and likely parties will be anticipating being able to attend the virtual public hearing, and in order to extend the period for filing of protests if desired (required to be filed before the start of the hearing), staff recommends that the 2 Council Action Form – CCC ODP Height Amendment April 13, 2020 Page 2 Council act on April 13 to simply continue the agenda item to a date certain without opening the hearing itself. Accordingly, no staff presentation will be made and no applicant or public testimony be taken on this date. April 27 is recommended as the “date certain” as it is the next available City Council regular business meeting. PRIOR ACTION: Planning Commission heard the request at a public hearing on February 20, 2020, and recommended approval. The Planning Division staff report and draft meeting minutes are attached. FINANCIAL IMPACT: Fees in the amount of $1,079 were collected for the review and processing of Case No. WZ-19- 10. If the development advances, next steps would include a Specific Development Plan and building permits, and review fees as well as use tax would be paid as part of those processes. BACKGROUND: The applicant is requesting to modify the underlying zoning to increase the allowable height for hospital uses. The property is zoned Planned Mixed Use Development (PMUD) and more specifically is subject to the Clear Creek Crossing Outlined Development Plan (ODP) and Design Pattern Book (DPB) which were approved by City Council in 2018 (Case No. WZ-16-07). This request seeks to modify the maximum height standards only for a portion of the property (Planning Area 1 only). Per Section 26-307 of the municipal code, any change to a development parameter within a planned development is processed the same as the original approval, meaning this request requires review at public hearings before Planning Commission and City Council. Existing Conditions The subject property is commonly known as Clear Creek Crossing, and is located west of Interstate 70, south of Highway 58, and north of 32nd Avenue. Properties surrounding Clear Creek Crossing have a variety of land uses and zoning designations. Within Wheat Ridge, that includes Clear Creek Trail and the Coors water storage facilities; the Applewood Golf Course and a large-lot single-family neighborhood are adjacent to the site but outside the City boundary. In total Clear Creek Crossing is approximately 110 acres in size, and Planning Area 1 (PA 1) comprises approximately 25 acres of the site. In the approved zoning documents, PA 1 is proposed to have a major employer. The applicant, SCL Health, purchased the land in 2018 and has started preliminary site planning. That effort has resulted in this request for increased height. Proposed Height Amendment SCL Health is seeking to construct a medical campus in Planning Area (PA) 1 including a hospital building that is six (6) stories in height. Additionally they are requesting an allowance for a rooftop elevator and other auxiliary structures associated with a rooftop helipad. Council Action Form – CCC ODP Height Amendment April 13, 2020 Page 3 Under current zoning standards, the maximum permitted height in PA 1 is 90 feet for “primary employment uses;” this generally accommodates a six-story office building. While a hospital is a permitted use in PA 1, the current zoning does not specifically contemplate a different height standard for a hospital use. The proposed amendment would modify the maximum building height in PA 1 by adding two new categories to the maximum height standards; those proposed categories are shown in red in the table below. Maximum Building Height in PA 1 (black text shows existing height standards, red text denotes the two categories proposed by this request) Commercial / Retail / Other Single Commercial Uses: 62’ – 0” Residential Uses: 65’ – 0” Primary Employment Uses: 90’ – 0” Mixed Use (Defined as Vertical Integration of Uses): 90’ – 0” Hospitals: 102’ – 0” Elevators and Entry Vestibules for Access to Rooftop Helipads on Hospitals: 135’ – 0” (limited to a maximum area of 2,500 sf) There are no other changes to the zoning or to the ODP or DPB documents. The proposed amendment is written as narrowly as possible so as not to increase the maximum height of other land uses or functions. The 102-foot height limit would accommodate the design requirements and building codes for a six-story hospital. The additional height for the elevator and vestibule is limited in size to the smallest possible footprint of 2,500 square feet—likely a small portion of the overall roof. If the request is approved, specific building and site design would be subject to review by staff and the Planning Commission in a Specific Development Plan application. The applicant’s letter of request as well as a complete analysis of the zone change criteria is enclosed for review as part of the Planning Division Staff Report. RECOMMENDATIONS: The application in this case is for the rezoning of property. This action is quasi-judicial, and as a result, the applicant is entitled to a public hearing on the application. As Council is aware, rezoning in Wheat Ridge is accomplished by ordinance (Charter Sec. 5.10; Code Section 26-112). Ordinances require two readings, and by Charter, the public hearing takes place on second reading. Per City Code, the City Council shall use the criteria in Section 26-303 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 continue Agenda Item No. 2, Council Bill No. 05-2020 – An ordinance approving an amendment to the existing Planned Mixed Used Development (PMUD) zoning to increase the allowable height for hospital uses at Clear Creek Crossing (Case No. WZ-19-10), including the Council Action Form – CCC ODP Height Amendment April 13, 2020 Page 4 public hearing, to April 27, 2020, at 7:00 p.m., as a virtual public hearing, and direct staff to provide all required public notice of such continuance and include necessary information for the public to be aware of the various virtual means of participating in said public hearing.” REPORT PREPARED/REVIEWED BY: Lauren Mikulak, Planning Manager Kenneth Johnstone, Community Development Director Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No. 05-2020 2. Planning Division Staff Report 3. Planning Commission Draft Meeting Minutes 4. Public Comment – Letter from Master Developer/Neighboring Property Owner 5. Affidavit of Publication ATTACHMENT 1 CITY OF WHEAT RIDGE INTRODUCED BY COUNCIL MEMBER STITES COUNCIL BILL NO. 05 ORDINANCE NO. 1687 Series of 2020 TITLE: AN ORDINANCE APPROVING AN AMENDMENT TO THE EXISTING PLANNED MIXED USE DEVELOPMENT (PMUD) ZONING TO INCREASE THE ALLOWABLE HEIGHT FOR HOSPITAL USES AT CLEAR CREEK CROSSING (CASE NO. WZ 19-10) 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, SCL Health submitted a land use application for approval of an amendment to the existing Planned Mixed Use Development (PMUD) zoning for property at Clear Creek Crossing; and, WHEREAS, the City of Wheat Ridge has adopted a Comprehensive Plan, Envision Wheat Ridge, which calls for the site to function as a mixed use regional destination including employment uses; and, WHEREAS, the existing zoning allows for a hospital but does not specifically contemplate height standards for hospital uses; and, WHEREAS, the zone change criteria support the request; and, WHEREAS, the City of Wheat Ridge Planning Commission held a public hearing on February 20, 2020 and voted to recommend approval of the application, NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Upon application by SCL Health for approval of an amendment to the existing Planned Mixed Use Development (PMUD) zoning at Clear Creek Crossing, 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: CLEAR CREEK CROSSING SUBDIVISION FILING NO. 2 AND OUTLOOK AT CLEAR CREEK CROSSIGN SUBDIVISION, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO Section 2. Vested Property Rights. Approval of this zone change does not create a vested property right. Vested property rights may only arise and accrue pursuant to the provisions of Section 26-121 of the Code of Laws of the City of Wheat Ridge. Section 3. Safety Clause. The City of Wheat Ridge hereby finds, determines, and declares that this ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this ordinance is necessary for the preservation of 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 6 to 0 on this 9th day of March 2020, ordered it published with Public Hearing and consideration on final passage set for Monday, April 13, 2020 at 7:00 o’clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado, rescheduled for __________________, 2020 as a virtual meeting, 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 , 2020. SIGNED by the Mayor on this day of , 2020. _________________________ Bud Starker, Mayor ATTEST: _________________________ Steve Kirkpatrick, City Clerk Approved as to Form _________________________ Gerald Dahl, City Attorney 1st publication: March 12, 2020 2nd publication: April 16, 2020 Wheat Ridge Transcript: Effective Date: May 1, 2020 Case No. WZ-19-10 / CCC Height Amendment 1 CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT REVIEW DATES: February 20, 2020 (Planning Commission) / April 13, 2020 (City Council) CASE MANAGER: Lauren Mikulak CASE NO. & NAME: WZ-19-10 / CCC Height Amendment ACTION REQUESTED: Request for approval of an amendment to the underlying zoning to increase the allowable height for hospital uses at Clear Creek Crossing LOCATION OF REQUEST: West of I-70 between Highway 58 and approximately 33rd Avenue APPLICANT (S): Davis Partnership Architects, on behalf of SCL Health OWNER (S): SCL Health and Evergreen Devco APPROXIMATE AREA: Approximately 109 acres PRESENT ZONING: Planned Mixed Use Development (PMUD) COMPREHENSIVE PLAN: Mixed-Use Commercial, Regional Commercial Center ENTER INTO RECORD: Comprehensive Plan Case File & Packet Materials Zoning Ordinance Digital Presentation Location Map (subject site outlined in red) ATTACHMENT 2 Case No. WZ-19-10 / CCC Height Amendment 2 JURISDICTION: All notification and posting requirements have been met; therefore, there is jurisdiction to hear this case. I. REQUEST The applicant is requesting to modify the underlying zoning to increase the allowable height for hospital uses. The property is zoned Planned Mixed Use Development (PMUD) and more specifically is subject to the Clear Creek Crossing Outlined Development Plan (ODP) and Design Pattern Book (DPB) which were approved by the City in 2018 (Case No. WZ-16-07). This request seeks to modify the maximum height standards only a portion of the property (Planning Area 1 only). Per Section 26-307 of the municipal code, any change to a development parameter within a planned development is processed the same as the original approval, meaning this request requires review at public hearings. Planning Commission will make a recommendation to City Council who is the final authority for approval. II. SURROUNDING LAND USES AND ZONING The subject property is commonly known as Clear Creek Crossing, and is located west of Interstate 70, south of Highway 58, and north of the existing development near 32nd Avenue. Properties surrounding Clear Creek Crossing have a variety of land uses and zoning designations. To the north is Clear Creek Trail. To the northwest are Coors water storage facilities; those within Wheat Ridge are zoned Planned Commercial Development (PCD). The Applewood Village Golf Course and a large-lot single-family home neighborhood are located to the west and southwest in unincorporated Jefferson County (Exhibit 1, Aerial). Within Wheat Ridge, directly south of the subject property, land uses are generally highway oriented and include a gas station, hotel, and restaurants, all zoned PCD. Interstate-70 abuts the property to the east and across I-70 to the east is the Applewood Village shopping center with various retail/restaurant uses (Exhibit 2, Zoning Map). III. PROPERTY HISTORY & PROPOSED ZONING Property History & Development Status Rezoning to a planned development in the City of Wheat Ridge involves a two-step process, and for the subject property, the 2018 approval of the ODP and DPB comprised the first step. These two regulatory documents establish the allowed uses and development standards for the property and establish access configurations for vehicles, pedestrians, and bicycles. While rare in Wheat Ridge, a design pattern book is common for developments of this size, for which formatting flexibility including photos and graphics are necessary to explain substantive development standards. The second step for development in a PMUD requires approval of Specific Development Plans (SDPs) for each building, lot, or phase. SDPs focus on specific details of a development such as architecture, site design, and landscaping. The Planning Commission is the final authority for approval of SDPs. In September 2019, the Commission approved the SDP for the multifamily component of the property at the north end of the site. Several other SDPs are at various stages of staff review and are expected to advance to public hearings in 2020. Case No. WZ-19-10 / CCC Height Amendment 3 In terms of infrastructure, Denver Water completed their construction of a new 80-inch water line in 2019, and hook ramp construction is well underway. The developer is also actively constructing Clear Creek Drive and W. 40th Avenue—the two primary public streets within the development. Planning Areas The approved zoning documents organize the subject site into eight “Planning Areas” (PAs) each with different permitted uses and development standards (Exhibit 3, Planning Areas). As the master developer, Evergreen Devco, has worked to develop the site and identify tenants for each planning area. The purpose and use of each planning area is described below: • PA 1: In zoning documents, this planning area is envisioned as a major employer. SCL Health (SCLH) purchased the land in 2018 and has started preliminary site planning. That effort has resulted in this request for increased height in PA 1. The request is further described below. • PA 2: The SDP for multifamily development was approved in 2019 and vertical construction is expected to start this spring. • PA 3: This planning area is envisioned as a walkable commercial area, and will include a mix of restaurant and retail uses across several buildings. Development of PA 3 will be phased and will include several SDPs, one of which is currently under review. • PA 4: This planning area is located on either side of the hook ramps and envisioned to have more highway- or auto-oriented uses. An SDP for a three-story bank/office building is currently under review for the north portion of PA 4. The south potion of PA 4 will accommodate two tenants. One of which, a gas station, has an SDP currently under review. • PA 5, 6, and 7: These planning areas are envisioned to have larger format land uses, such as larger retail users, entertainment uses, and hotels. There are no active SDP applications for these planning areas though they are expected in 2019. • PA 8: This planning area abuts Clear Creek and is not developable. It includes regional drainage facilities and will remain as open space. Planning Area 1 – Height Amendment This application is a request to increase the maximum allowable height to allow development of a medical campus on Planning Area 1. The applicant is seeking to construct a hospital building that is six (6) stories in height. Additionally they are requesting an allowance for a rooftop elevator and other auxiliary structures associated with a rooftop helipad. Under current zoning standards, the maximum permitted height in PA 1 is 90 feet for “primary employment uses.” While hospitals are a permitted use in the ODP in PA 1, the current zoning does not specifically contemplate a different height standard for a hospital use. The proposed amendment would modify the maximum building height in PA 1 by adding two new categories to the maximum height standards; those proposed categories are shown in red in the table below. There are no other changes to the zoning or to the ODP or DPB documents. Exhibit 4 is a redline version of page 25 of the Design Pattern Book; if the height amendment is approved, that page represents the only change to the zoning. Case No. WZ-19-10 / CCC Height Amendment 4 Maximum Building Height in PA 1 (Black text shows existing standards; red text denotes the proposed amendment by addition of two categories.) Commercial / Retail / Other Single Commercial Uses: 62’ – 0” Residential Uses: 65’ – 0” Primary Employment Uses: 90’ – 0” Mixed Use (Defined as Vertical Integration of Uses): 90’ – 0” Hospitals: 102’ – 0” Elevators and Entry Vestibules for Access to Rooftop Helipads on Hospitals: 135’ – 0” (limited to a maximum area of 2,500 sf) The proposed amendment is written as narrowly as possible so as not to increase the maximum height or other land uses or functions. The 102-foot height limit would accommodate a six-story hospital. The additional height for the elevator and vestibule is limited in size to the smallest possible footprint of 2,500 square feet. The applicant’s letter of request provides additional reasoning and also provides an illustration of the proposed rooftop equipment which is commonly associated with rooftop helipad functions (Exhibit 6, Applicant Submittals). IV. REVIEW CRITERIA As noted above, this amendment is processed in the same manner as the original approval, and as such is subject to the planned development review criteria outlined in Section 26-303.D. Planning Commission and City Council shall base their decision in consideration of the extent to which the following criteria are 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 change in maximum height is not expected to have a significant adverse effect on the surrounding area. The applicant has demonstrated that a rooftop helipad reduces impacts and improves safety as compared with a ground based facility (Exhibit 6, Applicant Submittals). They have also demonstrated that the increase in height for the main building will be nearly imperceptible. The additional height afforded to the elevator and vestibule will be located in the middle of the roof to minimize visibility. Planning Area 1 is closest to the interstate and the height is not expected to have a negative effect on surrounding planning areas or existing neighborhoods southwest of the project. When originally approved, the PMUD zoning was found to add value to the property and surrounding community by enabling a more robust, economically sustainable, and vibrant regional center. This change in height does not affect that finding. Staff concludes that this criterion has been met. Case No. WZ-19-10 / CCC Height Amendment 5 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. Hospital development in Wheat Ridge is allowed only within a planned development or mixed use zone district. The proposed height cannot be achieved through a variance and may only be achieved through an amendment to the development standards within the existing PMUD. 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. The applicant and master developer are responsible for installing and upgrading infrastructure to serve the development. They have been working with the appropriate service providers, including water, sanitation, and fire districts as well as dry utility companies. The change in height will not affect the ability for these providers to serve the property. Staff concludes that this criterion has been met. 4. At least one (1) of the following conditions exists: a. The change of zone is in conformance, or will bring the property into conformance, with the City of Wheat Ridge comprehensive plan goals, objectives and policies, and other related policies or plans for the area. The PMUD zoning is consistent with the City’s adopted plans, which have long called for a mixed used regional development on the site. The Comprehensive Plan designates this area as “mixed-use commercial” with a “regional commercial center” and employment uses. A hospital campus meets the goals of the comprehensive plan by serving as a regional destination and primary employment use. 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. There is no evidence of an error with the current Planned Mixed Use Development (PMUD) zoning designation as it appears on the City zoning maps. Staff concludes that this criterion is not applicable. c. A change of character in the area has occurred or is occurring to such a degree that it is in the public interest to encourage redevelopment of the area or to recognize the changing character of the area. The character of the area is changing as the mixed use vision of Clear Creek Crossing is being delivered. The current zoning allows for a wide range of uses in Planning Area 1. At the time Case No. WZ-19-10 / CCC Height Amendment 6 that the PMUD zoning was approved, SCL Health was a new partner to the project and was under contract to purchase PA 1. Based on subsequent planning work, SLCH has refined their needs for PA 1 and refined their vision for the services they are seeking to provide to the community. It is appropriate to recognize this evolution and establish a height standard that recognizes the unique needs of a hospital use. Staff concludes that this criterion has been met. d. The proposed rezoning is necessary in order to provide for a community need that was not anticipated at the time of the adoption of the City of Wheat Ridge comprehensive plan. The zoning still achieves the mixed use vision outlined by Envision Wheat Ridge. Neither the comprehensive plan nor the PMUD zoning, however, were detailed enough to recognize the unique needs of a hospital use. It is appropriate to recognize the use with a specific height standard. Staff concludes that this criterion has been met. Staff concludes that the criteria used to evaluate zone change support this request. V. NEIGHBORHOOD MEETING Prior to submittal of an application for a zone change, an applicant is required to hold a neighborhood input meeting in accordance with the requirements of section 26-109. A meeting for neighborhood input was held on October 23, 2019. Three (3) members of the public attended the meeting in addition to the applicant and staff. General questions were asked about the functionality and height of the hospital and helipad. The applicant addressed concerns regarding potential impacts and noise. A complete summary of the meeting is included in Exhibit 7, Neighborhood Meeting Notes. VI. AGENCY REFERRALS A referral was sent to service agencies who may be affected by the change in building height. There were no concerns expressed by the City of Wheat Ridge Engineering Division, City of Wheat Ridge Building Division, West Metro Fire Protection District, or Clear Creek Crossing Architectural Control Committee. Another referral will be made when a Specific Development Plan are submitted in the future. VII. STAFF CONCLUSIONS AND RECOMMENDATIONS Staff concludes that the proposed amendment to the zoning 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 the change in height does not affect the demand on public infrastructure. Finally, Staff concludes that the zone change is consistent with the goals and objectives of the Case No. WZ-19-10 / CCC Height Amendment 7 Comprehensive Plan and the existing zoning. It is appropriate to amend the zoning to recognize the unique needs of a hospital use. VIII. SUGGESTED MOTIONS Option A: “I move to recommend APPROVAL of Case No. WZ-19-10, a request for amendment to the underlying zoning to increase the allowable height for hospital uses at Clear Creek Crossing, for the following reasons: 1. The zoning promotes the health, safety and general welfare of the community and will not result in a significant adverse effect on the surrounding area. 2. The change in height does not affect the demand on public infrastructure. 3. The amendment is consistent with the goals and objectives of the Comprehensive Plan and purpose of underlying zoning. 4. It is appropriate to amend the zoning standards to recognize the unique needs of a hospital use.” Option B: “I move to recommend DENIAL of Case No. WZ-19-10, a request for amendment to the underlying zoning to increase the allowable height for hospital uses at Clear Creek Crossing, for the following reasons: 1. 2. …” Case No. WZ-19-10 / CCC Height Amendment 8 EXHIBIT 1: AERIAL Case No. WZ-19-10 / CCC Height Amendment 9 EXHIBIT 2: ZONING MAP Case No. WZ-19-10 / CCC Height Amendment 10 EXHIBIT 3: PLANNING AREAS Case No. WZ-19-10 / CCC Height Amendment 11 EXHIBIT 4: DPB REDLINE Case No. WZ-19-10 / CCC Height Amendment 12 Attached are submittals from the applicant, including: • Cover letter • Section view of proposed Clear Creek Crossing site • Section and aerial view from a different hospital project illustrating prototypical rooftop equipment • Photosimulations showing the proposed height EXHIBIT 5: APPLICANT SUBMITTALS SCLHealthClearCreekCrossingCampusͲWheatRidge,Colorado ODPAmendmentCoverLetter  January22,2020   PROJECTSUMMARY  Ownership/ApplicantInformation Landowner/Applicant: SistersofCharityofLeavenworthHealthSystemInc. 500EldoradoBoulevard,Suite4300 Broomfield,CO80021 Contact:BruceFong,(303)813Ͳ5130  ApplicantRepresentative DavisPartnershipArchitects 2901BlakeStreet,Suite100 Denver,CO80205 Contact:LynnMoore,(303)308Ͳ2532orCharleyMeyer,(303)308Ͳ2623   PurposeofRequest ThepurposeofthisrequestistoamendtheexistingClearCreekCrossingOutline DevelopmentPlan(ODP)toallowforincreasedheighttosupporttheneedsofa proposedhospitalfacilityonthe“PAͲ1,MillDistrict”SitewithintheoverallClear CreekCrossingdevelopment.  Currently,theapprovedODPallowsforamaximumbuildingheightof90’onthe property.Ourproposedefficientandeffectivehospitalfacilityemphasizesstacked floorplateswithinternalverticalcirculation(overhorizontal).Thisminimizespatient andstafftraveldistancesandresultsinmoreexpedientpatientcare.Additionally,the sitewherethehospitaldevelopmentisproposedtooccuriscompactinsizeanddoes notsupportagroundlevelhelipadsoweareproposingaroofͲtophelicopterlanding areathatisservedbyanelevationandvestibuledirectlyconnectingittocritical hospitalservices.  Toaccommodatetheabovefacility,weareproposingaheightof102’to dimensionallyaccommodatealloccupiedfloorsofthehospitalandthebuilding parapet.Thepatiententryvestibuleandelevatoroverrun/equipmentroomto supportaccesstothehelipadwillexceedthe102’buildingheightsoweareseeking additionalheightforthissmallareaofthebuilding.Werequestamaximumheight of135’foronlytheareawherethehelipad,elevatorandvestibulearelocatedonthe hospitalbuildingandhaveidentifiedthatthemaximumsize/areaofthisincreased heightislimitedtoatotalareaof2,500squarefeet.Inotherwords,the135’height willbelimitedbythisamendmenttoaverysmallportionoftheproperty. PleasereferencetheSectionDiagraminthisapplicationforspecificinformationon thelocationandareafortherequestedheights. SCLHealthClearCreekCrossingCampus–ODPAmendment January22,2020  2 HeightJustification:Foruseasadirectreference,includedwiththissubmittalisa pagefromtheconstructiondocumentsfortherecentlycompletedSt.JosephHospital inDenvershowingtheheightoftheelevatoroverrun&machine/equipmentroom aboveit.Theprojectwasconstructedin2013andisagoodexampleofwhatis proposedforClearCreekCrossing.Thedifferenceinheightbetweenthetopofthe parapetandthetopofthewalloftheelevatormachineroomatSt.Josephhospital is31’.TheproposedHospitalinClearCreekCrossinghassimilarneedsandweare requestingaheightof33’abovetheparapet.St.Josephhospitalwasdesigned8years ago,andelevatorsystemtechnologieschangeovertimesotheadditional2’ofheight providesuswithneededdesignflexibilitytoaccommodatecurrenttechnologiesand codeclearancerequirements.  Safety:Placingthehelipadontheroofofthehospitalisthesafestandmostefficient solutionformosthospitalsforseveralreasons,andmostcertainlyforthistightsite. Helipadroofplacementsupportsthemostexpedienttransferofpatientsfromthe helicoptertotheemergencyfacilitieswithinthehospital,whichisalwaysthehighest priority.Arooftophelipadisalsothesafestmethodforahelicoptertoaccessthe hospitalbecausetherearefewerverticalobstructionstonavigatewithonarooftop. Thisresultsinsafer/quickertakeͲoffsandlandingsandallowsforthehelicopterto takeͲoffintothewind,theoptimaldirectionforhelicopters.Pedestriansafetyisalso increasedwithrooftopversusgroundlevelhelipadsbecausetheyreducethe likelihoodofdangerousswirlingwindandairbornedebristhattypicallyoccursfrom therotorsatgroundlevel.  Noise:Impactstoneighboringdevelopmentfromnoisegeneratedbyhelicoptersis bettermitigatedbyhelipadsonarooftopthanthoseatgroundlevel.Aquicker takeoff/landingallowsfornoisefromthehelicoptertobeintheareaforalesser durationandwiththeelevatedheight,thenoisevolumeisreducedasthedistance adjacentpropertiesisincreased.Noisefromthehelicopterdoesnothavethe opportunitytoreverberateoffverticalsurfacesofthehospitalandbouncetoward adjacentpropertiesreducingthechancethatthesoundisamplifiedhorizontally towardanadjacentproperty.  Forthereasonsdescribedabove,webelievethatthisrequestedheightforavery smallportionofthebuildingisessentialtotheefficientplanninganddesignofastateͲ ofͲtheͲarthospitalfacilityfocusedonsavinglives. PleaseseetheattacheddrawingformtheSt.JosephHospitalconstructiondocuments describingthefunctionalheightneededabovetheparapettosupportarooftop helipad.   GeneralProjectConcept Theoverallvisionforthe26.93ͲacresitealongIͲ70intheClearCreekCrossing DevelopmentistocreateamedicalcampustoserveWheatRidgeresidentsandthe westmetrocommunity.Thisfacilitywillreplacetheexisting,agingLutheranMedical Center. SCLHealthClearCreekCrossingCampus–ODPAmendment January22,2020  3  Theinitialfacilitieswilllikelyincludea200Ͳbedhospitalplusshelledspacefor50 additionalbedswithservicessimilartoLutheranMedicalCenterandaseparate,freeͲ standingmedicalofficebuildingontheproperty.Thehospitalfacilitywillgenerally includealarger2Ͳstorybuildingofsharedserviceswitha4Ͳstorypatienttowerabove itforatotalof6stories.Thisbuildingmodel,typicaltootherfacilitiesintheDenver Metroareaandthemedicalindustry,iseffectiveandefficientinsupportingthe deliveryofhighͲqualitymedicalservicestocommunitieslikeWheatRidge.For comparison,LutheranMedicalCenteriscurrentlya6Ͳstoryhospital.  ParkingwillbeprovidedinbothsurfacelotsandinamultiͲstorystructure.Ahelipad forhelicoptersarriving/takingoffviathedefinedFAAtravelcorridors(typically highways)willbeprovidedontopofthepatienttower.  OutͲpatientfocusedmedicalofficefacilitieswillbedevelopedinphasesthroughout thepropertytoprovideconvenientcommunitymedicalservices.Typically,theseare constructedthroughagroundleasearrangementbythirdpartyprivatedevelopers independenttothemainhospital.Initialstudiesshowlandcapacitytosupport approximately100,000–200,000sfofoutͲpatientfacilities.  Asapointofreference,LutheranMedicalCenteriscurrentlya6Ͳstoryhospital. Becauseofitsage,thefloorͲtofloorheightsarelowerthanwhatisexpectedfor modernhospitalfacilities.Overthedecades,greatermechanicalandtechnology needs,alongwithchangesincoderequirements,haverequiredmorespacebetween floorstoprovidelifeͲsavinginfrastructureforpatientcare.Theapproximateincrease ofamodernhospitalfloorͲtoͲfloorheightisapproximately1Ͳ1/2feet.   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Yes Applicant: Bruce Fong, SCL Health Anne Lutz, SCL Health Steven Chyvng, SCL Health Lynn Moore, Davis Partnership Architects Charley Meyer, Davis Partnership Architects Applicant Present? Yes Existing Zoning: Planned Mixed Use Development (PMUD) Existing Comp. Plan: Regional Commercial Center, Mixed-Use Commercial Existing Site Conditions: The site is considered a part of the Clear Creek Crossing Planned Mixed Use Development (PMUD). It is located to the west of I-70 and east of the future Clear Creek Drive. The site is currently vacant, but was platted in 2018 and construction is underway on infrastructure within the overall development. At this point, the only development that has an approved Specific Development Plan (SDP) at the site is a multifamily development north of the future W. 40th Avenue and east of the future Clear Creek Drive. Applicant/Owner Preliminary Proposal: The applicant would like to create a medical campus to serve the Wheat Ridge and west Denver metro community on a 26.88-acre site along the west side of I-70 in the Clear Creek Crossing Development. The medical campus would be in Planning Area 1 (PA 1) of the PMUD. They envision the campus to initially consist of a hospital and a medical office building, with parking provided by surface lots and a multi-story parking structure. The hospital facility is proposed to be a total of 6 stories, typical to other hospital facilities in the Denver metro area and the medical industry. A helipad for helicopters EXHIBIT 6: NEIGHBORHOOD MEETING NOTES Case No. WZ-19-10 / CCC Height Amendment 14 arriving/taking off via defined Federal Aviation Administration (FAA) travel corridors (typically highways) is proposed on top of the main hospital building. The purpose of this request is to amend the existing Clear Creek Crossing PMUD Outline Development Plan (ODP) to increase the maximum building height of 90 feet to support the needs of the hospital facility. The proposed 102-foot building height shown in the site plans would accommodate all occupied floors of the hospital and the building parapet. Rooftop mechanical equipment, the patient entry vestibule, elevator overrun/equipment room to support access to the helipad, and rooftop antennae/FAA regulated safety apparatus will exceed the 102-foot building height. Therefore, the applicant is proposing to increase the maximum building height allowed to 135 feet to accommodate all the aforementioned features. The following is a summary of the neighborhood meeting: • In addition to the applicant and staff, 3 members of the public attended the neighborhood meeting, per the sign-in sheet. • Staff discussed the site and its zoning. • The applicant and members of the public were informed of the process for an ODP Amendment. • The members of the public were informed of their opportunity to make comments during the process and at the public hearings. • Meeting attendees were able to provide comments on the proposal. The following comments were made regarding the ODP Amendment and proposed development: • Does the helipad have to be that high? The sight area is tight and grounded helipads create increased risk for danger to the patients because they must then be transported from the helicopter into the building via an ambulance and/or stretcher. It is most efficient for the helipad to be located on the rooftop. • Doesn’t the rooftop helipad have higher impacts on the neighbors? Noise will largely be mitigated by the highway and being on the roof, as opposed to being on the ground which would be much louder. • How many flights are there per day? There are approximately 5 life flights per month at our current location, many which serve to transport patients to Children’s Hospital. • How often will we hear sirens from ambulances? Audible ambulances are only used when absolutely necessary. • If the height is not allowed to increase, would a helipad still be possible? Yes, but the design would not be as efficient and would likely have greater impacts because of the tight sight area. • How much of the building is proposed to be 135’ high? The elevator space is all that needs to be 135’ high, and that takes up about 2500 square feet. • Why does the building need to be 102’ high? Case No. WZ-19-10 / CCC Height Amendment 15 The building has been designed with greater floor heights for purposes of function, not more floors than what we have at our current location. It is not our intent to build bigger, but to simply relocate what we have now. • When do you expect the hospital to open? The hospital will likely open around March of 2024. • What is going to happen to the old hospital? The hospice center will most likely stay. We hope to be able to repurpose the North tower, which was built recently. Many of the office buildings on site are under separate ownership, and might stay depending on what that owner wants to do. In short, some portions will remain, but the hospital itself will close and relocate. Portions of the property will be sold. • Concerns were expressed related to noise and disruption to the neighborhood, especially because of ambulances and helicopters. SCL intends to work with the neighbors to minimize disruption. • This development is and will continue to increase traffic in our neighborhood. Once the barriers are down and roadways for the development are constructed, traffic will be largely mitigated. • Our neighborhood feels unprotected. Fencing, sound barriers, and walls are being addressed with the overall Clear Creek Crossing development. • Will you still see Coors brewery/views? Yes. • Why do you have to go vertical? The shape and geography of the lot create challenges. A ground helipad would not be nearly as efficient or safe for the patient. • Won’t this decrease our property values? The zoning already allows for a hospital, and nothing is proposed to change in terms of use. • Is there anything that can be done to mitigate sound? SCL will be as transparent as possible, and minimize the use of audible sirens as much as possible. We have a history of working with our neighbors at our current location, and intend to continue that positive and open relationship here. We rarely have concerns about noise from the residences surrounding our current location. • Consider sound barriers, enforced windows, and dust control for the neighbors as a negotiating factor in allowing this to happen. Prior to the neighborhood meeting, staff received 1 phone call from others in the area regarding the proposal. Should this proposal become a land use case, all written statements will be included in the case file, along with this meeting summary. Planning Commission Minutes – 1 –February 20, 2020 PLANNING COMMISSION Minutes of Meeting February 20, 2020 1.CALL THE MEETING TO ORDER The meeting was called to order by Chair OHM at 7:02 p.m. in the City CouncilChambers of the Municipal Building, 7500 West 29th Avenue, Wheat Ridge, Colorado. 2.ROLL CALL OF MEMBERS Commission Members Present:Melissa Antol Will Kerns Daniel Larson Janet Leo Scott Ohm Richard Peterson Jahi Simbai Vivian Vos Commission Members Absent: None Staff Members Present: Lauren Mikulak, Planning Manager Scott Cutler, Planner II Jordan Jefferies, Civil Engineer II Tammy Odean, Recording Secretary 3.PLEDGE OF ALLEGIANCE 4.APPROVE ORDER OF THE AGENDA It was moved by Commissioner PETERSON and seconded by Commissioner VOSto approve the order of the agenda. Motion carried 8-0. 5.APPROVAL OF MINUTES – February 6, 2020 It was moved by Commissioner SIMBAI and seconded by Commissioner LARSONto approve the minutes of February 6, 2020, as written. Motion carried 6-0-2 with Commissioners ANTOL and LEO abstaining. ATTACHMENT 3 Planning Commission Minutes – 4 – February 20, 2020 He also had concerns about parking and does not think the current and proposed sidewalks will match up. He also wanted to know if there will be a 6ft. privacy fence between the development and the residents on Jay Street. Ms. Mikulak mentioned that these are all site design issues and staff would be happy to share the site design plan in the office. She quickly shared that there will be parking on site with garages, parking adjacent to the commercial lot, and subterranean parking below the commercial building. She added the site plan is administratively approved and is compliant with all Mixed-Use zoning standards. It was moved by Commissioner LEO and seconded by Commissioner ANTOL to recommend APPROVAL of Case No. WS-18-04, a request for approval of a major subdivision on property located at 6230 W. 38th Avenue, for the following reasons: 1. All requirements of the subdivision regulations (Article IV) of the zoning and development code have been met. 2. All agencies can provide services to the property with improvements installed at the developer’s expense. With the following conditions: 1. Prior to recordation, the applicant shall pay the required fees-in-lieu of parkland dedication. 2. The developer shall enter into a Subdivision Improvement Agreement and a lot sale restriction covenant agreement prior to recordation of the subdivision plat. 3. Prior to issuance of building permits, the developer shall provide owner association covenants for review by staff. Motion carried 6-2 with Commissioner KERNS and VOS voting against. B. Case No. WZ-19-10: an application filed by Davis Partnership Architects, on behalf of SCL Health for approval of an amendment to the underlying zoning to increase the allowable height for hospital uses at Clear Creek Crossing. Commissioner SIMBAI disclosed he is on the Board for SCL Health. Ms. Mikulak asked if he would have any financial interest in this application and if he can remain impartial and fair in this decision-making process despite his participation on the SCL Health Board. Commissioner SIMBAI confirmed he has no financial gain due to this case and can remain impartial on the voting process. Based on these answers, Ms. Mikulak confirmed he is eligible to participate in the hearing and should not recuse himself. Planning Commission Minutes – 5 – February 20, 2020 Ms. Mikulak gave a short presentation regarding the amendment and the application. She entered into the record the contents of the case file, packet materials, the zoning ordinance, and the contents of the digital presentation. She stated the public notice and posting requirements have been met, therefore the Planning Commission has jurisdiction to hear this case. Commissioner SIMBAI asked if this amendment is approved does it change the Design Pattern Book or the Code. Ms. Mikulak explained that Planned Developments are not codified, but they are recorded and the Design Pattern Book is a recorded document so it will show up on title work. Commissioner LARSON wanted confirmation that this amendment applies only to this project and not the City’s Code. Ms. Mikulak confirmed this to be true and stated all Planned Development are property-specific and are separate from the City Code. Commissioner OHM asked what the underlying zoning is for this property and asked about the height standards in relation to other mixed use zone districts. Ms. Mikulak said the zoning is Planned Mixed Use Development (PMUD) and explained the point of reference are the four different Mixed-Use Developments. She also explained that this is an exempted area and it can exceed 50 feet in height. She explained how the maximum heights were established in the mixed use codes and why they don’t work for the hospital use. When the mixed use districts were written, there was a public process including visual preference surveys, and the community determined that 4-, 6-, and 8-story buildings were appropriate in those areas were more density was being encouraged. Working with industry experts, those story heights were translated in to maximum heights of 62/65, 90 and 118 feet respectively. Those height assumptions were based on office uses. A 6-story building for a hospital use has to be taller than 90 feet because of different building codes. Commissioner ANTOL inquired if the elevator is needed to access the helipad and if a noise study is necessary for helicopters. Ms. Mikulak mentioned the City does not have a noise requirement. She added it is preferable to have a helipad adjacent to the highway because they tend to follow highway corridors for flight. Commissioner LEO asked why the height issue is being addressed now instead of earlier. Planning Commission Minutes – 6 – February 20, 2020 Ms. Mikulak explained that during the Outline Development process there is no specific design plan. She added that during this ODP process there was a different hospital partner for part of the process. The applicant has now had the time to work through conceptual designs to determine their needs. If the height amendment is not approved then it will affect the applicant’s ability to provide the services they have envisioned and they may have to go back to the drawing board to figure out how this site will be designed. Steven Chyung, applicant 2541 S. Monroe St., Denver Mr. Chyung gave a brief history of SCL Health, the location of the project, and the visualization of why the height increase is being requested. He mentioned that by putting the helipad on the roof there will be noise reduction and it is the safest and easiest way to access the emergency room. He noted that the site is not a heliport (no elevator is stationed there) but will likely see an average of 5 helicopter trips per month. Commissioner LARSON asked if there is any aviation concerns about wind with the helipad being on the roof. Mr. Chyung mentioned that the helicopter can be oriented more quickly if put into the wind, which makes the takeoff more efficient. Commissioner VOS asked which direction the helicopter would take off in. Mr. Chyung explained it would depend on the wind direction and then the helicopter will orient over the highway. In response to a question from Commissioner VOS about the hospital’s setback from the interstate, Ms. Mikulak explained that is part of the final site plan design and will be decided at a later time, but the minimum setback established in the zoning is 5-feet per story and it is likely the hospital will exceed the minimum setback. Commissioner VOS then asked if the helipad could be placed on the parking garage. Mr. Chyung explained that the most efficient way for the patient to get to the OR and/or ER from the helicopter is in a direct vertical path from the hospital roof down into the OR/ER. Transporting a patient from a different building on the campus would not work. Commissioner VOS wanted to know the current height of the stories at Lutheran Hospital on 38th Avenue and the proposed height of the stories for the hospital at Clear Creek Crossing. Planning Commission Minutes – 7 – February 20, 2020 Bruce Fong, architect 500 Eldorado, Broomfield Mr. Fong said the current height of Lutheran Hospital stories is 12 to 13 feet per story and the proposed height at Clear Creek Crossing is 15 to 18 feet per story. He explained some of the contemporary medical equipment in ERs and OR that require taller ceiling heights. Commissioner KERNS asked how this hospital will have positive health outcomes for patients being so close to the I-70 Highway, due to noise, vibration and air quality. He expressed serious concerns about the hospital being sited so close to the interstate. Mr. Chyung said there will be better access to the hospital being adjacent to the highway. With regards to air and noise pollution, the hospital is built to take the pollutants out of the air and meet regulatory standards. Ms. Mikulak and Commissioner OHM reminded the Commission that the hospital is a permitted use and the purpose of this meeting is strictly to decide the height of the hospital. Commissioner OHM asked if the trauma level 3 designation will change with or without the helipad. Mr. Chyung said no the trauma level designation is not determined by the helipad. Tara Laventure, resident 13167 W. 33rd Ave., Golden Ms. Laventure mentioned her concerns are with air pollution from the active construction site, noise from the helicopter and the height of the building. Chair OHM closed the public forum and asked staff to respond to public comment. Ms. Mikulak explained the height of the hospital will be 102 feet with only the elevator portion on the roof being at 135 feet. She also clarified that noise is not addressed in the zoning code, it is considered a nuisance issue elsewhere in the code of laws and applies to all uses in the City. Noise is considered a nuisance if is sustained. Commissioner LARSON asked what the building timeline is for the hospital. Ms. Mikulak said she does not have that answer, but it will take longer because it is the largest portion of the property. Planning Commission Minutes – 8 – February 20, 2020 Commissioner LEO asked what the next steps are for the Planning Commission for Clear Creek Crossing. Ms. Mikulak said the review of the Specific Development Plans for this planning area and others would be the next step. In response to a question from Commissioner VOS regarding the impact on wildlife due to helicopters flying through the area, Ms. Mikulak mentioned there was an Environment Assessment done per federal regulations in association with the hook ramp infrastructure. Commissioner ANTOL asked about the timeline of the projects and what the importance is for having a helipad. Mr. Chyung explained that to be a licensed acute care hospital the requirement is a helipad. He confirmed the height is necessary to achieve the goals of the hospital campus. Commissioner VOS asked why they are reviewing the proposed height without a proposed site plan. Ms. Mikulak said is customary and appropriate to establish the development parameters, including the maximum height, so the applicant knows the parameters to which they are designing. Chair OHM called for a motion. It was moved by Commissioner KERNS and seconded by Commissioner VOS to recommend DENIAL of Case No. WZ-19-10, a request for amendment to the underlying zoning to increase the allowable height for hospital uses at Clear Creek Crossing, for the following reasons: 1. The siting and zoning does not promote the positive health outcomes and general welfare of hospital staff, patients and the community. 2. Noise and elevated ambient sound levels due to the adjacent freeway are unbefitting of a height increase for a hospital and associated health campus. 3. Vibration, including low, mid, and high resonant frequencies due to the adjacent freeway are unbefitting of a height increase for a hospital and associated health campus. 4. Air quality, including elevated levels of ultra-fine particulates, black carbon, nitrogen oxides, carbon monoxide, volatile organic compounds, and particle-bound polycyclic aromatic hydrocarbons (PPAH). Leading to respiratory infections, heart disease, COPD, stroke, asthma, reduced pediatric lung function, and lung cancer. These listed reason Planning Commission Minutes – 9 – February 20, 2020 are unbefitting of a height increase for a hospital and associated health campus. 5. It is not appropriate to amend zoning standards to recognize the unique needs of a hospital use at this site. There was no discussion. Motion failed 5-3 with Commissioners ANTOL, LARSON, OHM, PETERSON and SIMBAI voting against. Chair OHM called for an alternate motion. It was moved by Commissioner LARSON and seconded by Commissioner PETERSON to recommend APPROVAL of Case No. WZ-19-10, a request for amendment to the underlying zoning to increase the allowable height for hospital uses at Clear Creek Crossing, for the following reasons: 1. The zoning promotes the health, safety and general welfare of the community and will not result in a significant adverse effect on the surrounding area. 2. The change in height does not affect the demand on public infrastructure. 3. The amendment is consistent with the goals and objectives of the Comprehensive Plan and purpose of underlying zoning. 4. It is appropriate to amend the zoning standards to recognize the unique needs of a hospital use. There was no discussion. Motion carried 5-3 with Commissioners KERNS, LEO and VOS voting against. C. Case No. ZOA-20-02: an ordinance amending Chapter 26 of the Wheat Ridge Code of Laws pertaining to the design and plating of multifamily development and attached single family homes. Ms. Mikulak gave a short presentation regarding the ordinance and the application. She entered into the record the contents of the case file, packet materials, the zoning ordinance, and the contents of the digital presentation. She stated the public notice requirements have been met, therefore the Planning Commission has jurisdiction to hear this case. Commissioner PETERSON asked if the building footprint will remain the same with a lot line adjustment. www.evgre.com Arizona I California I Colorado I Utah March 30, 2020 Lauren Mikulak, AICP Planning Manager, Community Development Department City of Wheat Ridge 7500 W. 29th Avenue Wheat Ridge, CO 80033 RE: Case No. WZ-19-10 Dear Ms. Mikulak, On behalf of Evergreen-Clear Creek Crossing, L.L.C., the owner and developer of the Clear Creek Crossing project I am writing in support of the above-referenced zoning case, an application filed by Davis Partnership Architects on behalf of SCL Health, for approval of an amendment to the underlying zoning to increase the allowable height for hospital uses in Clear Creek Crossing. SCL Health purchased Clear Creek’s 26-acre employment site and is a very important partner in the success of this public-private partnership with the City of Wheat Ridge, which includes significant regional public infrastructure as part of the City’s “Investing 4 the Future” program. While we did not have a representative at the Planning Commission hearing on February 20, 2020, we reviewed the minutes from this meeting and discussed with the Applicant’s representative Lynn Moore, with Davis Partnership Architects, the details of their applications and support their request. We support SCL’s application for an ODP amendment for additional building height to support its programming requirements as well as an optimally located rooftop helipad for both safety and access. It is our understanding that a rooftop helipad optimizes access for a quick take-off/landing and minimizes the time the helicopter is in flight. A rooftop helipad offers a safer environment with less impact on Clear Creek Crossing and the Applewood neighborhood, as a ground-level helipad can create noise reverberation as well as the danger of flying debris. We support Planning & Zoning’s recommendation for this application’s approval by Wheat Ridge City Council on April 13, 2020. An approval of this ODP amendment is an important step in SCL Health’s site planning effort and future construction of a modern medical campus in the coming years in Clear Creek. Sincerely, Tyler Carlson Managing Principal cc: Jeff Wikstrom, Principal and Regional President - Evergreen Devco Steven Chyung, SVP Supply Chain and Real Estate – SCL Health Lynn Moore, Principal – Davis Partnership Architects ATTACHMENT 4 ATTACHMENT 5 ITEM NO: DATE: April 13, 2020 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 06-2020 – AN ORDINANCE APPROVING THE REZONING OF PROPERTY LOCATED AT 9800 W. 38TH AVENUE FROM RESIDENTIAL-ONE (R-1) TO PLANNED RESIDENTIAL DEVELOPMENT (PRD) WITH AN OUTLINE DEVELOPMENT PLAN (ODP) (CASE NO. WZ-19-07 / HARDI) PUBLIC HEARING ORDINACES FOR 1ST READING (03/09/2020) BIDS/MOTIONS ORDINANCES FOR 2ND READING (04/13/2020) RESOLUTIONS QUASI-JUDICIAL: YES NO _______________________________ __________________________________ Community Development Director City Manager ISSUE: The applicant is requesting approval of a zone change from Residential-One (R-1) to Planned Residential Development (PRD) with an Outline Development Plan for property located at 9800 W. 38 th Avenue (southeast corner of W. 38th Avenue and Johnson Street). The purpose of thisrequest is to prepare the property for the development of four (4) single-family homes and three(3) duplexes, for a total of ten (10) dwelling units. Prior to the April 13, 2020 public hearing, it was determined that one component of the required public hearing notification process was not properly completed. Specifically, the publication of notice in the Wheat Ridge Transcript, while accomplished, incorrectly stated that the meeting would be held in City Hall at 7500 W. 29th Avenue. Due to the COVID-19 City Hall closure that meeting had been changed to a virtual Zoom Webinar format. Notice of that change in venue was mailed to adjacent property owners, and reflected on the physical posting of the property; however, the Transcript published notice was not properly updated. Because a partial public notice has been accomplished, and likely parties will be anticipating being able to attend the virtual public hearing, and in order to extend the period for filing of 3 Council Action Form – Rezoning Property at 9800 W. 38th Avenue from R-1 to PRD April 13, 2020 Page 2 protests if desired (required to be filed before the start of the hearing), staff recommends that the Council act on April 13 to simply continue the agenda item to a date certain without opening the hearing itself. Accordingly, no staff presentation will be made and no applicant or public testimony be taken on this date. April 27 is recommended as the “date certain” as it is the next available City Council regular business meeting. PRIOR ACTION: Planning Commission heard the request at a public hearing on February 6, 2020 and recommended approval. The staff report and meeting minutes from the Planning Commission meeting are enclosed. FINANCIAL IMPACT: Fees in the amount of $1,186 were collected for the review and processing of Case No. WZ-19-07. If the development advances, next steps would include a Specific Development Plan, subdivision, and building permits; review fees, use tax, and parkland dedication fees would be paid as part of those processes. BACKGROUND: The subject property is located on the south side of W. 38th Avenue between Johnson Street and Iris Court and is currently vacant. It is 1.28 acres in size. Surrounding Land Uses Surrounding properties include a variety of land uses and zoning. Immediately to the west across Johnson Street is a vacant parcel zoned Planned Commercial Development (PCD), owned by the City of Wheat Ridge. Beyond that is a parcel zoned Commercial-One (C-1), which currently contains Appleridge Café. To the southwest of the site is Discovery Park. On the west side of Kipling Street is the recently developed Kipling Ridge shopping center with Sprouts and Starbucks as major tenants. To the east is the Meadow Haven Subdivision, zoned Residential-Two A (R-2A), consisting of mostly duplexes and a single-family home. To the south are properties zoned Residential-One (R-1), containing single-family homes on large lots. To the north, across W. 38th Avenue, are properties zoned Residential-Two (R-2), containing a mix of duplexes and single-family homes. Current and Proposed Zoning The property is currently zoned Residential-One (R-1) which permits low-density residential development with lot sizes at a minimum of 12,500 square feet and 100 feet wide. The applicant is requesting the property be rezoned to Planned Residential Development to facilitate the development of four (4) single-family homes and three (3) duplexes, for a total of ten (10) units. Because the site is over one (1) acre, City Code does not allow the property to be rezoned to a “straight zone district” such as R-2A or R-3 which could potentially accommodate the proposed type of development. Section 26-301.B.2 requires any application for a zone change for residential properties over one (1) acre in size to be to a planned development (PRD). Moreover, the site is an appropriate candidate for a planned development because of several unique Council Action Form – Rezoning Property at 9800 W. 38th Avenue from R-1 to PRD April 13, 2020 Page 3 features: it is trapezoidal in shape, it has a notable change in grade across the site, and it is positioned between 38th Avenue with various commercially zoned and developed properties and a low density neighborhood requiring it to serve as a transitional property. The purpose of a planned development is to encourage high quality design, appropriate use of land, and well-designed development. The benefits of a planned development includes the City’s ability to control architectural design (this is not the case under a straight residential zone district) and the ability for decision makers and the public to review the site and building design thorough a public process (again not the case under a straight residential zone district). In this case, the Outline Development Plan (ODP) limits the building types to single-family homes or duplexes and establishes setbacks, height allowances, parking requirements, architectural requirements, the character of development, and landscaping percentages. The proposed building heights are lower than currently allowed under the R-1 zoning and have larger perimeter setbacks on the east and south sides of the development which borders existing residential uses. The proposed buildings would be accessed from a shared alleyway that connects to W. 38th Avenue and Johnson Street. Duplexes would be located along W. 38th Avenue and the single-family homes would be located along the alleyway on the south half of the site. The proposed development serves as a transition between a similar residential density to the east, W. 38th Avenue, and the R-1 neighborhood to the south. A complete analysis of the zone change criteria and the ODP are included in the Planning Division staff report (attached). 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 sequential review of the ODP and SDP. If approved, the SDP would be subject to Planning Commission review and approval and the subdivision plat would be subject to Planning Commission and City Council review and approval. 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 9800 W. 38th Avenue from R-1 to PRD April 13, 2020 Page 4 Rezoning in Wheat Ridge is accomplished by ordinance (Charter Sec. 5.10; Code Section 26- 112). Ordinances require two readings, and by Charter, the public hearing takes place on second reading. Per City Code, the City Council shall use the criteria in Section 26-303 of the code to evaluate the applicant’s request for a zone change. A detailed Planning Commission staff report is enclosed with this criteria analysis, as well as additional information on the existing conditions and zone districts. Staff is recommending approval of this request. RECOMMENDED MOTION: “I move to continue Agenda Item No. 3, Council Bill No. 06-2020 – An ordinance approving the rezoning of property located at 9800 W. 38th Avenue from Residential-One (R-1) to Planned Residential Development (PRD) with an Outline Development Plan (ODP) (Case No. WZ-19-07/Hardi), including the public hearing, to April 27, 2020, at 7:00 pm, as a virtual public hearing, and direct staff to provide all required public notice of such continuance and include necessary information for the public to be aware of the various virtual means of participating in said public hearing.” REPORT PREPARED/REVIEWED BY: Scott Cutler, Planner II Lauren Mikulak, Planning Manager Kenneth Johnstone, Community Development Director Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No. 06-2020 2. Planning Commission Staff Report 3. Planning Commission Meeting Minutes 4. Affidavit of Publication 1 CITY OF WHEAT RIDGE INTRODUCED BY COUNCIL MEMBER WEAVER COUNCIL BILL NO. 06 ORDINANCE NO. 1688 Series of 2020 TITLE: AN ORDINANCE APPROVING THE REZONING OF PROPERTY LOCATED AT 9800 W. 38TH AVENUE FROM RESIDENTIAL-ONE (R-1) TO PLANNED RESIDENTIAL DEVELOPMENT (PRD) WITH AN OUTLINE DEVELOPMENT PLAN (ODP) (CASE NO. WZ-19-07 / HARDI) 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, Ardalan and Kim Hardi submitted a land use application for approval of a zone change to the Planned Residential Development (PRD) District for property at 9800 W. 38th Avenue; 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 underutilized properties in neighborhood areas; and, WHEREAS, the proposed development is compatible with the surrounding area, provides an appropriate transitional land use, and complies with the comprehensive plan; and, WHEREAS, the zone change criteria support the request; and, WHEREAS, the City of Wheat Ridge Planning Commission held a public hearing on February 6, 2020 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 Ardalan and Kim Hardi for approval of a zone change ordinance from Residential-One (R-1) to Planned Residential Development (PRD) for property located at 9800 W. 38th Avenue, and pursuant to the findings made based on testimony and evidence presented at a public hearing before the Wheat Ridge City Council, a zone change is approved for the following described land: A PARCEL OF LAND BEING A PORTION OF THE EAST 1/2 OF THE WEST 1/2 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 27, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL ATTACHMENT 1 2 MERIDIAN, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO MORE PARTICULARLY DESCRIBED AS FOLLOWS: BASIS OF BEARINGS: BEARINGS ARE BASED ON THE NORTH LINE OF THE NORTHWEST 1/4 OF SECTION 27 BEING N 89°39'35” E, CITY OF WHEAT RIDGE DATUM AND MONUMENTED AS FOLLOWS: -NORTHWEST CORNER OF SECTION 27, BEING A FOUND 3.25” ALUMINUM CAP IN RANGE BOX, PLS 29757, PER MON. REC. DATED 1-14-13, CITY OF WHEAT RIDGE DATUM CONTROL POINT NO. 15409. -NORTH 1/4 CORNER OF SECTION 27, BEING A FOUND 3.25” BRASS CAP IN RANGE BOX, PLS 13212, PER MON. REC. DATED 5-5-06, CITY OF WHEAT RIDGE DATUM CONTROL POINT NO. 15509. POINT OF COMMENCEMENT AT THE NORTHWEST CORNER OF SECTION 27; THENCE N 89°39'35" E ALONG THE NORTH LINE OF THE NORTHWEST 1/4 OF SAID SECTION 27 A DISTANCE OF 662.91 FEET; THENCE S 00°11'55" E A DISTANCE OF 30.00 FEET TO THE NORTHWEST CORNER OF MEADOW HAVEN SUBDIVISION, A SUBDIVISION RECORDED AT RECEPTION NO. 86051870 AND THE POINT OF BEGINNING; THENCE S 00°11'55" E ALONG THE WESTERLY LINE OF SAID MEADOW HAVEN SUBDIVISION AND THE EXTENSION THEREOF A DISTANCE OF 247.00 FEET TO A POINT ON THE NORTHERLY LINE OF WESTHAVEN SUBDIVISION, A SUBDIVISION RECORDED AT RECEPTION NO. 51495593; THENCE ALONG SAID NORTHERLY LINE OF WESTHAVEN SUBDIVISION THE FOLLOWING FOUR (4) COURSES: 1. N 84°09'48" W A DISTANCE OF 40.12 FEET; 2. N 66°49'07" W A DISTANCE OF 66.72 FEET; 3. N 70°16'31" W A DISTANCE OF 166.12 FEET; 4. N 43°14'39" W A DISTANCE OF 28.03 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF JOHNSON STREET; THENCE N 00°12'32" W ALONG SAID EASTERLY RIGHT-OF-WAY LINE A DISTANCE OF 138.53 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF WEST 38TH AVENUE; 3 THENCE N 89°39'35" E ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE OF WEST 38TH AVENUE A DISTANCE OF 276.48 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL CONTAINS AN AREA OF 55,957 SQUARE FEET, OR 1.2846 ACRES MORE OR LESS. 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 6 to 0 on this 9th day of March 2020, ordered it published with Public Hearing and consideration on final passage set for Monday, April 13, 2020 at 7:00 o’clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado, rescheduled for __________________, 2020 as a virtual meeting, 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 , 2020. SIGNED by the Mayor on this day of , 2020. __________________________ Bud Starker, Mayor ATTEST: _________________________ 4 Steve Kirkpatrick, City Clerk Approved as to Form __________________________ Gerald E. Dahl, City Attorney First Publication: March 12, 2020 Second Publication: April 16, 2020 Wheat Ridge Transcript Effective Date: May 1, 2020 Published: Wheat Ridge Transcript and www.ci.wheatridge.co.us Planning Commission 1Case No. WZ-19-07 / Hardi ODP CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT REVIEW DATES: February 6, 2020 (Planning Commission) / April 13, 2020 (City Council) CASE MANAGER: Scott Cutler CASE NO. & NAME: WZ-19-07 / Hardi ODP ACTION REQUESTED: Approval of a zone change from Residential-One (R-1) to Planned Residential Development with approval of an Outline Development Plan (ODP) for the development of four single-family homes and three duplexes. LOCATION OF REQUEST: 9800 W. 38th Avenue APPLICANT/OWNER (S): A&K Investments (Ardalan and Kim Hardi) APPROXIMATE AREA: 55,957 square feet (1.28 acres) PRESENT ZONING: Residential-One (R-1) COMPREHENSIVE PLAN: Neighborhood ENTER INTO RECORD: (X)CASE FILE & PACKET MATERIALS (X)COMPREHENSIVE PLAN(X) ZONING ORDINANCE (X)DIGITAL PRESENTATION Location Map Site ATTACHMENT 2 Planning Commission 2 Case No. WZ-19-07 / Hardi ODP JURISDICTION: All notification and posting requirements have been met; therefore, there is jurisdiction to hear this case. I. REQUEST Case No. WZ-19-07 is an application for approval of a zone change with an Outline Development Plan (ODP) for property located at 9800 W. 38th Avenue. The purpose of the request is to change the zoning from Residential-One (R-1) to Planned Residential Development (PRD) to allow for new residential development on the property comprised of 10 dwelling units, a combination of duplexes and single-family homes. Because the site exceeds one (1) acre in size, the only zone change option is to a planned development. 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 and pedestrians. 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. In this case, the applicant is requesting sequential review of the ODP and SDP. The ODP document requires public hearings before the Planning Commission and City Council, with the City Council being the final deciding body. If the ODP is approved, the applicant can apply for SDP approval. The SDP application will be heard at Planning Commission, who is the final deciding body for SDP approval. II. EXISTING CONDITIONS/PROPERTY HISTORY The site is located at 9800 W. 38th Avenue, just east of Kipling Street, at the southeast corner of 38th and Johnson Street (Exhibit 1, Aerial). The property is 55,957 square feet (1.28 acres), is unplatted, and is currently vacant. The subject property has roughly 275 feet of street frontage along W. 38th Avenue and 140 feet of street frontage along Johnson Street. The southern boundary of the property, which is angled from the southeast to the northwest, contains a drainageway that empties into Lena Gulch via an inlet on the City-owned property west of Johnson. The site has roughly 20 feet of fall from the front to the property to the rear, sloping from the northeast to the southwest. Surrounding properties include a variety of land uses and zoning (Exhibit 2, Zoning Map). Immediately to the west across Johnson Street is a vacant parcel zoned Planned Commercial Development (PCD), owned by the City of Wheat Ridge. Beyond that is a parcel zoned Commercial-One (C-1), which currently contains Appleridge Café. To the southwest of the site is Discovery Park. On the west side of Kipling Street is the recently developed Kipling Ridge shopping center with Sprouts and Starbucks as major tenants. To the east is the Meadow Haven Subdivision, zoned Residential-Two A (R-2A), consisting of mostly duplexes and a single-family home. To the south are properties zoned Residential-One (R-1), containing single-family homes on large lots. To the north, across W. 38th Avenue, are Planning Commission 3 Case No. WZ-19-07 / Hardi ODP properties zoned Residential-Two (R-2), containing a mix of duplexes and single-family homes. A map of the surrounding land uses, including the proposed land uses on the subject parcel, is shown in Exhibit 5, Surrounding Land Uses. The site has been on and off the market in recent years and the subject of numerous development inquiries. In 2018, an application for a Planned Residential Development was submitted by a different applicant and property owner. The proposal was for 8 duplexes for a total of 16 dwelling units. That ODP was supported by staff, recommended for approval by Planning Commission, but did not receive enough positive votes to overcome a legal protest at City Council. 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 sheet 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 access, open space, and lots. As noted above the ODP is a property-specific zoning document that establishes the underlying development standards. These are described below, would run with the land if approved, and cannot be changed without going through a subsequent zone change process. Allowable Uses Uses permitted per the ODP are duplexes, single family homes, open space, and accessory uses (home occupations and household pets). Detached accessory structures such as sheds are not permitted. RV and boat storage are also not allowed. Site Configuration The ODP depicts a 10-unit development, with 4 single-family homes and 3 duplexes. Two access points are proposed. Vehicular access is to be gained from two points: a curb cut on 38th Avenue at the east of the site, and a curb cut on Johnson Street. Garages will face this alleyway which will bisect the site. A sidewalk is included along this alleyway for pedestrian access. In early designs, including at the Neighborhood Meeting, the applicant proposed one point of access only on 38th Avenue, but due to the need for guest parking and more importantly the need for fire access, two points of access are required. A large landscaped tract is shown on the southern portion of the site which will accommodate additional open space as well as drainage detention. No structures could be built in this area. Development Standards Setbacks – The following setbacks are proposed on Page 2 of the ODP: Proposed Front setback (38th Avenue) 20 feet Boundary setbacks (east side and south side) 20 feet Interior Side setbacks 7.5 feet (single-family) 3 feet (duplex garage) 15 feet (duplex residence) Interior Rear setbacks 5 feet from drainage tract Planning Commission 4 Case No. WZ-19-07 / Hardi ODP The proposed setbacks prioritize buffering from existing residential properties to the south and east. The 38th Avenue setback preserves front yards and a residential character. With the above setback requirements, the buildable portion for each lot is shown on Page 2 of the ODP. The setbacks will result in a large side yard for the duplex at the corner of 38th Avenue and Johnson Street, true front yards along W. 38th Avenue, and a large protected side setback along the east and south property lines. Single-family lot sizes range from approximately 3,100 square feet to 7,800 square feet. The lot schematic provided on Page 2 of the ODP shows a typical footprint of a single-family home and duplex on a lot with setbacks shown. The setbacks will limit the overall size of the duplexes and width of the single-family homes. Density and Unit Type– The proposed density is 7.81 units per acre (10 units over 1.28 acres), which is more than the current R-1 zoning which allows up to 3.5 units per acre, but far less than the maximum for Planned Developments, which is 21 units per acre. Given the frontage on W. 38th Avenue, a minor arterial, it is appropriate for the density to serve as a transition between the busy roadway and the R-1 neighborhood to the south. The density is consistent with the neighborhood to the east which includes 5 duplexes (10 units) clustered around Iris Court. The applicant originally envisioned townhomes on the site, but modified the design based on feedback from the neighborhood meeting and in an effort to achieve compatibility with the existing neighborhoods Exhibit 5, Surrounding Land Uses. The proposed duplexes and single-family homes are an appropriate land use situated between existing duplexes to the north and east, single-family homes to the south, and commercially zoned property directly to the west across Johnson. If this ODP is approved, an SDP with more than 10 units could not be approved on this site. This ODP will limit this site to a maximum of 10 units, even if the developer changes in the future. Any increase in density or unit count would require a new rezoning application and review. Parking – The ODP states that all units shall have two-car garages, and the site as a whole shall include 38 on-site spaces (20 two-car garage spaces, 14 driveway spaces, and 4 additional on-site spaces) which is an average of 3.8 spaces per unit. On-street parking will be allowed on Johnson Street adjacent to the site providing an additional 2 spaces, such that the site fully complies with the standard residential requirement of 4 spaces per unit. Building height – Maximum building height is limited to 25 feet for duplexes, except the two end units which will be 30 feet. End units are slightly taller because of the topography of the site. Single-family homes will be limited to 28 feet tall. These are significantly lower than the City’s standard 35-foot height limit, effectively limiting the structures to two stories. Architecture – The ODP proposes enhanced facades along 38th Avenue, Johnson Street, and the east façade of the eastern duplex. No adjacent structures can have the same elevation. An aggregated minimum of 30% masonry is required on the front facades. Front doors of the duplexes will be oriented to 38th Avenue. The City does not have architectural standards for single-family homes or duplexes, so this proposal exceeds the City’s requirement. Open space – All lot landscaping shall conform to Section 26-502 of the Municipal Code. Each duplex and single-family lot is required to be 25% landscaped with 100% of the front yard (excluding driveways and sidewalks) landscaped. In addition an open space and drainage tract is being provided which dedicates approximately 11% of the site as additional open space land. Planning Commission 5 Case No. WZ-19-07 / Hardi ODP Code compliance – In all other areas, the project is proposed to comply with the zoning code including lighting, fencing, streetscape design, and setback encroachments. Drainage The Engineering Division has no concerns with the Preliminary Drainage Plan & Letter. On-site detention will be provided to capture runoff from new impervious surfaces and to capture any historical runoff flows. An underground detention pond is proposed under the guest parking area at the west of the site. A full drainage report and final design will be required at the time of SDP application. Traffic Traffic from the proposed development is not anticipated to have an impact on traffic in the neighborhood. There are a small number of units and the two entrances will help disburse traffic. The amount of trips generated by this development is calculated by a standardized method that utilizes the Institute of Transportation Engineers (ITE) Trip Generation Manual to determine the number of trips based on a proposed land use and number of units. The amount of trips generated by this development would fall well below the requirement for any additional traffic studies or modifications to surrounding streets such as additional turn lanes or traffic signals. 7-8 vehicle trips are expected in the AM peak hour, and 9-10 vehicle trips are expected in the PM peak hour. This is far below the threshold for additional traffic analysis, which is 60 trips in the peak hour. W. 38th Avenue is classified as a principal arterial, and average daily traffic counts on 38th Avenue in this area range from 10,000 to 13,000. The trips added by this project will not affect the operations of W. 38th Avenue. Separate from this project, the City has budgeted for improvements to the 38th and Kipling intersection in 2020, including an additional left turn lane. IV. ZONE CHANGE CRITERIA Staff has provided an analysis of the zone change criteria outlined in Section 26-303.D. The applicant also provided a response to the criteria (Exhibit 6, Applicant Letter). 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 compatible in terms of 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 large setbacks, reduced building heights, and open space tract will help reduce impacts of the development and again promote compatibility. The proposed zoning complies with safety and access requirements of the fire district and Engineering Division standards. The project will not result in significant adverse effects on the surrounding area. The proposed single-family and duplex zoning arguably provides a more compatible land use for the area than alternatives allowed under the current R-1, as the majority of surrounding uses are already duplexes, and it provides a transition to the more intensive commercial uses to the west (Exhibit 5, Surrounding Land Uses). Planning Commission 6 Case No. WZ-19-07 / Hardi ODP The development to the east on Iris Court is zoned Residential-Two A (R-2A) and consists of 10 units on approximately 1.5 acres. The proposed ODP consists of 10 units on approximately 1.28 acres, only slightly denser. While the proposed ODP is denser than the R-1 zoned single-family neighborhood to the south on W. 37th Avenue, denser development is typically located along arterials to serve as a transitional land use. The positioning of single family homes on the south side of promotes an even smoother transition. The site has been vacant for many years, and over the last decade has served as a construction staging area several times for nearby capital improvement projects. The proposed zoning and subsequent investment are an appropriate use and will not have an adverse effect. 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-1 zoning would allow up to four single-family homes on the property when looking solely at the land area, but redevelopment of four lots under R-1 would be impossible without variances due to the size, shape, and topography of the site. It is likely that any development under R-1 would require variances or a PRD zoning to facilitate development. The applicant desires a mix of duplexes and single-family homes to be more compatible with the surrounding uses, which would not be possible under the R-1 zoning. Because the site is over one (1) acre, City Code does not allow it to be rezoned to a “straight zone district” such as R-2A or R-3 which could potentially accommodate the proposed type of development. Section 26-301.B.2 requires any application for a zone change for residential properties over one (1) acre in size to be to a planned development (PRD). 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 reduced building height and enhanced architecture and landscaping not normally required in other zone districts, including R-1, R-2, and R-2A. 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. Exact requirements will be imposed at time of the SDP and subdivision plat review. 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 7 Case No. WZ-19-07 / Hardi ODP 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, and age-restricted facilities; the area already has a diversity of housing options. The proposed mix of duplexes and single-family homes on this site 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” designation encompasses the 38th Avenue corridor east of Johnson Street. West of Johnson Street, it is designated as “mixed-use commercial” and “primary commercial corridor”, plus “community commercial center” at the intersection of 38th Avenue and Kipling Street, which is only 350 feet from this site. The neighborhood area encourages improvement of underutilized properties, including small-scale residential redevelopment in areas with increasing incompatibility of uses. A large vacant property within a block of the Kipling corridor and intensive commercial uses is arguably incompatible and in need of investment. The proposed zone change is consistent with the neighborhood designation, and the 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 Kipling corridor to the duplexes and single-family neighborhoods to the east and south of the site. Large swaths of the City currently designated as “neighborhood” contain duplexes or even denser development such as triplexes or small apartment complexes. This application is fully in compliance with the comprehensive plan by its proposed investment in a vacant site, by providing housing options, and by its compatibility with the adjacent neighborhoods. 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 seen an increasing mix of housing types and densities, as well as additional commercial redevelopment. The investments and changes complement the diversity of land uses in the area and strengthen the residential and commercial markets. Multiple development sites are located within 1,000 feet of this location, including a duplex plat that was approved by Planning Commission 8 Case No. WZ-19-07 / Hardi ODP City Council at 10191 W. 38th Avenue in 2019 and a site plan for a commercial building at 10040 W. 38th Avenue that has been administratively approved. 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. 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 October 3, 2019. Eighteen (18) 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. In response to comments made at the neighborhood meeting, the applicant reduced the total number of units by two (from 12 to 10) and changed the townhomes to duplexes to reduce impacts on the neighborhood. Public noticing is required prior to public hearings. If any comments are provided prior to the Planning Commission public hearing on February 6, they will be entered into the record and distributed to Commissioners at the public hearing. Comments collected on Wheat Ridge Speaks will also be reviewed by Planning Commissioners and entered into the public record. 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 Engineering Division: No concerns with the ODP. Access configuration is supported as is preliminary drainage. Wheat Ridge Economic Development: No comments at this time. West Metro Fire Protection District: No objections, can serve. Consolidated Mutual Water District: No objections, can serve. Westridge Sanitation District: No objections, can serve. Planning Commission 9 Case No. WZ-19-07 / Hardi ODP Xcel Energy: No objections, can serve. Century Link: No comments. Comcast: No comments. IX. STAFF CONCLUSIONS AND RECOMMENDATION Staff has concluded that the proposed rezoning and Outline Development Plan are consistent with the zone change criteria. Because the requirements for an ODP have been met and the review criteria support the ODP, a recommendation for approval is given. X. SUGGESTED MOTIONS – ZONE CHANGE (ODP) Option A: “I move to recommend APPROVAL of Case No. WZ-19-07, a request for approval of a zone change from Residential-One (R-1) to Planned Residential Development (PRD) with an Outline Development Plan (ODP) for property located at 9800 W. 38th Avenue, for the following reasons: 1. The proposed zone change will promote the public health, safety, or welfare of the community and does not result in an adverse effect on the surrounding area. 2. The proposed zone change is consistent with the goals and objectives of the City’s Comprehensive Plan. 3. The proposed zoning, density, and land use are consistent with the intent of a planned development, compatible with surrounding land uses, and will result in a high-quality development. 4. The infrastructure in the area can support the development. 5. The criteria used to evaluate a zone change support the request. Option B: “I move to recommend DENIAL of Case No. WZ-19-07, a request for approval of a zone change from Residential-One (R-1) to Planned Residential Development (PRD) with an Outline Development Plan (ODP) for property located at 9800 W. 38th Avenue, for the following reasons: 1. 2. 3. …” Planning Commission 10 Case No. WZ-19-07 / Hardi ODP EXHIBIT 1: AERIAL Planning Commission 11 Case No. WZ-19-07 / Hardi ODP EXHIBIT 2: ZONING MAP Planning Commission 12 Case No. WZ-19-07 / Hardi ODP Attached as an 11x17 document on the following page. EXHIBIT 3: OUTLINE DEVELOPMENT PLAN D R A W N B Y : C H E C K E D B Y : D A T E : R E V I S I O N : C O P Y R I G H T 2 0 1 9 T h i s d o c u m e n t i s a n i n s t r u m e n t o f s e r v i c e , a n d a s s u c h r e m a i n s t h e p r o p e r t y o f t h e E n g i n e e r . P e r m i s s i o n f o r u s e o f t h i s d o c u m e n t i s l i m i t e d a n d c a n b e e x t e n d e d o n l y b y w r i t t e n a g r e e m e n t w i t h L & L E n g i n e e r i n g , L L C . NATHAN LAUDICK, PE 419.203.5000 NATHAN@LAUDICKENG.COM DENVER, CO Contact: U T I L I T Y N O T I F I C A T I O N C E N T E R L & L E N G I N E E R I N G A S S U M E S N O R E S P O N S I B I L I T Y F O R U T I L I T Y L O C A T I O N S . T H E U T I L I T I E S S H O W N O N T H I S D R A W I N G H A V E B E E N P L O T T E D F R O M T H E B E S T A V A I L A B L E I N F O R M A T I O N . I T I S , H O W E V E R , T H E C O N T R A C T O R ' S R E S P O N S I B I L I T Y T O F I E L D V E R I F Y T H E L O C A T I O N O F A L L U T I L I T I E S P R I O R T O C O N S T R U C T I O N . 0 2 O F 0 1 1 " = 5 0 ' N A L N A L C O V E R S H E E T 1 0 / 2 1 / 2 0 1 9 B B 1 8 - 0 0 1 8 0 0 1 - C O V E R S H E E T . d w g ARDALAN HARDI HARDI SUBDIVISION 9800 W. 38TH AVE., WHEAT RIDGE, CO 80033 CONTACT: ARDALAN HARDIPHONE: (303) 912-4337EMAIL: ARDALANH27@GMAIL.COMCIVIL ENGINEER V I C I N I T Y M A P S I T E A P O R T I O N O F T H E N W 1 / 4 O F N W 1 / 4 O F S E C T I O N 2 7 , T O W N S H I P 3 S O U T H , R A N G E 6 9 W E S T 6 T H P . M . C I T Y O F W H E A T R I D G E , C O U N T Y O F J E F F E R S O N , S T A T E O F C O L O R A D O HARDI SUB D I V I S I O N P L A N N E D R E S I D E N T I A L D E V E L O P M E N T AN OUTLINE D E V E L O P M E N T P L A N I N T H E C I T Y O F W H E A T R I D G E A PARCEL OF LAND BEING A PORTION OF THE EAST 1/2 OF THE WEST 1/2 OF THE NORTHWEST 1/4 OF THENORTHWEST 1/4 OF SECTION 27, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN,CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO MORE PARTICULARLY DESCRIBED ASFOLLOWS:BASIS OF BEARINGS: BEARINGS ARE BASED ON THE NORTH LINE OF THE NORTHWEST 1/4 OF SECTION 27BEING N 89°39'35” E, CITY OF WHEAT RIDGE DATUM AND MONUMENTED AS FOLLOWS:-NORTHWEST CORNER OF SECTION 27, BEING A FOUND 3.25” ALUMINUM CAP IN RANGE BOX, PLS 29757,PER MON. REC. DATED 1-14-13, CITY OF WHEAT RIDGE DATUM CONTROL POINT NO. 15409.-NORTH 1/4 CORNER OF SECTION 27, BEING A FOUND 3.25” BRASS CAP IN RANGE BOX, PLS 13212, PERMON. REC. DATED 5-5-06, CITY OF WHEAT RIDGE DATUM CONTROL POINT NO. 15509.POINT OF COMMENCEMENT AT THE NORTHWEST CORNER OF SECTION 27;THENCE N 89°39'35" E ALONG THE NORTH LINE OF THE NORTHWEST 1/4 OF SAID SECTION 27 A DISTANCE OF662.91 FEET;THENCE S 00°11'55" E A DISTANCE OF 30.00 FEET TO THE NORTHWEST CORNER OF MEADOW HAVENSUBDIVISION, A SUBDIVISION RECORDED AT RECEPTION NO. 86051870 AND THE POINT OF BEGINNING;THENCE S 00°11'55" E ALONG THE WESTERLY LINE OF SAID MEADOW HAVEN SUBDIVISION AND THEEXTENSION THEREOF A DISTANCE OF 247.00 FEET TO A POINT ON THE NORTHERLY LINE OF WESTHAVENSUBDIVISION, A SUBDIVISION RECORDED AT RECEPTION NO. 51495593;THENCE ALONG SAID NORTHERLY LINE OF WESTHAVEN SUBDIVISION THE FOLLOWING FOUR (4) COURSES:1.N 84°09'48" W A DISTANCE OF 40.12 FEET;2.N 66°49'07" W A DISTANCE OF 66.72 FEET;3.N 70°16'31" W A DISTANCE OF 166.12 FEET;4.N 43°14'39" W A DISTANCE OF 28.03 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OFJOHNSON STREET;THENCE N 00°12'32" W ALONG SAID EASTERLY RIGHT-OF-WAY LINE A DISTANCE OF 138.53 FEET TO A POINTON THE SOUTHERLY RIGHT-OF-WAY LINE OF WEST 38TH AVENUE;THENCE N 89°39'35" E ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE OF WEST 38TH AVENUE A DISTANCE OF276.48 FEET TO THE POINT OF BEGINNING.THE ABOVE DESCRIBED PARCEL CONTAINS AN AREA OF 55,957 SQUARE FEET, OR1.2846 ACRES MORE OR LESS.SEE SHEET 2 OF 2 FOR DEVELOPMENT STANDARDS SURVEYORSURVEY 303, LLCCONTACT: CHRIS MCELVAIN, PLS5368 LYNN DR.ARVADA, CO 80002PHONE: (303) 514-3668 OWNER / DEVELOPER S H E E T I N D E X S h e e t N u m b e r S h e e t T i t l e 0 1 C O V E R S H E E T 0 2 P R E L I M I N A R Y S I T E P L A N LAUDICK & LAUDICK ENGINEERING1150 DELAWARE ST., SUITE 104DENVER, CO 80204CONTACT: NATHAN LAUDICK, PEPHONE: (419) 203-5000EMAIL: NATHAN@LAUDICKENG.COM T H E B E L O W S I G N E D O W N E R ( S ) , O R L E G A L L Y D E S I G N A T E D A G E N T ( S ) T H E R E O F , D O H E R E B Y A G R E E T H A T T H E P R O P E R T Y L E G A L L Y D E S C R I B E D H E R E O N W I L L B E D E V E L O P E D A S A P L A N N E D D E V E L O P M E N T I N A C C O R D A N C E W I T H T H E U S E S , R E S T R I C T I O N S A N D C O N D I T I O N S C O N T A I N E D I N T H I S P L A N , A N D A S M A Y O T H E R W I S E B E R E Q U I R E D B Y L A W . I ( W E ) F U R T H E R R E C O G N I Z E T H A T T H E A P P R O V A L O F A R E Z O N I N G T O P L A N N E D D E V E L O P M E N T , A N D A P P R O V A L O F T H I S O U T L I N E D E V E L O P M E N T P L A N , D O E S N O T C R E A T E A V E S T E D P R O P E R T Y R I G H T . V E S T E D P R O P E R T Y R I G H T S M A Y O N L Y A R I S E A N D A C C R U E P U R S U A N T T O T H E P R O V I S I O N S O F S E C T I O N 2 6 - 1 2 1 O F T H E W H E A T R I D G E C O D E O F L A W S . A R D A L A N H A R D I , P R E S I D E N T - A & K I N V E S T M E N T S S T A T E O F C O L O R A D O C O U N T Y O F J E F F E R S O N T H E F O R E G O I N G I N S T R U M E N T W A S A C K N O W L E D G E D B E F O R E M E T H I S D A Y O F , A . D . 2 0 B Y . W I T N E S S M Y H A N D A N D O F F I C I A L S E A L . M Y C O M M I S S I O N E X P I R E S : N O T A R Y P U B L I C O W N E R S C E R T I F I C A T E HARDI SUBDIVISION PROPERTY DESCRIPTION - ZONING: A P P R O V E D T H I S D A Y O F , A . D . 2 0 B Y W H E A T R I D G E C I T Y C O U N C I L . A T T E S T C I T Y C L E R K M A Y O R C I T Y C E R T I F I C A T I O N R E C O M M E N D E D F O R A P P R O V A L T H I S D A Y O F , A . D . 2 0 B Y W H E A T R I D G E P L A N N I N G C O M M I S S I O N . C H A I R P E R S O N P L A N N I N G C O M M I S S I O N C E R T I F I C A T I O N S T A T E O F C O L O R A D O ) ) S S C O U N T Y O F J E F F E R S O N ) I H E R E B Y C E R T I F Y T H A T T H I S P L A N W A S F I L E D I N T H E O F F I C E O F T H E C O U N T Y C L E R K A N D R E C O R D E R O F J E F F E R S O N C O U N T Y A T G O L D E N , C O L O R A D O , A T O ' C L O C K . M . O N T H E D A Y O F , 2 0 A . D . I N B O O K , P A G E , R E C E P T I O N N O . . J E F F E R S O N C O U N T Y C L E R K A N D R E C O R D E R B Y : D E P U T Y C O U N T Y C L E R K A N D R E C O R D E R S C E R T I F I C A T E I, CHRISTOPHER H. MCELVAIN, DO HEREBY CERTIFY THAT THE SURVEY OF THEBOUNDARY OF HARDI SUBDIVISION WAS MADE BY ME OR UNDER MY DIRECTSUPERVISION AND TO THE BEST OF MY KNOWLEDGE, INFORMATION AND BELIEF, INACCORDANCE WITH ALL APPLICABLE COLORADO STATUTES, CURRENT REVISEDEDITION AS AMENDED, THE ACCOMPANYING PLAN ACCURATELY REPRESENTS SAIDSURVEY.CHRISTOPHER H. MCELVAIN, PLS 36561, FOR AND ON BEHALF OF SURVEY303, LLC SURVEYOR'S CERTIFICATE T H E P L A N N E D R E S I D E N T I A L D E V E L O P M E N T W I L L E N H A N C E A N U N D E R U T I L I Z E D I N F I L L S I T E N E A R T H E I N T E R S E C T I O N O F 3 8 T H A N D K I P L I N G . T H E D E V E L O P M E N T W I L L P R O M O T E P E D E S T R I A N C O N N E C T I V I T Y A N D I N T E R A C T I O N W I T H T H E S U R R O U N D I N G C O M M U N I T I E S A N D C O M M E R C I A L C E N T E R S . I T W I L L P R O V I D E S I N G L E - F A M I L Y D E T A C H E D A N D D U P L E X U N I T T Y P E S A N D M E E T S T H E C I T Y O F W H E A T R I D G E C O D E R E Q U I R E M E N T S O F S E C T I O N 2 6 - 3 0 1 C . T H E P R O P O S E D D E V E L O P M E N T I S A T R A N S I T I O N A L C O M M U N I T Y D E S I G N E D T O A L L O W B U F F E R I N G A N D D E N S I T Y T R A N S I T I O N F R O M T H E C O M M E R C I A L C E N T E R T O T H E W E S T A N D T H E D U P L E X E S T O T H E N O R T H A N D E A S T T O T H E L O W E R D E N S I T Y S I N G L E F A M I L Y N E I G H B O R H O O D T O T H E S O U T H . T H E N E I G H B O R H O O D F E A T U R E S A U N I Q U E C H A R A C T E R W I T H A V A R I E T Y O F A R C H I T E C T U R A L D E S I G N S W H I L E I N C L U D I N G A V A R I E T Y O F M A T E R I A L S T H A T M E E T W H E A T R I D G E ' S A R C H I T E C T U R A L G U I D E L I N E S . M A T E R I A L S A N D C O L O R P A L E T T E S W I L L B E D E T E R M I N E D I N T H E S P E C I F I C D E V E L O P M E N T P L A N . S I N G L E - F A M I L Y U N I T S W I L L B E L I M I T E D T O T W O S T O R I E S , A N D T H E D U P L E X E S W I L L B E A M I X O F R A N C H A N D T W O - S T O R Y W I T H B A S E M E N T S . T H E C O M M U N I T Y W I L L F E A T U R E E N T R Y S I G N A G E W I T H T R E E S A N D L A N D S C A P I N G . T H E P E D E S T R I A N F R I E N D L Y N E I G H B O R H O O D A L L O W S C O N V E N I E N T A C C E S S T O B U S R O U T E S O N W 3 8 T H A V E . E A C H U N I T W I L L H A V E A T W O C A R G A R A G E , A C C E S S T O O N - S I T E P A R K I N G , A N D O N S T R E E T P A R K I N G W I L L B E P R O V I D E D O N J O H N S O N S T . S H A R E D V I S I T O R P A R K I N G W I L L A L S O B E P R O V I D E D O N S I T E . C H A R A C T E R O F N E I G H B O R H O O D : P R O J E C T L A N D U S E T A B L E U S E O P E N S P A C E / D R A I N A G E T R A C T S S H A R E D P A R K I N G A N D D R I V E A C R E S ± 0 . 1 4 ± 0 . 2 6 ± 0 . 8 7 2 9 T H I S O U T L I N E D E V E L O P M E N T P L A N I S C O N C E P T U A L I N N A T U R E . S P E C I F I C D E V E L O P M E N T E L E M E N T S S U C H A S S I T E L A Y O U T A N D B U I L D I N G A R C H I T E C T U R E H A V E N O T B E E N A D D R E S S E D O N T H I S D O C U M E N T . A S A R E S U L T , A S P E C I F I C D E V E L O P M E N T P L A N M U S T B E S U B M I T T E D A N D A P P R O V E D B Y T H E C I T Y O F W H E A T R I D G E P R I O R T O T H E S U B M I T T A L O F A R I G H T - O F - W A Y O R B U I L D I N G P E R M I T A P P L I C A T I O N A N D A N Y S U B S E Q U E N T S I T E D E V E L O P M E N T . O D P N O T E : P E R C I T Y O F W H E A T R I D G E S I T E D R A I N A G E R E Q U I R E M E N T S , W A T E R Q U A L I T Y F E A T U R E S M A Y B E L O C A T E D T H R O U G H O U T T H E S I T E , A N D A D E T E N T I O N F A C I L I T Y I S P R O P O S E D T O B E L O C A T E D I N T H E S O U T H W E S T C O R N E R O F T H E P R O P E R T Y . A F I N A L D R A I N A G E R E P O R T , D E S I G N , A N D E A S E M E N T S H A L L B E P R O V I D E D W I T H T H E S U B D I V I S I O N P L A T . T H E H O A W I L L B E R E S P O N S I B L E F O R M A I N T E N A N C E . D R A I N A G E C O N S I D E R A T I O N S : P R O P E R T Y L I E S O U T S I D E O F T H E 1 0 0 - Y E A R F L O O D P L A I N . F L O O D P L A I N T H I S P R O J E C T I S A N T I C I P A T E D T O H A V E O N L Y O N E P H A S E , H O W E V E R F U T U R E P H A S I N G , I F R E Q U I R E D , W I L L N O T R E Q U I R E A M E N D M E N T T O T H I S P L A N . P H A S I N G : C A S E # : W Z - 1 8 - 0 9 C A S E # : W Z - 1 9 - 0 7 C A S E H I S T O R Y : 1.INTENT:1.1.THIS PLANNED RESIDENTIAL DEVELOPMENT DISTRICT (PRD) ISESTABLISHED TO PROVIDE FOR A QUALITY RESIDENTIAL NEIGHBORHO O D , CONSISTING OF SINGLE FAMILY HOMES AND DUPLEXES THAT ARECOMPATIBLE WITH ADJACENT EXISTING RESIDENTIAL AND OPEN SPAC E USES.2.USES:2.1.ALLOWED USES2.1.1.SINGLE FAMILY DWELLING2.1.2.DUPLEX DWELLINGS2.1.3.OPEN SPACE2.2.ACCESSORY USES2.2.1.HOME OCCUPATION2.2.2.HOUSEHOLD PETS2.2.3.QUASI-PUBLIC AND PUBLIC UTILITY LINES, STORM DRAINAGE,SANITARY SEWER AND WATER SUPPLY FACILITIESDETACHED ACCESSORY STRUCTURES ARE NOT ALLOWED.RV AND BOAT STORAGE ARE NOT ALLOWED.ALLOWED USES: T O T A L P R O J E C T S I Z E ( N E T ) ± 1 . 2 7 2 9 % 1 1 . 0 1 2 0 . 4 2 6 8 . 5 7 1 0 0 D I R E C T O R O F C O M M U N I T Y D E V E L O P M E N T P R I V A T E L O T S M A X I M U M D W E L L I N G U N I T S : 1 0 1 1 / 2 2 / 1 9 - 2 N D O D P S U B M I T T A L 1 2 / 1 9 / 1 9 - 3 R D O D P S U B M I T T A L W. 38th AVENUEPublic Right-of-Way Varies ( P a v e d ) JOHNSON STREET50' Wide Public Right-of-Way (Paved) Lot 4-B of Meadow Haven Sub. Lot 1 of Meadow Haven Sub. L o t 1 1 , B l o c k 1 , W e s t h a v e n Lot 12, Block 1, Westhaven IRIS COURT 40' Wide Public Right-of-Way (Paved) Lot 4-A of Meadow Haven Sub. L o t 1 0 L o t 9 - B ALLEY : 1 1 11178.95 S Q F T 0.26 AC R E S OPEN SPACE - DRAINAGE : 126177.86 SQ FT0.14 ACRESSF : 13086.10 SQ FT0.07 ACRESSF : 2 3983.27 S Q F T 0.09 AC R E S S F : 3 4 9 1 8 . 1 6 S Q F T 0 . 1 1 A C R E S S F : 4 7 8 2 0 . 1 6 S Q F T 0 . 1 8 A C R E S DUP : 83429.74 SQ FT0.08 ACRES DUP : 93394.61 SQ FT0.08 ACRES D U P : 6 3 4 5 4 . 6 0 S Q F T 0 . 0 8 A C R E S D U P : 5 1 8 1 9 . 3 4 S Q F T 0 . 0 4 A C R E S DUP : 102769.13 SQ FT0.06 ACRES D U P : 7 3 4 1 9 . 6 1 S Q F T 0 . 0 8 A C R E S 52.75'70.69' 88.63' 108.88' 4 0 . 1 2 ' 4 0 9 . 8 5 ' L=15.6925.83'75.55'75.83'76.11' 76.38' 76.66' 1 7 . 3 0 ' 12.26'50.00' 5 0 . 0 0 ' 1 1 . 4 6 ' 50.0 0 ' 37.07'44.53'45.46' 4 4 . 5 3 ' 4 5 . 4 6 ' 59.21' 129.16' 137.98' 246.00' 4 0 . 1 2 ' 6 6 . 7 2 ' 108.88' 166.12' 88.63' 70.69'52.75'53.18'53.1 9 ' 1 7 . 9 7 ' 3 6 . 0 6 ' 2 8 . 8 2 ' 3 6 . 2 5 ' 15.08' 38.83'30.00'65.35'26.93'45.16'44.83' 4 5 . 1 7 ' 4 4 . 8 3 ' 3 3 . 4 9 ' 92.94' L = 2 7.59 19.00'36.00'19.00'14.20' L = 3 7 . 4 5 3 3 . 4 9 ' 2 4 . 5 8 ' 6 . 9 7 ' R - 2 A R - 2 A R - 2 A R - 1 R - 1 R-1 R-2PCD R - 1 AA D R A W N B Y : C H E C K E D B Y : D A T E : R E V I S I O N : C O P Y R I G H T 2 0 1 9 T h i s d o c u m e n t i s a n i n s t r u m e n t o f s e r v i c e , a n d a s s u c h r e m a i n s t h e p r o p e r t y o f t h e E n g i n e e r . P e r m i s s i o n f o r u s e o f t h i s d o c u m e n t i s l i m i t e d a n d c a n b e e x t e n d e d o n l y b y w r i t t e n a g r e e m e n t w i t h L & L E n g i n e e r i n g , L L C . NATHAN LAUDICK, PE 419.203.5000 NATHAN@LAUDICKENG.COM DENVER, CO Contact: U T I L I T Y N O T I F I C A T I O N C E N T E R L & L E N G I N E E R I N G A S S U M E S N O R E S P O N S I B I L I T Y F O R U T I L I T Y L O C A T I O N S . T H E U T I L I T I E S S H O W N O N T H I S D R A W I N G H A V E B E E N P L O T T E D F R O M T H E B E S T A V A I L A B L E I N F O R M A T I O N . I T I S , H O W E V E R , T H E C O N T R A C T O R ' S R E S P O N S I B I L I T Y T O F I E L D V E R I F Y T H E L O C A T I O N O F A L L U T I L I T I E S P R I O R T O C O N S T R U C T I O N . 0 2 O F 0 2 1 " = 2 0 ' N A L N A L P R E L I M I N A R Y S I T E P L A N 1 0 / 2 1 / 2 0 1 9 B B 1 8 - 0 0 1 8 0 0 1 - O D P S I T E P L A N - 1 0 - H A R D I . d w g ARDALAN HARDI HARDI SUBDIVISION 9800 W. 38TH AVE., WHEAT RIDGE, CO 80033 L E G E N D A P O R T I O N O F T H E N W 1 / 4 O F N W 1 / 4 O F S E C T I O N 2 7 , T O W N S H I P 3 S O U T H , R A N G E 6 9 W E S T 6 T H P . M . C I T Y O F W H E A T R I D G E , C O U N T Y O F J E F F E R S O N , S T A T E O F C O L O R A D O HARDI SUB D I V I S I O N P L A N N E D R E S I D E N T I A L D E V E L O P M E N T AN OUTLINE D E V E L O P M E N T P L A N I N T H E C I T Y O F W H E A T R I D G E N S W E D E V E L O P M E N T S T A N D A R D S : 1 . U S E A R E A S : a . T H E P R O J E C T A R E A S H A L L B E U T I L I Z E D F O R D U P L E X A N D S I N G L E F A M I L Y H O M E S . 2 . S I N G L E F A M I L Y M A X I M U M H E I G H T : 2 8 F E E T 3 . D U P L E X M A X I M U M H E I G H T 3 . 1 . D U P 5 & D U P 1 0 : 3 0 F E E T 3 . 2 . D U P 6 - D U P 9 : 2 5 F E E T 4 . P R O J E C T M A X I M U M D E N S I T Y : 1 0 U N I T S 5 . M I N I M U M S E T B A C K S ( M E A S U R E D T O F O U N D A T I O N ) a . 3 8 T H A V E S E T B A C K = 2 0 ' b . S I N G L E F A M I L Y S I D E S E T B A C K = 7 . 5 ’ O R 2 0 ' F R O M P R O J E C T B O U N D A R Y c . S I N G L E F A M I L Y R E A R S E T B A C K = 2 0 ' F R O M P R O J E C T B O U N D A R Y , 5 ' F R O M D R A I N A G E T R A C T d . D U P L E X S I D E S E T B A C K = 3 ’ T O G A R A G E , 1 5 ' T O R E S I D E N C E e . S E T B A C K A T S H A R E D D U P L E X W A L L = 0 ' f . D U P L E X R E A R / A L L E Y S E T B A C K = 0 ' g . S I N G L E F A M I L Y A L L E Y S E T B A C K = 0 ' h . M I N I M U M B U I L D I N G S E P A R A T I O N = 1 5 ' i . M I N I M U M G A R A G E S E P A R A T I O N F O R D U P L E X E S = 6 ' j . B U I L D I N G S E T B A C K E N C R O A C H M E N T S A R E P E R M I T T E D I N C O N F O R M A N C E W I T H S E C T I O N 2 6 - 6 1 1 O F T H E W H E A T R I D G E M U N I C I P A L C O D E . 6 . P A R K I N G a . O F F - S T R E E T P A R K I N G : A L L H O M E S S H A L L H A V E T W O - C A R G A R A G E S . b . T O T A L P R O J E C T P A R K I N G C O U N T I S 3 8 S P A C E S . 2 0 T W O C A R G A R A G E S P A C E S , 1 4 D R I V E W A Y S P A C E S , A N D 4 O N S I T E P A R K I N G S P A C E S . 5 . 1 V I S I T O R P A R K I N G : a . P R O J E C T T O P R O V I D E A M I N I M U M O F 4 O N S I T E P A R K I N G S P A C E S I N A D D I T I O N T O D R I V E W A Y P A R K I N G . b . O F F S T R E E T P A R K I N G S P A C E S ( 2 ) C R E A T E D O N J O H N S O N S T R E E T . 7 . L A N D S C A P I N G : a . T H E O P E N S P A C E T R A C T S H A L L R E M A I N L A N D S C A P E D A N D A V A I L A B L E F O R U S E O F A L L R E S I D E N C E S . b . A L L L O T L A N D S C A P I N G S H A L L B E I N C O N F O R M A N C E W I T H S E C T I O N 2 6 - 5 0 2 L A N D S C A P I N G R E Q U I R E M E N T S O F T H E C I T Y O F W H E A T R I D G E C O D E O F L A W S . 8 . E X T E R I O R L I G H T I N G : A L L L I G H T I N G S H A L L B E I N C O N F O R M A N C E W I T H S E C T I O N 2 6 - 5 0 3 E X T E R I O R L I G H T I N G O F T H E C I T Y O F W H E A T R I D G E C O D E O F L A W S . 9 . S I G N A G E : A L L S I G N A G E S H A L L B E I N C O N F O R M A N C E W I T H A R T I C L E V I I S I G N C O D E O F T H E C I T Y O F W H E A T R I D G E C O D E O F L A W S , E X C E P T A S F O L L O W S F O R F R E E S T A N D I N G S U B D I V I S I O N S I G N . a . M A X I M U M N U M B E R : 1 b . M A X I M U M S I G N A R E A : 3 6 S . F . c . M I N I M U M S E T B A C K : 0 ’ ( S H A L L N O T I N T E R F E R E W I T H S I G H T D I S T A N C E T R I A N G L E ) d . M A X I M U M H E I G H T : 5 ’ 1 0 . F E N C I N G : A L L F E N C I N G S H A L L B E I N C O N F O R M A N C E W I T H S E C T I O N 2 6 - 6 0 3 F E N C I N G O F T H E C I T Y O F W H E A T R I D G E C O D E O F L A W S . 1 1 . A R C H I T E C T U R A L A N D S T R E E T S C A P E D E S I G N a . S T R E E T S C A P E D E S I G N S H A L L B E I N C O N F O R M A N C E W I T H T H E S T R E E T S C A P E D E S I G N M A N U A L . b . S I N G L E F A M I L Y A N D D U P L E X A R C H I T E C T U R E : b . a . F A C A D E S F A C I N G 3 8 T H A V E . & J O H N S O N S T . P U B L I C R . O . W . A N D T H E E A S T F A C A D E O F D U P L E X L O T 5 S H A L L U T I L I Z E T H E S A M E A R C H I T E C T U R A L T R E A T M E N T S A S F R O N T F A C A D E S . b . b . N O T W O A D J A C E N T S T R U C T U R E S S H A L L U T I L I Z E T H E S A M E A R C H I T E C T U R A L L Y D E T A I L E D E L E V A T I O N . b . c . A N A G G R E G A T E D M I N I M U M O F 3 0 % M A S O N R Y O F B R I C K , B R I C K V E N E E R , S T U C C O , S T O N E , S T O N E V E N E E R , S Y N T H E T I C S T O N E , O R O T H E R A P P R O V E D M A S O N R Y M A T E R I A L S S H A L L B E A P P L I E D O N F R O N T E L E V A T I O N S A N D S I D E S F A C I N G P U B L I C R O W S O R O P E N S P A C E . b . d . F R O N T D O O R S S H O U L D B E O R I E N T E D T O W A R D S T H E 3 8 T H A V E P U B L I C R I G H T - O F - W A Y . T Y P I C A L J O H N S O N S T R E E T S E C T I O N S E C T I O N A - A ALLEYALLEY38TH AVEGARAGEGARAGEGARAGEWALKWALKWALKDUPLEX RESIDENCEDUPLEX RESIDENCESINGLE FAMILYRESIDENCEDUPLEX LOT SCHEMATICNOTE: DUPLEX LOT 5 & 10 WILL HAVE NODRIVEWAY PARKING AND UTILIZE A TUCK UNDERGARAGE DUE TO LOT CONSTRAINTS SINGLE FAMILY LOT SCHEMATICNOTE: SINGLE FAMILY LOT 1 WILL HAVE NODRIVEWAY PARKING DUE TO LOT CONSTRAINTS WALK 1 1 / 2 2 / 1 9 - 2 N D O D P S U B M I T T A L 1 2 / 1 9 / 1 9 - 3 R D O D P S U B M I T T A L 0 1 / 0 6 / 2 0 - 4 T H O D P S U B M I T T A L G:\Shared drives\Projects\2018\BB18-001 - 38th & Kipling\ODP\8001 - ODP SITE PLAN-10-HARDI.dwg, 1/6/2020 2:36:35 PM, PDF.pc3 Planning Commission 14 Case No. WZ-19-07 / Hardi ODP The following is an excerpt from the Structure Map within the Comprehensive Plan. EXHIBIT 4: COMPREHENSIVE PLAN Subject Property W. 37th Ave W. 38th Ave Ki p l i n g S t Jo h n s o n S t Planning Commission 15 Case No. WZ-19-07 / Hardi ODP This diagram is intended to show the surrounding land uses and how the proposed PRD would align with the adjacent uses. EXHIBIT 5: SURROUNDING LAND USES Planning Commission 16 Case No. WZ-19-07 / Hardi ODP ODP Application Request Hardi Subdivision Project Description: The Planned Residential Development will enhance an underutilized infill site near the intersection of 38th and Kipling. The development will promote pedestrian connectivity and interaction with the surrounding communities and commercial centers. It will provide a variety of unit types, including single family homes and duplexes, and meets the City of Wheat Ridge Code requirements of Section 26-301C. The proposed development is a transitional community designed to allow buffering and density transition from the commercial center to the west and the duplexes to the north and east. The neighborhood features a unique character with a variety of architectural designs. Homes will feature traditional architectural design while including a variety of materials that meet Wheat Ridge’s architectural guidelines. The development features a communal landscaped open space allowing residents to enjoy the natural beauty of the area, which creates community synergy. Materials and color palettes will be predetermined in the Specific Development Plan to affirm consistent streetscapes. The community will feature entry signage with trees and landscaping. The pedestrian friendly neighborhood allows convenient access to bus routes on W 38th Ave Criteria for Review: We believe that 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 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. We have contacted Consolidated Mutual and Westridge Sanitation District and they have facilities that border the west and north sides of the site. We will have to bring water and sanitary internally into the site to serve the proposed homes. We believe we meet three of the conditions of 26-303.D.4 being: a. The change of zone is in conformance, or will bring the property into conformance with, the City of Wheat Ridge comprehensive plan goals, objectives and policies, and other city- approved policies or plans for the area. This area is shown to be a recreation and commercial center, and a higher density project fits well into both of those use categories. 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. As stated above, the development in the area including the commercial center with the Sprouts, the new MorningStar Assisted Living and Memory Care, Starbucks, Wheat Ridge Recreation Center, etc. creates a public interest for a pedestrian friendly development that takes advantage of the nearby amenities. 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. We believe a rezone in necessary to take advantage of the investment made at the busy 38th & EXHIBIT 6: APPLICANT LETTER Planning Commission 17 Case No. WZ-19-07 / Hardi ODP Kipling intersection. These units will be perfect starter homes for young families and professionals who seek out low maintenance living, and people who attach high value in being able to walk for most of their daily needs. The millennial generation is also adopting mass transit use at a higher rate than other generations, which is perfect because of the sites proximity to the RTD bus line. Zone Change Justifications: A zone change is needed to that this underutilized infill site can be a medium density development for the owners to take advantage of all the nearby amenities without needing to use their cars. The present and future affect will be good on the nearby communities as this new development will bring young educated professionals and families into the area to help support the commercial and residential communities. The project will be serviced by public facilities and services including fire, police, roadways, parks, schools, etc. There will be added load to the water and sanitation facilities, but there is adequate capacity for the project. Stormwater will be detained and treated to match or improve upon existing discharge rates. This project will be accessed from either 38th Ave or Johnson St. It is projected the project will add approximately 1% contribution to traffic counts on 38th Ave. Because of the dedicated turn lane on 38th Ave, no turn restrictions from Johnson or 38th Ave are predicted to be needed at this time. Sincerely, Ardalan and Kim Hardi Planning Commission 18 Case No. WZ-19-07 / Hardi ODP NEIGHBORHOOD MEETING NOTES Meeting Date: October 3, 2019 Attending Staff: Stephanie Stevens, Senior Planner Scott Cutler, Planner II Location of Meeting: City of Wheat Ridge City Hall – Council Chambers Property Address: 9800 W. 38th Avenue Property Owner(s): Ardalan Hardi Kim Orttel Hardi Property Owner(s) Present? Yes Applicant: Ardalan Hardi & Kim Hardi, Christine Simcox Applicant Present? Yes Existing Zoning: Residential-One (R-1) Existing Comp. Plan: Neighborhood; Community Commercial Center Existing Site Conditions: The property is located at the southeast corner of W. 38th Avenue and Johnson Street and is currently vacant land. There is only one parcel that makes up the property. According to the Jefferson County Assessor’s Office, it measures 55,957 square feet (1.285 acres) and is unplatted. The southern boundary of the property, which is angled from the southeast to the northwest, currently contains a drainageway that empties into Lena Gulch via an inlet on the City-owned property west of Johnson. The site has roughly 20 feet of fall from the front of the property to the rear, sloping from the northeast to the southwest. The property is currently zoned Residential-One (R-1). Surrounding properties include a variety of land uses. Immediately to the west across Johnson Street is a vacant parcel zoned PCD, owned by the City of Wheat Ridge. Beyond that parcel is a property zoned C-1, containing the Appleridge Café. To the southwest is the City of Wheat Ridge’s Discovery Park. On the other side of Kipling Street is the recently developed Kipling Ridge development that includes Sprouts and Starbucks. To the east is the Meadow Haven Subdivision, zoned R-2A, consisting of single family and duplex residences. To the south are properties zoned R-1 containing single family homes. To the north, across W. 38th Avenue, are properties zoned R-2. EXHIBIT 7: NEIGHBORHOOD MEETING Planning Commission 19 Case No. WZ-19-07 / Hardi ODP A land use application was put forth last year to rezone this site from R-1 to Planned Residential Development (PRD) to allow for duplexes (16 units total) with smaller setbacks. The case was ultimately denied at a City Council hearing in July of 2018. Applicant/Owner Preliminary Proposal: The applicant would like to rezone the property to Planned Residential Development (PRD) to allow for 4 single-family homes and 8 townhome units. The applicant has owned the property since 2018. The site plan presented showed the 8 townhome units in one building along W. 38th Avenue. A private drive connecting to 38th Avenue on the east side would allow access to all units. The 4-single family homes would be on the south side of the drive, with backyards acting as a buffer to the south. Each unit would contain a 2-car garage, and the single-family homes would have driveways for additional parking. A parking lot was also provided on-site for additional parking, in response to previous concerns about parking in this area. No connection would be made to Johnson Street. The single- family homes would be 2 stories, and the townhomes would be 2 stories on the 38th Avenue side, and 3 stories on the private drive side to allow for tuck-under garages. The following is a summary of the neighborhood meeting: • In addition to the applicant and staff, approximately 18 members of the public attended the neighborhood meeting, per the sign-in sheet. • Staff discussed the site and its zoning. • The applicant and members of the public were informed of the process for a Planned Development. • The members of the public were informed of their opportunity to make comments during the process and at the public hearings. • Meeting attendees were able to provide comments on the proposal. The following comments were made regarding the PD request and proposed development: • How were parking issues resolved from the previous proposal? The application is different because there are fewer units (now 12) and a parking lot was added on the west side of the project to account for additional parking needs. Each unit will have a two car garage and the single-family homes also have driveways for additional parking. The applicant and ownership is also different from the 2018 proposal. • How tall will the units be? The single-family homes will be 2 stories; basements may or may not be included. The townhomes will be 2 stories as viewed from 38th Avenue, with tuck-under garages facing the internal street/alley so from that southern side they will appear as 3 stories. • Where will water detention be? The property slopes to the west side and an underground water detention facility is proposed under the parking lot. The existing flow of the drainage will collect in the facility under the parking lot. • What is the sale price of the units? Not sure at this time because it depends on building costs and the economy. Possibly 450-500k but unsure due to multiple factors. • Will the units be owner-occupied? Planning Commission 20 Case No. WZ-19-07 / Hardi ODP Opportunities for owner-occupancy is the goal, and each unit will be for-sale from the start. The applicant stated they intend to own the single-family home in the southeast corner as a way to downsize from their current home at 34th Place and Kipling. • How long have you lived in the area? The applicant has lived at 34th Place and Kipling since 2002, and their kids went to Wheat Ridge High School. • How large will the units be? The single-family homes will be 1,500 to 1,800 square feet, closer to 1,800. • Is the property under contract? The applicant already owns the property. • What are the proposed setbacks from 38th Avenue for the townhomes? Setbacks are currently shown at 15 to 20 feet, and may be refined through the application process. The PRD zoning allows for negotiation from the standard setbacks. Due to the slope of the site, some units will be closer to 15 feet and others will be set back 20 feet. Staff noted each zone district has different setbacks. • There were concerns about snow and ice on 38th Avenue that would be amplified by additional development in the area. • There was a positive comment regarding the lack of an entrance onto Johnson Street. • Why can’t the property stay R-1? Staff explained that a Planned Residential Development may still be necessary even when developing under the R-1 density allowances due to the topography of the site, wedge shape, access issues. PRDs also allow for cohesive development standards, including architectural and open space, that straight zone districts like R-1 do not guarantee. • Further comments were made about developing under R-1 or rezoning to R-2. Concerns were raised about the compatibility of the site with the surrounding neighborhood. • Why don’t the townhomes have green space? Could they be broken up so there is more green space between the units or in the front yards? There are tradeoffs because larger spaces between the units may require the elimination of additional parking, which was also raised as a previous concern. The applicant stated their goal was to develop 12 units on the site at about 9 units to the acre. They liked the idea of enhanced open space and discussed their ideas for enhanced landscaping along 38th Avenue. • Concerns were raised about the “domino effect” of zone changes. • The applicant stated that the property has a history of code enforcement issues and is currently a vacant lot. They believe developing it will improve the value of the corridor and neighborhood and will contribute positively to property values. • Does the PRD circumvent the R-1 zoning and density? The applicant did not believe so; their intent is to provide a high quality development, not circumvent zoning. • It was acknowledged that the current plan is better than the previous proposal but there will still concerns about the effect of the PRD zoning. R-2 zoning was brought up again. • Could the north side become 3 single-family homes instead, not townhomes? Or possibly duplexes? The applicant did not think the project would work financially, and expressed skepticism of the marketability of single-family homes right along 38th Avenue a block away from commercial. Staff also noted that a proposal of 6 single-family homes (3 along 38th, 3 along alley) would still require rezoning to PRD. • Concerns were raised about the PRD zoning and established development standards. • Private space should be provided for the townhome residents. Planning Commission 21 Case No. WZ-19-07 / Hardi ODP • People pay a premium to live in R-1 zoning, and this proposal would change that and is detrimental to the neighborhood because of increased density. Covenants should be enforced. The applicant stated that they think this development would have a positive impact on surrounding property values. • There were objections to the wall of townhomes along 38th. Staff was thanked for facilitating the meeting and acting as a mediator, and the applicant’s ambition was acknowledged. • There were comments about other townhome and apartment developments in Wheat Ridge. • Single-family is still viable in the area. Look at the new developments on 38th/Parfet (a reference to the Fireside at Applewood PRD at 38th/Tabor). The applicant noted that that site is very different from this site, which is a block from the busy commercial Kipling corridor. They believe it is a good transition from the duplexes to the east to the commercial areas to the west which is intensive commercial. The area is changing. • There is a park nearby which means that the area isn’t completely commercial. The applicant disagreed and said the area is predominately commercial, and that the park is an amenity to this development. The only single-family nearby is to the south and east. • A comment was made about how single-family homes can be compatible along 38th Avenue with good design, such as incorporating trees and walls to mitigate noise. • A comment was made about the 38th Avenue corridor and the 4 lane vs. 2 lane debate. Prior to the neighborhood meeting, staff received 2 comments from others in the area regarding the proposal: 1 phone calls and 1 letter. Should this proposal become a land use case, all written statements will be included in the case file, along with this meeting summary. ATTACHMENT 3 ATTACHMENT 4 ITEM NO: DATE: April 13, 2020 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 07-2020 – AN ORDINANCE VACATING ANY INTEREST HELD BY THE CITY IN A PORTION OF YOUNGFIELD SERVICE ROAD, A PUBLIC ROADWAY PUBLIC HEARING ORDINANCES FOR 1ST READING (03/09/2020) BIDS/MOTIONS ORDINANCES FOR 2ND READING (04/13/2020) RESOLUTIONS QUASI-JUDICIAL: YES NO ____________________________ ______________________________ Community Development Director City Manager ISSUE: The City of Wheat Ridge holds rights-of-way in trust for the public. A portion of Right-of-Way (“ROW”) at the north end of the Youngfield Service Road, located on the west side of Interstate 70, has been deemed to be unnecessary by the Engineering Division and is proposed to be vacated. Prior to the April 13, 2020 public hearing, it was determined that one component of the required public hearing notification process was not properly completed. Specifically, the publication of notice in the Wheat Ridge Transcript, while accomplished, incorrectly stated that the meeting would be held in City Hall at 7500 W. 29th Avenue. Due to the COVID-19 City Hall closure that meeting had been changed to a virtual Zoom Webinar format. Notice of that change in venue was mailed to adjacent property owners, and reflected on the physical posting of the property; however, the Transcript published notice was not properly updated. Because a partial public notice has been accomplished, and likely parties will be anticipating being able to attend the virtual public hearing, and in order to extend the period for filing of protests if desired (required to be filed before the start of the hearing), staff recommends that the Council act on April 13 to simply continue the agenda item to a date certain without opening the hearing itself. Accordingly, no staff presentation will be made and no applicant or public 4 Council Action Form – Youngfield Service Road ROW Vacation April 13, 2020 Page 2 testimony be taken on this date. April 27 is recommended as the “date certain” as it is the next available City Council regular business meeting. PRIOR ACTION: The portion of the Youngfield Service Road cul-de-sac ROW at issue was originally dedicated by a plat approved by the Wheat Ridge City Council on May 9, 2011. The ordinance was approved on first reading on March 9, 2020. FINANCIAL IMPACT: None. The ROW is currently owned and maintained by the City of Wheat Ridge. BACKGROUND: The subject ROW is adjacent to the southeast corner of the Clear Creek Crossing project. Over the last 10 years there have been a series of subdivision plats processed for the Clear Creek Crossing project, including the following: PLAT: RECORDING INFO/DATE: Clear Creek Crossing Subdivision Filing No. 1 Rec#2011072532 / May 9, 2011 Clear Creek Crossing Subdivision Filing No. 2 Rec#2018063556 / July 13, 2018 Kum & Go replat Lot 1, Block 3, CCC Filing 2 Currently under staff review Historically, the Youngfield Service Road ROW, has run parallel to I-70 on the west side of the highway, within the Colorado Department of Transportation (“CDOT”) jurisdiction. The Clear Creek Crossing Subdivision Filing No. 1 plat dedicated to the City of Wheat Ridge several internal roads that would replace portions of the Youngfield Service Road (including Clear Creek Drive and W. 40th Avenue). In addition, the plat dedicated a small area of ROW for the Youngfield Service Road to allow for completion of a cul-de-sac (turn-around bulb) to be located at the southeast corner of Clear Creek Crossing. The ROW dedication would allow the cul-de-sac bulb to be constructed on the east side of Lot 1, Block 4, Clear Creek Crossing Subdivision Filing No. 1. As conceptual development plans for Clear Creek Crossing have evolved, an alternative design has been deemed more appropriate, and the right-of-way for the cul-de-sac is no longer required. The Clear Creek Crossing Subdivision Filing No. 2 plat granted a 24’ wide access easement along the southerly portion of said Lot 1, being the southernmost parcel of the subdivision. The 24’ Access Easement is currently proposed to be replaced by yet a wider, 36’ wide Access Easement (the “Easement”) upon recordation of the Kum & Go replat of Lot 1, Block 3, currently in process and under staff review. The 36’ Easement will allow traffic to flow freely through the southerly portion of Lot 1, Block 3, Clear Creek Crossing Subdivision Filing No 2, from Clear Creek Drive on the west to the Youngfield Service Road ROW on the east. The Easement area will essentially function as a private drive, and therefore negate the need for the cul-de-sac originally proposed at the Youngfield Service Road terminus. Since traffic flow Council Action Form – Youngfield Service Road ROW Vacation April 13, 2020 Page 3 will now be continuous from Clear Creek Drive through the Kum & Go to the Youngfield Service Road, the originally proposed turn-around bulb will not be constructed should this vacation be approved. The CDOT-controlled ROW will remain intact. CDOT has approved the alternative design and this proposed ROW vacation. RECOMMENDATION: Staff recommends approval of the ROW vacation and associated ordinance. RECOMMENDED MOTION: “I move to continue Agenda Item No. 4, Council Bill No. 07-2020 – An ordinance vacating any interest held by the City in a portion of Youngfield Service Road, a public roadway, including the public hearing, to April 27, 2020, at 7:00 pm, as a virtual public hearing, and direct staff to provide all required public notice of such continuance and include necessary information for the public to be aware of the various virtual means of participating in said public hearing.” REPORT PREPARED AND REVIEWD BY: Dave Brossman, Development Review Engineer Lauren Mikulak, Planning Manager Kenneth Johnstone, Community Development Director Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No. 07-2020 2. Legal Description 3. Vacation Exhibit Aerial 4. Affidavit of Publication ATTACHMENT 1 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER NOSLER BECK COUNCIL BILL NO. 07 ORDINANCE NO. 1689 Series 2020 TITLE: AN ORDINANCE OF THE CITY OF WHEAT RIDGE VACATING ANY INTEREST HELD BY THE CITY IN A PORTION OF YOUNGFIELD SERVICE ROAD, A PUBLIC ROADWAY WHEREAS, the City of Wheat Ridge holds public rights-of-way in trust for the public and the landowners abutting such rights-of-way; and WHEREAS, a portion of right-of-way along the westerly side of the Youngfield Service Road is unneeded for public roadway purposes; and WHEREAS, pursuant to the authority granted by C.R.S. §§ 31-15-702(1)(a)(I) and 43-2-301 et seq., the Council of the City of Wheat Ridge, Colorado, has determined that the nature and extent of the public use and the public interest to be served is such as to warrant the vacation of this area; and WHEREAS, a drainage and utility easement shall be retained by the City of Wheat Ridge over the entirety of the right-of-way proposed for vacation; and WHEREAS, the portion of the Youngfield Service Road right-of-way to be vacated and which is the subject of this ordinance is more fully described on Exhibit A attached hereto and fully incorporated herein by this reference; and WHEREAS, no property abutting said public roadway will be left without an established public road or private-access easement connecting said land with another established public road. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Vacation. To the extent of any City interest therein, the following portion of the Youngfield Service Road right-of-way is hereby vacated, the same being no longer required for public use and the public interest will be served by such vacation, as more particularly described on the attached Exhibit A. Section 2. 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 3. Recording. This Ordinance shall be filed for record with the office of the Jefferson County Clerk and Recorder. Section 4. Effective Date. This Ordinance shall take effect fifteen (15) days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 6 to 0 on the 9th day of March 2020, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge, and Public Hearing and consideration on final passage set for April 13, 2020 at 7:00 p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado, rescheduled for __________________, 2020 as a virtual meeting, 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 , 2020. SIGNED by the Mayor on this day of , 2020. _________________________ Bud Starker, Mayor ATTEST: _________________________ Steve Kirkpatrick, City Clerk Approved as to Form _________________________ Gerald E. Dahl, City Attorney First Publication: March 12, 2020 Second Publication: April 16, 2020 Wheat Ridge Transcript Effective Date: May 1, 2020 Published: Wheat Ridge Transcript and www.ci.wheatridge.co.us A T T A C H M E N T 2 VACANT LAND 03400 YOUNGFIELD ST 03301 YOUNGFIELD SERVICE RD 03291 YOUNGFIELD SERVICE RD 03500 YOUNGFIELD ST 03300 YOUNGFIELD SERVICE RD 13149 W 33RD AVE 03298 YOUNGFIELD ST 13146 W 33RD AVE 13167 W 33RD AVE I70 EB HW Y I70 WB H W Y YO U N G F I E L D S T YOU N G F I E L D S E R V I C E R D 33RD AVE I70 EB O N R A M P F R O M Y O U N G F I E L D S T R A M P I70 WB O F F R A M P T O 3 2 N D A V E R A M P ZINNIA CT WR Te ch nolog ie s Inc DATE: 02/10/2020 Horizontal Coordinate S yste m :NAD83/92 S tate Plane , Colorado Ce ntral Zone 0502 Ve rtical Datu m : NAVD88 7500 We st 29th Ave nu eWh e at Ridg e , CO 80033-8001303.234.5900 DISCLAIMER NOTICE: Th is is a pictorial re pre se ntation of g e og raph ic and de m og raph ic inform ation. Re liance u pon th e accu racy,re liability and au th ority of th is inform ation is sole ly th ere qu e stor’s re sponsibility. Th e City of Wh e at Ridg e , in Je ffe rson Cou nty, Colorado - a political su bdivision of th e S tate of Colorado, h as com pile d for its u se ce rtain com pu te rize d inform ation. Th is inform ation is availableto assist in ide ntifying g e ne ral are as of conce rn only. Th e com pu te rize d inform ation provide d h e re in sh ou ld only be re lie d u pon with corroboration of th e m e th ods, assu m ptions, and re su lts by a qu alifie d inde pe nde nt sou rce . Th e u se r of th is inform ation sh all inde m nify andh old fre e th e City of Wh e at Ridg e from any and all liabilitie s, dam ag e s, lawsu its, and cau se s of action th atre su lt as a conse qu e nce of h is re liance on inform ation provide d h e re in. Kum & Go ROW Vacation Legend Inte rstateS tate _Hig h wayROW_CURRENTJe ffCo Parce ls_S e pt-2019Road CenterlineCLASSPrim ary road, inte rstate h ig h way, lim ite d acce ss roadS e condary road, U.S . h ig h way Conne cting road, cou nty roadsNe ig h borh ood road, city stre e t, u nim prove d roadS pe cial Road Fe atu re µ 100 0 10050 Fe e t ATTACHMENT 3 ATTACHMENT 4 ITEM NO: DATE: April 13, 2020 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 20-2020 – A RESOLUTION OF THE CITY OF WHEAT RIDGE, COLORADO APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH THE JEFFERSON COUNTY SCHOOL DISTRICT CONCERNING THE KULLERSTRAND ELEMENTARY SCHOOL PLAYGROUND AND IN CONNECTION THEREWITH, A GRANT AGREEMENT WITH GREAT OUTDOORS COLORADO PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO _______________________________ ______________________________ Parks and Recreation Director City Manager ISSUE: The City of Wheat Ridge recently was awarded a grant through the Great Outdoors Colorado School Yard Initiative in the amount of $110,000 for the playground project at Kullerstrand Elementary School. The School Yard Initiative program is designed to inspire more active physical play and enhance outdoor learning on school grounds. Schools can apply if they partner with an eligible local government. One of the requirements prior to starting work on this project is a signed IGA with the Jefferson County School District, detailing the responsibilities of each party. Additionally, a signed Grant Agreement with Great Outdoors Colorado (GOCO) is required. PRIOR ACTION: On November 25, 2019, City Council approved a resolution in support of a Great Outdoors Colorado (GOCO) School Yard Initiative grant application. 5 Council Action Form – GOCO Grant April 13, 2020 Page 2 FINANCIAL IMPACT: The City has $85,000 budgeted in the Conservation Trust Fund (Fund 54) for a playground at Bonnie’s Park. $42,500 of that was listed as matching funds for another grant that the City was awarded through GameTime PlayCore. That grant award provided funds for both Bonnie’s Park and Kullerstrand Elementary. So, while the City will utilize Conservation Trust Fund dollars as matching funds, $85,000 will still be budgeted for the playground at Bonnie’s Park. Therefore, there is no true financial impact to the City, aside from the staff time associated with grant writing and grant administration. BACKGROUND: The Kullerstrand Elementary playground equipment was last updated in 1999. Typically, playground equipment has a 10-year life. Wheat Ridge residents frequently utilize the playground during non-school hours. Specifically, the playground is heavily used while the Wheat Ridge Parks and Recreation soccer program is taking place at the Kullerstrand field. The national recommendation for proximity to parks is a 10-minute walk. The closest park to Kullerstrand Elementary is closer to a 15-minute walk, thus another reason why staff believes that this project is important for the community. RECOMMENDATIONS: Staff recommends that Council support this resolution, as it will allow the playground project at Kullerstrand Elementary to move forward as scheduled. RECOMMENDED MOTION: “I move to approve Resolution No. 20-2020, a resolution of the City of Wheat Ridge, Colorado approving an Intergovernmental Agreement with the Jefferson County School District concerning the Kullerstrand Elementary School playground and in connection therewith, a Grant Agreement with Great Outdoors Colorado.” Or, “I move to postpone indefinitely Resolution No. 20-2020, a resolution of the City of Wheat Ridge, Colorado approving an Intergovernmental Agreement with the Jefferson County School District concerning the Kullerstrand Elementary School playground and in connection therewith, a Grant Agreement with Great Outdoors Colorado for the following reason(s) ______________.” REPORT PREPARED/REVIEWED BY: Karen O’Donnell, Parks and Recreation Director Patrick Goff, City Manager ATTACHMENTS: 1. Resolution No. 20-2020 2. Intergovernmental Agreement with Jefferson County School District 3. Grant Agreement with Great Outdoors Colorado 4. GOCO Grant Budget CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 20 Series of 2020 TITLE: A RESOLUTION OF THE CITY OF WHEAT RIDGE, COLORADO APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH THE JEFFERSON COUNTY SCHOOL DISTRICT CONCERNING THE KULLERSTRAND ELEMENTARY SCHOOL PLAYGROUND AND IN CONNECTION THEREWITH, A GRANT AGREEMENT WITH GREAT OUTDOORS COLORADO WHEREAS, pursuant to Section 14.12 of the Home Rule Charter, C.R.S. §§ 29- 1-201 and 203, and Colo. Const. Art. XIV, § 18(2)(a), the City of Wheat Ridge is authorized to enter into cooperative agreements with other governmental entities to provide any function, service or facility each is authorized to undertake; and WHEREAS, on November 25, 2019 the City Council supported a grant application through the Great Outdoors Colorado School Yard Initiative to partially fund a playground project at Kullerstrand Elementary School; and WHEREAS, the City was awarded funding through the Great Outdoors Colorado Schoolyard Initiative in the amount of $110,000 for the Kullerstrand Elementary School playground project; and WHEREAS, schools can only receive GOCO Schoolyard Initiative funds if they partner with an eligible local government, such as a city, county or park and recreation district; and WHEREAS, improvements to school playgrounds and outdoor spaces not only create a more engaging and creative environment for students, but they also serve the greater community; and WHEREAS, Section 14.2 of the Wheat Ridge Home Rule Charter authorizes the Council, acting by resolution or ordinance, to approve intergovernmental agreements; and WHEREAS, the City of Wheat Ridge wishes to enter into an intergovernmental agreement with the Jefferson County School District and a grant agreement with Great Outdoors Colorado to accomplish these goals; and NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows: Section 1. The Intergovernmental Agreement between the City and Jefferson County School District, attached hereto as Exhibit A, and the Grant Agreement between the City and Great Outdoors Colorado, attached hereto as Exhibit B, ATTACHMENT 1 are hereby approved, and the Mayor and City Clerk are hereby authorized and directed to execute the same. Section 2. This Resolution shall be effective upon adoption. DONE AND RESOLVED this 13th day of April 2020. ____________________________ Bud Starker, Mayor ATTEST: Steve Kirkpatrick, City Clerk IGA: City of Wheat Ridge, Jeffco Public Schools INTERGOVERNMENTAL AGREEMENT Between the City of Wheat Ridge and Jefferson County Public Schools This Agreement is made this 13th day of April, 2020 between the City of Wheat Ridge and Jefferson County Public Schools; Witnesseth: I.RECITALS 1. City of Wheat Ridge has applied for and received a grant from Great Outdoors Colorado, (GOCO) for replacing the playground at Kullerstrand Elementary School; 2. Jefferson County Public Schools, hereafter referred to as the “School District”, is an ineligible recipient of the grant and the parties intend by this agreement for the City of Wheat Ridge, hereafter referred to as the “City”, to be the conduit through which the School District will receive the benefit of the grant; 3. The Grant Agreement is attached to this agreement as exhibit “A”; 4. The School District intends to bind itself to the City for all of the City’s obligations stated in the Grant Agreement; 5. The School District intends to convey to the City a limited interest in the real property described in Exhibit “B” which limited property interest shall be for the purposes of satisfying the terms and conditions of the Grant Agreement; Therefore, in consideration of the mutual promises stated below and other valuable consideration, the parties agree: II. Agreement 6. The City shall use its best efforts to fulfill all the conditions precedent to obtain the grant stated in the Grant Agreement. The School District will cooperate with the City and provide all documents necessary for the City to fulfill the conditions precedent. The School District further assumes all other City liabilities, and binds itself to the City for all the City’s obligations to GOCO, contained in the Grant Agreement. 7. The City does not assume any obligation to the School District to construct, operate, or maintain the improvements contemplated by the grant. 8. Unless a claim by GOCO arises out of the negligence or other wrongful act of the City, the School District shall be responsible to the City for any claim under the Grant Agreement, in the same manner and extent as the City may be responsible to GOCO. ATTACHMENT 2 9. The School District shall operate and maintain the improvements contemplated by the Grant Agreement, in accordance with established School District policy for playground maintenance. Should any claim for personal injuries, property damage or wrongful death be asserted as a result of the construction, operation, maintenance, or use of the improvements contemplated by the Grant Agreement, the parties shall be responsible for such claim in the manner provided by the Colorado Governmental Immunity Act and the Colorado law concerning pro-rata liability. The parties shall not be jointly and severally liable for such claims. 10. By executing this agreement the parties do not waive any immunity or limit liability contained in the Colorado Governmental Immunity Act; do not create a multi-year fiscal obligation; and do not create any other financial obligation not supported by a current appropriation. 11. This agreement does not create any rights in any individual not a party to this agreement. 12. This document, and exhibits, shall constitute the entire agreement of the parties. 13. The School District hereby grants to the City a limited license in, and right of entry to, the property described in Ex. “B” for the purposes stated in the Grant Agreement, Ex. “A”, and for no other purpose. Such license and right of entry shall be exercised only in the event the School District has failed to comply with the requirements of the Grant Agreement and shall include all rights reasonably necessary, as determined by the City, for the City to enter upon the property and perform its obligations to GOCO under the Grant Agreement. This right includes the ability of the City to use its employees, agents or outside contractors. This license and right of entry further includes the right to enter upon the property with any equipment or vehicles. 14. This agreement, including the limited right of entry and license, shall terminate simultaneously with the termination of all City obligations under the Grant Agreement. ATTEST: Jefferson County Public Schools BOARD OF EDUCATION [Title] [Title] ATTEST: City of Wheat Ridge City Council _______________________ [Title] [Title] Page 1 of 15 Updated 1/2019 GRANT AGREEMENT Project Name: Kullerstrand Elementary School Playground Project Completion Date: March 13, 2022 Great Outdoors Colorado Contract No.: 20443 PARTIES TO AGREEMENT Board/GOCO: The State Board of the Great Outdoors Colorado Trust Fund Address: 1900 Grant Street, Suite 725 Denver, CO 80203 Telephone: (303) 226-4520 Contact name: Matt Brady Grantee: City of Wheat Ridge Address: 7500 W. 29th Avenue, Wheat Ridge, CO 80215-6797 Contact name: Brandon Altenburg Date: April 6, 2020 EXHIBITS Exhibit A Project Summary Exhibit B Resolution Exhibit C Approved Budget Exhibit D Intergovernmental (or other) Agreement (if required) ATTACHMENT 3 Page 2 of 15 Updated 1/2019 RECITALS A. The State Board of the Great Outdoors Colorado Trust Fund (“GOCO” or “Board”) is a political subdivision of the State of Colorado, created by Article XXVII of the Colorado Constitution, adopted at the November 1992 General Election, which article appropriates a portion of the net proceeds of the Colorado Lottery to GOCO and directs GOCO to invest those proceeds in the state’s parks, wildlife, open space, and recreational resources. B. In 1994, GOCO created a statewide grant program pursuant to which eligible entities could apply for grants for local government parks and outdoor recreation projects. Grantee listed above (“Grantee”) submitted a detailed project application (“Project Application”) that contemplates the execution of the project entitled above and described in GOCO’s project summary (“Project Summary”), attached and incorporated as Exhibit A (“Project”). GOCO approved Grantee’s Project Application, which is incorporated into this Agreement by reference, on March 13, 2020, subject to the execution of a detailed grant agreement. GOCO and Grantee each have on file a copy of the Project Application. C. The parties intend this agreement to be the detailed grant agreement required by GOCO (“Agreement”). AGREEMENT NOW, THEREFORE, in consideration of the parties’ mutual covenants contained in this Agreement and other good and valuable consideration, the receipt and sufficiency of which are acknowledged, the parties agree as follows: SECTION 1 – PROJECT 1. Incorporation of Recitals. The Recitals set forth above are incorporated into this Agreement. 2. Representations and Warranties of Grantee. Grantee is a Municipality, duly organized in accordance with the laws of Colorado and has full and lawful authority to enter into, and comply with the terms of, this Agreement. Grantee’s governing body has authorized entering into this Agreement as evidenced by the resolution attached and incorporated as Exhibit B. 3. Grant and Project. GOCO awards to Grantee a grant in the amount not to exceed $110,000.00 (“Grant”), subject to the terms and conditions set forth in this Agreement. The Grant shall be used by Grantee solely to complete the Project in substantial conformity with the final plans, specifications, designs, and uses approved by GOCO. In the event of a conflict between the Project Application and the Project Summary, the parties shall resolve the conflict by mutual agreement. Page 3 of 15 Updated 1/2019 4. Project Scope. Grantee shall not materially modify the Project without the prior written approval of the Executive Director of GOCO (“Executive Director”) or the Executive Director’s designee, such approval to be in GOCO’s sole discretion. Any material modification to the Project undertaken without GOCO’s prior written consent may be deemed a breach of this Agreement, entitling GOCO to all remedies available under this Agreement. If Grantee determines with reasonable probability that the Project will not or cannot be completed as approved by the Board, Grantee will promptly so advise the Board and cooperate in good faith to seek a resolution before any further funds are advanced. 5. Grantee Efforts. Grantee agrees to use its best efforts to complete the Project in a timely fashion, in a good and workmanlike manner, and consistent with this Agreement and GOCO’s approvals related to the Project. 6. Approved Budget. Grantee has completed a detailed budget that reflects all anticipated sources and uses of funds for the Project, including a detailed accounting of Grantee’s anticipated direct costs associated with the Project, a copy of which is attached and incorporated as Exhibit C (“Budget”). Eligible costs are described in Paragraph 10 of this Agreement. The Project Application contains a budget that may not match the approved version attached as Exhibit C and which, therefore, shall not be relied upon by GOCO or Grantee. Where discrepancies exist, the approved Budget in Exhibit C shall control until such time as GOCO approves the final version. 7. Property Ownership. Grantee does not own the property or properties on which the Project is to be located (the “Property”). Therefore, the agreement attached hereto as Exhibit D between Grantee and the Property’s owner continues in effect and unmodified throughout the term of this Agreement. 8. Waiver. Prior to the disbursement of funds, the Executive Director in his or her discretion may waive certain conditions set forth in this Agreement. Anything else to the contrary notwithstanding, the exercise by GOCO staff (“Staff”), the Executive Director, or GOCO of any right or discretion reserved to them under this Agreement shall not be deemed a waiver. Furthermore, no waiver by them under this Agreement shall constitute a waiver of any other requirements, actions, or conditions, nor shall any waiver granted be deemed a continuing waiver. No waiver by the Staff, the Executive Director, or GOCO shall be effective unless in writing executed by them. Additionally, any failure by the Staff, the Executive Director, or GOCO to take any actions as set forth in this Agreement shall have no legal effect on the contractual duties of Grantee. Further, no waiver with respect to this Project, Grant, or Agreement shall constitute a waiver in any other GOCO-funded project. 9. Project Operation and Maintenance. A. Subject to annual appropriations, Grantee shall operate, manage, and maintain the Project in a reasonable state of repair for the purposes specified and for the useful life of the Project stated in the Project Application, in accordance with product warranties and/or the generally accepted standards in the parks/recreation community. Grantee has estimated a useful life of 20 years in the Project Application. Grantee also shall provide and maintain access to the Page 4 of 15 Updated 1/2019 Project and to the Property, regardless of the Property’s ownership. Failure to comply with this paragraph may be deemed a breach by Grantee under Paragraph 20 below. B. GOCO shall not be liable for any cost of maintenance, management, or operation of the Project. C. Within 60 days of a reasonable request by the Board, Grantee will provide the Board with adequate records reflecting the operating and maintenance costs of the Project and provide the Board with such other information concerning the use of the Project by the public and the impact of the Project. D. Grantee’s staff shall request during the Grantee’s annual budget process an appropriation sufficient to meet the financial obligations of Grantee under this Agreement. Grantee will use its best efforts to fully consider such appropriation. The parties understand that the Board is relying upon fair and full consideration of annual appropriation in its decision to extend its resources and the Grant and to enter into this Agreement. In the event that Grantee fails to appropriate sufficient funds to meet the obligations of this Agreement, Grantee shall provide notice to the Board of the specific reason(s) for any decision not to appropriate funding. Grantee’s staff shall notify the Board of any recommendation not to fund or to partially fund the annual appropriation necessary to fulfill Grantee’s obligations under this Agreement. 10. Public Access. Grantee agrees, for itself and its successors in interest, to allow reasonable public access to the Project for the term specified in Paragraph 8.A. Grantee may temporarily close such public access for construction, maintenance, emergency situations, or other reasonable purposes. 11. Insurance. Grantee shall maintain general liability insurance or self-insure for the entire period of the Project for protection in the event of injury and/or damage. The insurance limits shall not be less than $1,000,000 per occurrence and $2,000,000 aggregate. If the Grantee contracts with another organization to complete the Project, it is the responsibility of the Grantee to ensure its contractor carries insurance that fulfills this requirement. 12. Future Funding. This Agreement and the Grant only apply to the Project specifically described in this Agreement. GOCO makes no representations regarding future funding for future phases of the Project, whether or not described in the Project Application, Project Summary, or otherwise. SECTION 2 – GRANT PAYMENT 13. Eligible Costs. The Grant and all matching funds shall be used only for the cost of fixed assets, including construction of new facilities and enlargement or renovation of existing facilities; these costs are eligible for reimbursement on the basis of costs actually incurred by Grantee and supported by written documentation (receipts, bills, etc.). The Grant and all matching funds may not be used to pay for maintenance costs, administrative costs (such as Page 5 of 15 Updated 1/2019 salaries associated with administering the Grant, office supplies, telephone, or travel expenses), non-fixed assets (such as athletic or maintenance equipment), or any other costs deemed to be ineligible by the Board, at the Board’s sole discretion. 14. Payment of Grant. A. Progress Payment. Grantee may opt to receive a portion of the Grant after starting but prior to completing work on the Project (“Progress Payment”). Grantee shall provide GOCO with a progress report detailing expenditures and progress made to date (“Progress Report”). The Progress Report must be submitted using GOCO’s Progress Report form (available at www.goco.org or by contacting GOCO). GOCO may, in its discretion, request additional documentation to support making a Progress Payment. A Progress Payment shall not exceed 50% of the Grant or the maximum percentage of funds GOCO can expend for the project to date based on the program’s matching requirements, whichever is less. A Progress Payment shall be considered a loan until the Project is complete and Final Payment (as defined below) has been made. B. Final Payment. Grantee shall submit a final report to GOCO detailing the accomplishments of and expenditures related to the Project and its completion (“Final Report”). The Project is “complete” when all facilities, trails, or other improvements included in the GOCO-approved Project scope have been built and are ready for their intended use. The Final Report must be submitted using GOCO’s Final Report form (available at www.goco.org or by contacting GOCO). GOCO may, in its discretion, request additional documentation before its approval of the contents of the Final Report. Upon GOCO’s review and approval of the Final Report, GOCO shall pay the outstanding balance on the Grant (“Final Payment”), subject to any reductions contemplated by any provision of this Agreement. C. GOCO Review. GOCO shall have 30 days to review any Progress Report and Final Report and respond to Grantee. D. Waivers of Liens and Claims. GOCO may, in its discretion, depending on the nature of the Project, require documentation of mechanics’ lien waivers or waivers of claims to public project performance bonds as a precondition to any disbursement under this Agreement. E. Modifications. Payment of the Grant is subject to the Project being completed with no material modifications made, except as otherwise agreed to in advance by GOCO in accordance with this Agreement. The Grant will not be increased, but GOCO may reduce the Grant if the Project changes in any way that GOCO deems material. “Material modifications” may include, but are not necessarily limited to, a reduction in the total cost of the Project, a reduction in the size or number of recreational development components to be constructed, changes to the nature of the recreational development components to be constructed, or any other variance from the Project as presented in the Project Application. It is the sole responsibility of Grantee to inform GOCO of any such modifications to the Project. GOCO strongly encourages Grantee to contact GOCO in writing when it becomes aware of or wishes to make any such modifications, however seemingly minor, to the Project. Page 6 of 15 Updated 1/2019 F. Net Lottery Proceeds. Payment of the Grant is also subject to GOCO’s determination in its sole discretion that it has received and has available sufficient net lottery proceeds to fund the Grant. In determining the sufficiency of net lottery proceeds, GOCO may consider all facts and circumstances as it deems necessary or desirable, including but not limited to adequate reserves, funding requirements, and/or commitments for other past, current, and future grants, and past, current, and future GOCO operating expenses and budgetary needs. 15. Withdrawal of GOCO Funding; Termination of Agreement. Anything in this Agreement to the contrary notwithstanding, with prior notice to Grantee, GOCO reserves the right to withhold or withdraw all or a portion of the Grant, to require a full or partial refund of the Grant, and/or to terminate this Agreement if GOCO determines in its sole discretion that: A. Altered Expectations. Facts have arisen or situations have occurred that fundamentally alter the expectations of the parties or make the purposes for the Project or the Grant as approved by GOCO infeasible or impractical; B. Material Project Changes. Material changes in the scope or nature of the Project have occurred from that which was presented in the Project Application, approved by GOCO and reflected in the Project Summary, without prior written approval of the Executive Director; C. Inaccuracies. Any statement or representation made or information provided by Grantee in the Project Application, this Agreement, the Progress Report, the Final Report, or otherwise is untrue, inaccurate, or incomplete in any material respect; D. Reporting. The results of GOCO’s review of the Progress Report or the Final Report are not acceptable to GOCO; E. Conditions Precedent Not Fulfilled or Unsatisfactory. Any of the conditions precedent to funding listed in Section 3 below is not fulfilled by Grantee or is unsatisfactory to GOCO, in its sole discretion; F. Delays. The Project will not or cannot be completed by the Completion Date or any extensions granted, or delays in the implementation of the Project have occurred that make the Project impracticable in the Board’s judgment; G. Costs. The Project will not or cannot be completed within the Budget or any approved modifications, or the total Project cost and/or Grantee’s matching funding are reduced; or H. Property. Title to or encumbrances against the Property are or become such that Grantee is unable to complete the Project, or the Project and/or the Property are or become unavailable for public use. Page 7 of 15 Updated 1/2019 SECTION 3 – CONDITIONS PRECEDENT 16. Completion Date. Grantee shall complete the Project and submit its Final Report no later than March 13, 2022 (“Completion Date”), which is 24 months after the date of GOCO’s approval of the Project. Grantee may request an extension of the Completion Date in compliance with GOCO’s Overdue Grants procedure, as may be amended from time to time by GOCO in its sole discretion. GOCO may elect to terminate this Agreement and deauthorize the Grant in the event this Completion Date is not met and/or Grantee fails to comply with the Overdue Grants procedure. 17. Conditions Precedent to Funding. Anything else in this Agreement or otherwise to the contrary notwithstanding, the Grant is expressly conditioned upon Grantee’s fulfillment of all terms and conditions of this Agreement to GOCO’s satisfaction in its sole discretion, including but not limited to the following: A. Matching Funds. Matching funds in the minimum amount required by GOCO policy or procedure and as set forth in the approved Budget, or as modified and approved in compliance with GOCO procedures, must have been received by Grantee, or the status of efforts to secure matching funding was disclosed and has been deemed satisfactory by Staff. Grantee shall provide evidence of matching funds as GOCO may require in its reasonable discretion. B. GOCO Policies and Procedures. The Project must comply with all of GOCO’s policies and procedures, which may be amended from time to time by GOCO in its sole discretion, and must meet any special Board conditions as listed in the attached Project Summary (Exhibit A). SECTION 4 – OTHER PROVISIONS 18. Publicity and Project Information. GOCO has the right and must be provided the opportunity to use information gained from the Project; therefore, Grantee shall acknowledge GOCO funding in all news releases and other publicity issued by Grantee concerning the Project. If any events are planned in relationship to the Project, GOCO shall be acknowledged as a contributor in the invitation for the event. GOCO shall be notified of any such events 30 days in advance. Grantee shall cooperate with GOCO in preparing public information pieces, providing access to the Property for publicity purposes, and providing photos or other imagery of the Project from time to time, which GOCO reserves the right to use and duplicate in any print or electronic publication or platform for publicity, illustration, advertising, web content, and other purposes at any time without the need to seek pre-approval from Grantee. Grantee shall give timely notice of the Project, its inauguration, significance, and completion to the local members of the Colorado General Assembly and members of the board of county commissioners of the county or counties in which the Project is located, as well as to other appropriate public officials. At no time shall Grantee represent in any manner to the public or to any party that it is affiliated with GOCO or acting on behalf of GOCO. Page 8 of 15 Updated 1/2019 19. Signage. Grantee shall erect one or more signs at a prominent location(s) on the Project site acknowledging the assistance of Great Outdoors Colorado and the Colorado Lottery. GOCO will provide such signs at no cost to Grantee. Alternatively, GOCO will provide reproducible samples of its logo to Grantee for custom signs. GOCO shall approve in advance the design of any permanent sign materially varying from the signs provided by GOCO. To obtain such approval, Grantee shall submit to GOCO plans describing the number, design, placement, and wording of signs and placards prior to completion of the Project. The Board may withhold Final Payment pending evidence of placement of permanent signage. 20. Liability. A. Indemnity. To the extent allowed by law, Grantee shall be responsible for and shall indemnify, defend, and hold harmless GOCO, its officers, agents, and employees from any and all liabilities, claims, demands, damages, or costs (including reasonable attorneys’ fees) resulting from, growing out of, or in any way connected with or incident to Grantee’s performance of this Agreement. Grantee waives any and all rights to any type of express or implied indemnity or right of contribution from the State of Colorado, GOCO, its members, officers, agents, or employees for any liability resulting from, growing out of, or in any way connected with or incident to this Agreement. Grantee acknowledges that Grantee is the owner of the Project and the Property upon which it is located, or has control of the Project and the Property, and that GOCO neither possesses nor controls the Project, the Property, nor the operations of the Project. B. No CGIA Waiver. No term or condition of this Agreement shall be construed or interpreted as a waiver, either express or implied, of any of the immunities, rights, benefits or protections provided to GOCO under the Colorado Governmental Immunity Act as amended or as may be amended in the future (including without limitation any amendments to such statute, or under any similar statute that is subsequently enacted) (“CGIA”). This provision may apply to Grantee if Grantee qualifies for protection under the Colorado Governmental Immunity Act, C.R.S. § 24-10-101, et seq. GOCO and Grantee understand and agree that liability for claims for injuries to persons or property arising out of the negligence of GOCO, its members, officials, agents, and employees may be controlled and/or limited by the provisions of the CGIA. The parties agree that no provision of this Agreement shall be construed in such a manner as to reduce the extent to which the CGIA limits the liability of GOCO, its members, officers, agents, and employees. C. Compliance with Regulatory Requirements and Federal and State Mandates. Grantee assumes responsibility for compliance with all regulatory requirements in all applicable areas, including but not limited to nondiscrimination; worker safety; local labor preferences; preferred vendor programs; equal employment opportunity; use of competitive bidding; permits; approvals; local, state, and federal regulations and environmental laws; and other similar requirements. To the maximum extent permitted by law, Grantee agrees to indemnify, defend, and hold harmless GOCO, Executive Director, and Staff from any cost, expense, or liability for any failure to comply with any such applicable requirements. Page 9 of 15 Updated 1/2019 D. Nondiscrimination. During the performance of this Agreement, Grantee and its contractors, subcontractors, and agents shall not unlawfully discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, physical handicap, medical condition, marital status, age, sex, or any other basis prohibited by local, state, or federal law. Grantee and its contractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination. Further, Grantee and anyone acting on behalf of Grantee shall not engage in any unlawful discrimination in permitting access and use of the Project. 21. Audits and Accounting Records. Grantee shall maintain standard financial accounts, documents, and records relating to the use, management, operation, and maintenance of the Project. Grantee shall retain the accounts, documents, and records related to the Project for five years following the date of disbursement by GOCO of the Grant funds, and they shall be subject to examination and audit by GOCO or its designated agent during this period. While Grantee is not required to use GAAP (Generally Accepted Accounting Principles), Grantee shall use reasonable and appropriate accounting systems in maintaining the required records under this Agreement. 22. Inspection. Throughout the term of this Agreement, GOCO shall have the right to inspect the Project to ascertain compliance with this Agreement. 23. Breach. In addition to other remedies available at law or in equity, in the event that Grantee breaches any of the terms or conditions of this Agreement, GOCO shall have the following non-exclusive remedies: A. Prior to Payment of Grant. GOCO reserves the right to withdraw funding, terminate this Agreement, and/or deny Grantee eligibility for participation in future GOCO grants, loans, or projects. B. After Any Payment of Grant. GOCO reserves the right to seek specific performance of Grantee’s obligations under this Agreement, receive reimbursement in full of any disbursements made under the Grant, including in the event that Grantee does not fulfill its obligations under Paragraph 8 due to lack of annual appropriations, and/or deny Grantee eligibility for participation in future GOCO grants, loans, or projects. In the event GOCO must pursue any remedy under this Agreement and is the substantially prevailing party, GOCO shall be awarded its costs and reasonable legal fees, including costs of collection. 24. GOCO Policies and Procedures. With regard to all named GOCO policies and procedures referenced in this Agreement, Grantee acknowledges it has received a copy of the policies and procedures or otherwise has access to the documents in connection with this Agreement and is familiar with their requirements. Page 10 of 15 Updated 1/2019 25. Miscellaneous Provisions. A. Good Faith. Both parties have an obligation of good faith, including the obligation to make timely communication of information that may reasonably be believed to be of interest to the other party. B. Assignment. Grantee may not assign its rights or delegate its obligations under this Agreement without the express written consent of the Executive Director, who has the sole discretion to withhold consent to assign. Any assignment shall require that, at a minimum, the assignee is eligible to receive grants from the Board and assumes Grantee’s ongoing obligations under this Agreement. C. Applicable Law. Colorado law applies to the interpretation and enforcement of this Agreement. Venue for any dispute under this Agreement shall lie exclusively in the state courts of the City and County of Denver. D. No Joint Venture. Nothing in this Agreement shall be construed to create a joint venture, partnership, employer/employee, or other relationship between the parties other than independent contracting parties. Except as permitted under the remedies provisions of this Agreement, neither party shall have the express or implied right to act for, on behalf of, or in the name of the other party. E. Status of Grantee. The parties acknowledge that GOCO lacks the power and right to direct the actions of Grantee. Grantee acts in its separate capacity and not as an officer, employee, or agent of GOCO or the State of Colorado. F. Time is of the Essence. Time is of the essence in this Agreement. G. Survival. The terms and conditions of this Agreement, including but not limited to Grantee’s obligations, shall survive the funding of the Grant and the completion of the Project. H. Fax and Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be an original, but all of which when taken together shall constitute one agreement. In addition, the parties agree to recognize signatures to this Agreement made electronically and transmitted electronically or by facsimile as if they were original signatures. I. Third-Party Beneficiary. GOCO and Grantee acknowledge and agree that this Agreement is intended only to cover the relative rights and obligations between GOCO and Grantee and that no third-party beneficiaries are intended. J. Notice. Any notice, demand, request, consent, approval, or communication that either party desires or is required to give the other shall be in writing and either served personally or sent by first class mail, postage prepaid, to the addresses shown on Page 1 of this Agreement. Page 11 of 15 Updated 1/2019 K. Construction; Severability. Each party has reviewed this Agreement, and therefore any rules of construction requiring that ambiguities be resolved against a particular party shall not be applicable in the construction and interpretation of this Agreement. If any provision in this Agreement is found to be ambiguous, an interpretation consistent with the purpose of this Agreement that would render the provision valid shall be favored over any interpretation that would render it invalid. If any provision of this Agreement is declared void or unenforceable, it shall be deemed severed from this Agreement, and the balance of this Agreement shall otherwise remain in full force and effect. L. Entire Agreement. Except as expressly provided, this Agreement constitutes the entire agreement of the parties. No oral understanding or agreement not incorporated in this Agreement shall be binding upon the parties. No changes in this Agreement shall be valid unless made in writing and signed by the parties to this Agreement. M. Termination of the Board. If Article XXVII of the Colorado Constitution, which established GOCO, is amended or repealed to terminate GOCO or merge GOCO into another entity, the rights and obligations of GOCO under this Agreement shall be assigned to and assumed by such other entity as provided by law, but, in the absence of such direction, by the Colorado Department of Natural Resources or its successor. IN WITNESS WHEREOF, the parties by signature below of their authorized representatives execute this Agreement effective as of \d3\. STATE BOARD OF THE GREAT GRANTEE: OUTDOORS COLORADO TRUST FUND City of Wheat Ridge By: By: \s3\ \s1\ Chris Castilian Title: \t1\ Executive Director GOCO Program Staff: Route Grant Agreement to Executive Director for signature: *NOTE* Signee should be the same individual authorized to sign the grant agreement per Grantee’s resolution \s2\ Page 12 of 15 Updated 1/2019 EXHIBIT A Project Summary Rank: 1 Overall Score: 93.5 GOCO Staff Score: 91.5 Reviewer Average: 95.5 Applicant: City of Wheat Ridge Project Title: Kullerstrand Elementary School Playground County: Jefferson Log #: 20443 Funding Summary: Project Description: The City of Wheatridge in partnership with Kullerstand Elementary are requesting funds to replace their 20-year-old playground with opportunities for nature play and a new outdoor classroom. Project components include a preschool specific structure, a new custom nature play structure for older students, as well as improved ADA accessible components. Staff and Peer Reviewer Comments: Kullerstand is a Title I elementary school and 75% of students receive free and reduced lunch. The school will be adding preschool for the 2020-2021 school year and needs age appropriate equipment for students from 3 to 5 years old. The applicant did a great job engaging students and the community in the process. Students presented to City Council and the conceptual design reflects their preferred components. Staff and reviewers were compelled by the opportunity of a 1:1 matching grant through Colorado Parks and Recreation Association (CPRA), Playcore, and GameTime grants. Applicant Funding $42,500 Partner(s) Funding $92,500 GOCO Grant Amount $110,000 Total Project Cost $245,000 Page 13 of 15 Updated 1/2019 EXHIBIT B Resolution Page 14 of 15 Updated 1/2019 EXHIBIT C Approved Budget Page 15 of 15 Updated 1/2019 EXHIBIT D Intergovernmental (or other) Agreement (if required) ATTACHMENT 4 ITEM NO: DATE: April 13, 2020 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 21-2020 – A RESOLUTION APPROVING A MEMORANDUM OF UNDERSTANDING FOR MUTUAL AID FOR LAW ENFORCEMENT EMERGENCY SERVICES PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO _____________________________ Chief of Police City Manager ISSUE: With the current COVID-19 pandemic, the risk of diminishing resources among law enforcement agencies in Jefferson County is a credible threat to service delivery. In an effort to expeditiously deal with this threat and ensure the continuity of public safety, law enforcement organizations and municipalities within Jefferson County are entering into a memorandum of understanding that formally allows for ongoing mutual aid assistance in the event that any organization's staffing is negatively impacted to the extent that mutual aid may be required. PRIOR ACTION: No prior action has been taken in this regard. FINANCIAL IMPACT: This memorandum of understanding does not create any form of "temporary assignment", and each organization remains responsible for their personnel assigned in a mutual aid capacity. There are no financial impacts beyond those encountered as a result of overtime. BACKGROUND: The COVID-19 pandemic is unlike any prior form of illness encountered in modern law enforcement. The combination of the need to quarantine potentially exposed individuals, lengthy 6 CAF – MOU for Mutual Aid for Law Enforcement Emergency Services April 13, 2020 Page 2 test times, and up to a 14 day incubation period work together to potentially impact law enforcement staffing in a negative way. In addition, the rate at which COVID-19 can be spread is substantial, and as such it has the potential to infect numerous individuals in any given location. Law enforcement agencies in Jefferson County have met and devised a two-prong approach to deal with potential staffing issues that may arise should a large number of sworn personnel in any agency contract COVID-19, or find themselves functionally unable to work due to quarantine. Both approaches rely on mutual aid from other agencies in Jefferson County. The first prong was enacted when Jefferson County Sheriff Jeff Shrader deputized all the commissioned law enforcement officers employed by law enforcement agencies within Jefferson County. The purpose of this deputization was to allow officers from various agencies within Jefferson County to assist one another outside their respective jurisdictions if the need arose as a result of COVID-19. Given the unknown length of the COVID-19 emergency, the second prong was to formally develop and adopt a memorandum of understanding between all Jefferson County law enforcement agencies that would allow officers in any jurisdiction to provide mutual aid in another jurisdiction should such be needed as a result of diminished staffing as a result of COVID-19. The specific details and operations involved in mutual aid are contained in an addendum, which may require technical revisions as approved by the Chief of Police and City Attorney. RECOMMENDATION: Staff recommends approval of the memorandum of understanding to help ensure continuity of law enforcement operations and public safety throughout Wheat Ridge and Jefferson County. Because the memorandum attached is in draft final form, staff asks that the Council approve the memorandum with such additional technical revisions as approved by the Chief of Police and City Attorney. RECOMMENDED MOTION: “I move to approve Resolution No. 21-2020, a resolution approving a Memorandum of Understanding for Mutual Aid For Law Enforcement Emergency Services with such additional technical revisions as approved by the Chief of Police and City Attorney.” Or, “I move to postpone indefinitely Resolution No. 21-2020, a resolution approving a Memorandum of Understanding for Mutual Aid For Law Enforcement Emergency Services with such additional technical revisions as approved by the Chief of Police and City Attorney for the following reason(s) __________________.” CAF – MOU for Mutual Aid for Law Enforcement Emergency Services April 13, 2020 Page 3 REPORT PREPARED/REVIEWED BY: Darrel Guadnola, Commander Dave Pickett, Division Chief Chris Murtha, Chief of Police Patrick Goff, City Manager ATTACHMENTS: 1. Resolution No. 21-2020 2. Memorandum of Understanding 3. Addendum to Memorandum CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 21 Series of 2020 TITLE: A RESOLUTION APPROVING A MEMORANDUM OF UNDERSTANDING CONCERNING MUTUAL AID FOR LAW ENFORCEMENT EMERGENCY SERVICES WHEREAS, pursuant to Section 14.12 of the Home Rule Charter, C.R.S. §§ 29-1- 201 and 203, and Colo. Const. Art. XIV, § 18(2)(a), the City of Wheat Ridge is authorized to enter into cooperative agreements with other governmental entities to provide any function, service or facility each is authorized to undertake; and WHEREAS, the current COVID-19 pandemic threatens to interrupt the continuity of law enforcement operations, thereby diminishing law enforcement services and negatively impacting public safety throughout Jefferson County; and WHEREAS, law enforcement agencies throughout Jefferson County have a duty to ensure law enforcement operations and public safety within their respective jurisdictions; and WHEREAS, peace officers employed throughout Jefferson County are certified by the state and are familiar with laws and processes within the state and the county, and as such are capable of rendering law enforcement mutual aid services anywhere in Jefferson County if any jurisdiction within the county suffers staff shortages as a result of COVID-19; and WHEREAS, given the unknown duration or impact of the COVID-19 emergency it is essential that law enforcement agencies set forth plans for joint operations and duties; and WHEREAS, the City of Wheat Ridge wishes to enter into a memorandum of understanding in the form attached as Exhibit A to accomplish these goals. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado: Section 1. The Memorandum of Understanding among the City and the City of Golden Police Department, the City of Arvada Police Department, the Colorado School of Mines Police Department, the City of Edgewater Police Department, the City of Lakeside Police Department, the City of Lakewood Police Department, the Town of Morrison Police Department, the Town of Mountain View Police Department, the City of Westminster Police Department, the Red Rocks Community College Police Department, and the Jefferson County Sheriff’s Office, attached hereto as Exhibit A, is hereby approved. Section 2. This Resolution shall be effective upon adoption. ATTACHMENT 1 DONE AND RESOLVED this 13th day of April, 2020. Bud Starker, Mayor ATTEST: Steve Kirkpatrick, City Clerk EXHIBIT A MEMORANDUM OF UNDERSTANDING [ATTACHED] MEMORANDUM OF UNDERSTANDING FOR MUTUAL AID FOR LAW ENFORCEMENT EMERGENCY SERVICES This Memorandum of Understanding (“MOU”), is made this 13th day of April, 2020 by and between the City of Golden Police Department, City of Arvada Police Department, Colorado School of Mines Police Department, City of Edgewater Police Department, City of Lakeside Police Department, City of Lakewood Police Department, Town of Morrison Police Department, Town of Mountain View Police Department, City of Westminster Police Department, City of Wheat Ridge Police Department, Red Rocks Community College Police Department, and Jefferson County Sheriff’s Office, all of which are law enforcement agencies of political subdivisions and/or entities of the State of Colorado hereinafter referred to as “Parties,” or singularly as “Party”. WHEREAS, in accordance with the Colorado Disaster Emergency Act (“Act”), C.R.S. §24-33.5-704, on March 10, 2020, Governor Jared Polis, by proclamation, declared a state of emergency in Colorado to provide access to resources, legal flexibility, protect vulnerable communities all to better contain the COVID-19 virus and its consequences (the “Emergency”); and WHEREAS, in response to the Governor’s Proclamation all Parties declared local emergency disasters which activated their Emergency Operation Plans, which provide for and, given the scope of the Emergency, has resulted in the need for additional law enforcement assistance among the Parties; and WHEREAS, to address and implement law enforcement operations and duties during the Emergency the Parties have formed the Jefferson County COVID Task Force (“Task Force”), which has been assisted by the Jefferson County Sheriff deputizing of all Parties’ peace officers; and WHEREAS, on March 25, 2020 Governor Polis issued Health Order No. 20-24 implementing a Stay at Home Order and Social Distancing Requirements (the “Order”) to continue until April 11, 2020 unless extended, rescinded, superseded or amended in writing, and it is now anticipated that the Order and its restrictions will be continued either by the State or applicable County Health Department for an unknown period; and WHEREAS, given the unknown duration or impact of the Emergency it is essential that the Parties set forth plans for joint operations and duties in a Memorandum of Understanding. NOW, THEREFORE, for and in consideration of the mutual understandings the Parties hereby state as follows: 1. The Parties agree to furnish emergency services and resources to each other, if available, upon request of a Party, on a non-reimbursable basis. It is specifically agreed that no Party is obligated or required to furnish any service or take any action pursuant to this MOU. For the purposes of this MOU, emergency services includes, but are not limited to, the following: ATTACHMENT 2 2 1.1. The provision of resources and personnel by any Party in response to matters pertaining to or arising from the Emergency; and 1.2. The distribution of personnel, materials, supplies, equipment, and other forms of aid by and between the Parties; and 1.3. The staffing and equipping of fixed or on-site emergency operation centers responsible for coordinating the emergency response activity of any Party affected by the Emergency; and 1.4. Response to incidents (actual or imminent) that endanger the health, safety, or welfare of the public, and which require the use of special equipment, trained personnel or personnel in larger numbers than are locally available in order to reduce, counteract, or remove the danger caused by the incident and/or resulting from the Emergency or a disaster; and 1.5. Participation by personnel in exercises, drills, or other training activities designed to train and prepare for, cope with, respond to, or prevent the occurrence of any disaster or need arising from the Emergency. 2. The dispatch, by any Party, of emergency service resources pursuant to this MOU shall be subject to the following terms and conditions: 2.1. Any request for aid hereunder shall specify the specific resources requested; provided, however, an authorized representative of the responding Party shall determine the specific resources to be furnished; and 2.2. The responding personnel shall report to the requesting Party’s officer in charge and the Parties shall coordinate their actions with on-scene personnel consistent with Task Force guidelines; and 2.3. The responding personnel and/or resources shall as set forth in Task Force guidelines be released by the requesting Party when the services of the responding Party are no longer required or when the personnel and/or resources are needed within their regular service area or any other matter. 3. Plans for the orderly deployment and reception of resources of any Party by any other Party shall be developed by representatives of the Parties consistent with Task Force guidelines, and in accordance with the General Operational Guidelines attached hereto as Addendum 1. Such plans shall include the method of transporting and receiving resources, the specific resources to be received at designated locations, the manner in which any necessary food, clothing, housing, and medical care shall be provided, the assignments of the personnel, anticipated utilization of resources, and other relevant factors. 3 4. Duties: 4.1. Should any Party require the aid of any of the other Parties, the entity’s Executive Officer or Chief of Police or their authorized designee shall make such request for aid to their counterpart of any other Party to this MOU. 4.2. The Party who is requested to extend aid may, in its discretion, withhold resources from another Party under any circumstances, whether or not obligated by the MOU to provide aid or at any time resources or lack thereof prohibit providing aid. 4.3. Each Party shall at all times be responsible for its own personnel and equipment. Personnel assigned to serve pursuant to this MOU shall remain the employee of their jurisdiction and shall, likewise, remain subject to and covered under that Party’s liability and other insurance or self-insurance coverage, in addition to its personnel policies and procedures, including but not limited to, policies and procedures governing overtime, employment compensation and benefits, worker’s compensation, vacation and sick time, grievances and discipline, job performance review, duty assignments, and termination. Each Party shall also retain responsibility for the conduct of personnel it assigns and in the event a claim or legal action should be brought against a Party’s employee arising from the employee’s conduct, the responding Party, at its sole cost, shall be responsible to defend the employee within the terms, protections, limitations, and immunities, provided each Party under the Liability of Peace Officers, C.R.S. § 29-5-111, and the Colorado Governmental Immunity Act, (“CGIA”) C.R.S. § 24-10-101, et seq., as it may be amended from time to time. Further, no Party waives the limitations, immunities and protections afforded each in accordance with the CGIA, as it may be amended from time to time. In addition, nothing in this MOU nor the performance of the Parties shall constitute a “temporary assignment” of the responding Party’s personnel and equipment to the requesting Party and, thus, C.R.S. § 29-5-108 is not applicable to this MOU. The provisions of this paragraph shall survive and remain in effect against any Party that should withdraw from this MOU, as well as the termination of the MOU. 5. This MOU shall continue in force until December 31, 2020; however, the appropriate representative(s) of the Parties may, individually or collectively upon written notice to all Parties, withdraw from and/or terminate the MOU. 6. Any amendment to this MOU shall only be valid upon a writing accepted by all Parties. 7. This MOU is made solely for the benefit of the Parties hereto and is not intended, nor shall it be deemed, to confer, give, or allow any rights or claim or right of action by any person or entity not signatory hereto. 8. This MOU embodies the entire understanding of the Parties. There are no promises, terms, conditions, or obligations other than those contained herein, and this writing supersedes all previous communications, representations, or MOUs, either verbal or written, between the Parties. 4 9. This MOU may be executed in several counterparts and, as so executed, shall constitute one MOU, binding on all the Parties even though all have not signed the same counterpart. Any counterpart which has attached to it separate signature pages, which together contain the signature of all the Parties, shall be deemed a fully executed instrument for all purposes. EXECUTED BY THE PARTIES as of this day of April, 2020. CITY OF GOLDEN POLICE DEPARTMENT By: Chief William Kilpatrick CITY OF ARVADA By: Mark Deven, City Manager COLORADO SCHOOL OF MINES POLICE DEPARTMENT By: Chief Dustin Olson CITY OF EDGEWATER POLICE DEPARTMENT By: Chief John Mackey CITY OF LAKEWOOD POLICE DEPARTMENT By: Chief Daniel McCasky 5 CITY OF LAKESIDE POLICE DEPARTMENT By: Chief Robert Gordanier TOWN OF MORRISON By: __________________________________ Chief George Mumma TOWN OF MOUNTAINVIEW By: __________________________________ Chief Steve Davis CITY OF WHEAT RIDGE By: _________________________________ Bud Starker, Mayor CITY OF WESTMINSTER By: ______________________________ Chief Tim Carlson RED ROCKS COMMUNITY COLLEGE By:_______________________________ Chief Sean Dugan JEFFERSON COUNTY SHERIFF’S OFFICE By: ________________________________ Sheriff Jeff Schrader MEMORANDUM OF UNDERSTANDING FOR MUTUAL AID FOR LAW ENFORCEMENT EMERGENCY SERVICES ADDENDUM 1 GENERAL OPERATIONAL GUIDELINES General: The Parties will provide effective law enforcement services to citizens throughout Jefferson County and will appropriately and reasonably enforce local and state laws and ordinances during the Emergency. The Parties will use reasonable efforts, to the extent practical, to follow these General Operational Guidelines when providing police services (“Services”) to other Parties during the Emergency. A Party providing Services in another jurisdiction is referred to in this Addendum as an “Assisting Agency” or “Assisting Jurisdiction.” The jurisdiction in which other agencies are responding to provide Services is referred to as the “Host Agency” or “Host Jurisdiction.” The Parties acknowledge that nothing herein should be construed to prevent supervisors and/or command officers of either an Assisting Agency or a Host Agency from determining any particular course of action based on the totality of the circumstances in any incident. Briefings: Each Party should conduct shift change or other incident briefings in a manner that allows for effective communication with Assisting Agency officers when necessary. Agencies are encouraged to utilize remote or internet video/audio briefings if possible. Assisting Agency and Host Agency personnel should coordinate briefings as necessary to facilitate cooperation. General Dispatch Operations: 1. Jeffcom will dispatch only Priority 1 and Priority 2 calls for service in a Host Jurisdiction when an Assisting Agency is providing police services to that jurisdiction. 2. All calls for service other than Priority 1 and Priority 2 calls will be screened by the Assisting Agency supervisor/commander to determine course of action (i.e. no report at this time, phone report, ask citizen to call back when staffing levels are normalized…..Discuss this….) 3. Main LE channel. JeffCom can move “cars” to the appropriate dispatch screen. General Patrol Operations: 1. General Call Response and Related Case Filings a. Calls for service that are dispatched to an Assisting Agency officer, except major crime investigations, will be handled by the Assisting Agency from start to finish, including, as applicable, investigation, issuance of any state summonses, misdemeanor or felony filings, and custodial arrests when appropriate. ATTACHMENT 3 b. Assisting Agency officers will document incidents to which they respond in a Host Jurisdiction with an Assisting Agency case number. Any incidents subsequently referred to the Host Agency for further investigation or other action will be assigned a Host Agency case number at that time. c. Assisting Agencies will not issue any municipal summonses in a Host Jurisdiction. 2. Major Crimes a. In the event of a major crime the Assisting Agency will handle the initial investigation and secure the scene until the Host Agency can provide relief personnel. b. If the Host Agency cannot provide personnel due to call load, or there are no Host Agency personnel available, the Assisting Agency will assume and handle the investigation in accordance with existing Assisting Agency investigation policies and procedures. 3. Crime Classifications a. General- General crime reports will be reviewed and analyzed by a Host Agency supervisor to determine the type of response needed (i.e. person crime vs. property crime). If no Host Agency supervisor is available, a Responding Agency supervisor will review such crime reports. b. Felony Crimes- Felony crimes investigated by an Assisting Agency and any associated arrests will be processed and filed by the Assisting Agency in accordance with the Assisting Agency’s case investigation and arrest procedures. 4. Assisting Agency Documentation a. General AOA Reports- In cases where the Host Agency takes over an investigation initiated by a Assisting Agency (such as a major crime investigation), the Assisting Agency will document their portion of the investigation in an AOA report and provide copies to the Host Agency for their case file. b. Felony AOA Reports- In cases where felony crimes are investigated by Assisting Agency and no arrests are made, or the case otherwise requires follow up investigation (i.e. the Host Agency does not respond or felony property crime(s)), the Assisting Agency will complete an AOA report and the investigating Assisting Agency officer or a supervisor will discuss the case with the Host Agency. The Host Agency will then assume the case and conduct an investigation per its existing policies and procedures. 5. Evidence Processing a. Evidence will be processed and collected by the agency conducting the investigation and processed/stored as per that agency’s evidence policy and procedure. 6. Traffic Accident Reporting/Investigation a. In the event an Assisting Agency responds to a minor traffic accident (i.e. no injuries, vehicles are drivable, no DUI involvement), the drivers will be referred to make a counter or online report. b. The Jefferson County Sheriff’s Office does not ordinarily investigate traffic accidents. Therefore, in the event the Jefferson County Sheriff’s Office is the initial Assisting Agency to a traffic accident involving a fatality, serious bodily injury, D.U.I., or auto/pedestrian involvement, the assigned deputy will request an officer from another Assisting Agency or from the Host Agency to conduct the investigation. Extended Assisting Agency Operations: 1. Activity Reporting- a. In the event that an Assisting Agency provides a Host Jurisdiction with one or more officers/deputies for one or more full patrol shifts, the Assisting Agency will report its activities to the Host Agency on a daily basis. b. The Assisting Agency’s report to the Host Agency should include a synopsis of: i. Number of calls for service; ii. Number of arrests; iii. Types of cases, including cases that may require referral to the Host Agency; iv. Major crimes and/or unusual occurrences; v. Known citizen complaints, and vi. Any other issues as may be determined by Assisting Agency supervisors 2. Agency Contacts- a. Each agency will designate a contact person(s) that is available 24/7 as a liaison with the other agencies. 3. Assisting Agencies will provide a supervisor while covering and providing assistance to a Host Agency. Unless impossible due to illness, the Host Agency will have a supervisor available at all times to meet and/ confer as necessary with Assisting Agency personnel and supervisors. Uniforms and Patrol Vehicles: 1. Assisting Agencies will wear their standard duty uniform at all times while providing Services in a Host Jurisdiction. 2. Assisting Agencies will operate only marked patrol cars when providing Services in a Host Jurisdiction, provided that Assisting Agency supervisors may operate unmarked cars in any Host Jurisdiction as necessary.