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HomeMy WebLinkAboutVirtual City Council Agenda Packet 07-13-20AGENDA CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO July 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 participate in these ways: 1. Provide comment in advance at www.wheatridgespeaks.org (comment by noon on July 13, 2020 ) 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: 966 9872 7781 3. View the meeting live or later at www.wheatridgespeaks.org, Channel 8, or YouTube Live at https://www.ci.wheatridge.co.us/view 4. Individuals who, due to technology limitations, are unable to participate in the meeting virtually (via the Zoom platform) or by calling in on the telephone may contact Danitza Sosa, Assistant to the Mayor and City Council, at 303-235-2977 by noon on the day of the meeting. Arrangements will be made for those individuals to access City Hall during the meeting to view the meeting and provide public comment if desired. These comments will be heard and seen in real time by members of Council and City staff. Individuals accessing City Hall must practice social distancing, wear a mask or other facial covering and be free of COVID-19 symptoms. 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 APPROVAL OF MINUTES City Council minutes of June 22, 2020 Study Session Notes of July 6, 2020 APPROVAL OF AGENDA CITY COUNCIL AGENDA: July 13, 2020 Page -2- CITIZENS’ RIGHT TO SPEAK a. Citizens may speak on any matter not on the Agenda for a maximum of 3 minutes under Citizens Right to Speak. Please speak up to be heard when directed by the Mayor. b. Citizens who wish to speak on a Public Hearing item or Decision, Resolution or Motion 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 PUBLIC HEARINGS AND ORDINANCES ON SECOND READING 1. Council Bill No. 11-2020 - 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 ORDINANCES ON FIRST READING 2. Council Bill No. 13-2020 - an ordinance amending Chapter 26 of the Wheat Ridge Code of Laws pertaining to the form and timing of cash-in-lieu payment for parkland dedication requirements 3. Council Bill No. 14-2020 - an ordinance amending Chapter 26 of the Wheat Ridge Code of Laws concerning notice requirements for continued and postponed public hearings DECISIONS, RESOLUTIONS AND MOTIONS 4. Motion to amend the contract for Engineering Consulting Services for Phase II of the Wadsworth Boulevard Improvement Project with HDR Engineering, Inc., Denver, CO, to incorporate additional design fees in the amount of $384,627 for a total project cost of $2,529,557.12 5. Resolution No. 37-2020 - a resolution approving an intergovernmental agreement with the City of Edgewater regarding the 26th Avenue Drainage Improvements 6. Resolution No. 38-2020 a resolution concerning the acquisition and acceptance of 4084 Wadsworth Boulevard for the purpose of constructing, installing, maintaining and using public improvements for improving Wadsworth Boulevard by either negotiation and voluntary purchase or, if necessary, through the utilization of the City’s power of eminent domain, and authorizing such action as necessary to accomplish said purposes 7. Resolution No. 39-2020, a resolution concerning the lease back of property located at 4084 Wadsworth Boulevard to Edward E. Colson, III Trust et. al CITY COUNCIL AGENDA: July 13, 2020 Page -3- CITY MANAGER’S MATTERS CITY ATTORNEY’S MATTERS ELECTED OFFICIALS’ MATTERS ADJOURNMENT City Council Meeting Minutes CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING June 22, 2020 Note: This meeting was held virtually, using Zoom video-teleconferencing technology. As duly announced and publicly noticed, Council previously approved this format in order to continue with normal business and respond to the CoVid-19 Pandemic and the related public emergency orders promulgated by the President of the United States, the Governor of Colorado, and the Wheat Ridge City Council. Before calling the meeting to order, Mayor Starker stated the rules and procedures necessitated by this meeting format. Mayor Starker called the Regular City Council Meeting to order at 7:00 p.m. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA ROLL CALL OF MEMBERS Janeece Hoppe Judy Hutchinson Zachary Urban Rachel Hultin Amanda Weaver Korey Stites Leah Dozeman Valerie Nosler Beck Also present: City Clerk, Steve Kirkpatrick; City Attorney, Gerald Dahl; City Manager, Patrick Goff; City Planning Director, Lauren Mikulak; Administrative Services Director, Allison Scheck; other staff, guests and interested citizens. PROCLAMATIONS AND CEREMONIES Parks and Recreation Month Proclamation Mayor Bud Starker proclaimed the Month of June as Parks and Recreation Month and urged all to enjoy our wonderful outdoor recreational environment and athletic facilities. Mr. Guy Nahmaich, Chair of the Parks and Recreation Commission reminded us of how much our parks and recreation facilities mean to us, especially during the pandemic. Our town exemplifies the best there is to offer in municipal recreational facilities and parklands. APPROVAL OF MINUTES Without objection or corrections, the Study Session Notes for June 1, June 15, 2020, Special City Council Minutes of June 1, 2020 and City Council minutes of June 8, 2020 were approved as published, with one edit. On June 8th, Mr. Goff reported that the Homeless Navigator position will be shared among Golden, Wheat Ridge and Edgewater (not Arvada). City Council Minutes June 22, 2020 page 2 APPROVAL OF AGENDA Approved, with one change; item 2 will be taken up first, followed by Item 1. CITIZENS’ RIGHT TO SPEAK Ihor Figlus, 9775 W. 36th, Avenue – called to discuss his experience with Wheat Ridge Speaks. He would prefer that citizens can post more than one photo/graphic with each comment. We also cannot upload PowerPoint presentations. The Community Planning Department often reports on a full plan put forth by a developer, making staff de facto proponents of the developers’ wants. Citizens should be able to present a full, detailed and engaging presentation to support their views. Brian Dwyer and Alana Dwyer, Wheat Ridge, called to complain that night after night there are fireworks disturbing the peace. Several others in the Wheat Ridge Facebook group have complained also about the fireworks. Zoriana Morozewych, called to cite the notices required in Chapter 10 of the City Charter, in detail. She asserted that the public hearing scheduled for this evening (Item 1 on the Agenda) should not be held because of faulty notice. The Mayor asked her to await the public comments on Agenda Item 1 when that time comes. She complained that the Mayor had, “cut me off.” Jean Tomes, 4605 Jay St. called to complain about extremely loud, daily fireworks displays, including “mortar-sized bombs.” On June 15th she called the WR Police, who did not cite anyone even though there were inebriated adults present and children discharging large fireworks. She indicated that it is past time to enforce the law to preserve public health, the peace, property and even lives. Those who flaunt this law should have to pay a fine of up to $5,000. Jerry DiTullio, Wheat Ridge – Called to say that those who think citizens are not getting access to enough information do not fully appreciate the extent and transparency of the information available these days from the City of Wheat Ridge. He believes that those who oppose most residential development in the City and delay action by Council on zoning changes are accomplishing too little and causing needless delays, especially in the case of the Clear Creek Crossing case (Item 1) on tonight’s agenda. He also asked that we re-open the Business Revitalization Program for a third round because some businesses were unable to apply in time. He thinks we are doing a great job at information sharing and transparency, and thanked the elected officials and City staff for their tireless efforts to use every means available to keep the public informed. Odarka Figlus, 10580 W. 34th Avenue called to speak to the issue of collecting signatures for initiative petitions. Council made an exception for liquor license applicants to fulfill the Needs and Desires requirement in state law, why not a temporary exception for collecting initiative petition signatures too? There is nothing that keeps Council from providing a similar exception for collecting voters’ signatures under our Home Rule Charter. We should fulfill our eloquent statements about encouraging City Council Minutes June 22, 2020 page 3 citizens to speak and participate with some accommodation for circulating petitions during the public health emergency. Please, address the safety and right to participate in local government without putting one ahead of the other. Note about Wheat Ridge Speaks: Citizens may visit the Wheat Ridge Speaks website and enter written comments of up to 1,000 words on any Council agenda item. The deadline for citizens to submit comments is 12:00 Noon Mountain Time on the day of a Council session so that Council members, other elected officials and City Staff have time to review the comments before the meeting on Monday evening. The City Clerk’s Office transcribes those Wheat Ridge Speaks comments into these minutes, placing each comment along with the record for that agenda item, including items that include a public hearing (verbatim, if the comments do not contain lascivious language or unlawful hate speech). For this Council session there were several comments entered into Wheat Ridge Speaks. Comments entered into Wheat Ridge Speaks begin here, except those that address a specific agenda item. Those related to an agenda item are included in these minutes under the relevant item. The use of illegal fireworks, including "professional" mortar cannon sized fireworks, in Wheat Ridge has grown exponentially over the last few months. There are explosions in my immediate neighborhood occurring all hours on a daily basis. On June 15th the police responded to several neighbor's calls of complaint for the use of mortar sized fireworks. Including myself. The police witnessed the use of illegal fireworks by young children at the address given to them in our complaint. There were several intoxicated adults also on site of the complaint address. The police did NOT issue a citation to the any of the adults at the home. The next night, as well as several nights since the residents at the complaint address have continued to use illegal fireworks. If our police department is not going to enforce the illegal fireworks laws or city noise ordinances these nightly explosions will continue to go unchecked. These nightly explosions are making Wheat Ridge an unpleasant, unhealthy & dangerous place to live. They are degrading the peace and are creating a great risk of fire danger and property damage for homeowners. Is the City of Wheat Ridge waiting until a child is killed or injured in an explosion or a neighbor's home is set on fire risking the lives of the people living within until some real action is taken to stop these incidents from happening? I propose an increase to $5000.00 for the use dangerous mortar sized fireworks in the city of Wheat Ridge. I further propose that any adult authorizing and giving a child any incendiary device be issued a citation for the same amount and required to attend child endangerment training with zero tolerance. These few residents are being allowed to City Council Minutes June 22, 2020 page 4 create hazardous & mentally damaging living conditions for the majority of the residents of Wheat Ridge. 06/22/2020 11:59 am Jean Tomes 4065 Jay Street Wheat Ridge, 80033 CONSENT AGENDA There were no items in this category tonight. PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Discussion began at approximately 7:35 PM. Note that this item was taken up after the Council dispensed with item 2 below. For clarity and parallelism between these minutes and the packet distributed for this session, the agenda items are NOT renumbered herein. 1. Council Bill No. 10-2020 - 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. Councilmember Stites introduced Council Bill 10-2020. 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. The following comments appeared in Wheat Ridge Speaks related to this item: I am writing to express my concerns regarding a change increasing building height limitations for the SCL-Lutheran Medical Center (SCL) located within the Clear Creek Crossing Project (CCC). Applicant states that additional building height is needed to accommodate existing hospital rules regarding ceiling height, and also to enable a rooftop helipad and elevator shaft to move patients quickly from the helipad into the hospital. SCL states that since its purchase of property in CCC, it has “refined their needs for PA 1 and their vision for the services they are seeking to provide to the community.” Wheat Ridge Planning Division Staff Report to City Council, 4/13/2020, Lauren Mikulak. While the CCC project was initially zoned to allow for hospital uses, no special provisions for building height relating to hospitals and/or helipads was included in that City Council Minutes June 22, 2020 page 5 zoning. After SCL applied for rezoning, a neighborhood meeting to allow neighborhood residents to discuss the application occurred on October 23, 2019, during which various neighbors expressed concerns over the proposed height of the building, the helipad height, and air traffic noise and pollution which would be created by helicopters. (Exhibit 6, Mikulak Memo) SCL advised the neighbors that the helipad at SCL’s current location on W. 38th Avenue is used only, on average, 5 times per month. I am uncertain whether this statement means that the helipad is used by patients only on average 5 times per month, or whether this figure represents overall helicopter take-offs and landings. Since I live close to the present SCL-Lutheran Hospital, and often see the helicopter in flight, the 5 times per month figure seems very low. Once again, we have an application for a zoning change by an entity on property purchased shortly before filing its change application. I worry that this will become the norm regarding properties at CCC. An attitude of “buy the property regardless of its zoning because we can easily have the zoning modified to suit our planned use after we purchase the property” shouldn’t be encouraged. Repeatedly allowing rezoning under these circumstances doesn’t allow property owners to rely on the current zoning within their neighborhoods. The current CCC zoning in area P-1 allows for hospitals. It does not allow for hospitals that are 102’ high, or heliports that rise to 135’ in height. And, most importantly, it did not allow for these heights at the time the property was purchased. I suggest that all other zoning regulations in the CCC complex be reviewed, to insure that other proposed uses and the industry standards governing those uses aren’t in conflict with the CCC zoning, which, according to SCL, is what brought about its need for changes in height requirements. Even without the requested height changes, SCL would be able to build its hospital, by building fewer floors and expanding the ground coverage of its complex. SCL suggested that it was more than willing to work with nearby neighbors to control noise and air pollution, as well as traffic impacts on their neighborhoods resulting from the new hospital. It would be helpful to the neighbors if SCL agreed to revisit these issues after the hospital has been operating for a period of time, similar to the agreement made between Denver International Airport and Adams County. 06/21/2020 2:07 pm Kathy Havens 7060 West 39th Ave Wheat Ridge, 80033 Public Hearing Mayor Starker re-opened the public hearing, continued from a previous Council Meeting (June 8th). City Clerk Kirkpatrick assigned Ordinance 1690 Staff Presentation by Lauren Mikulak, Director of Planning: The Director gave a detailed presentation and incorporated into the public record the files related to this City Council Minutes June 22, 2020 page 6 case, including but not limited to the proceedings of the Planning Commission, public comments and her presentation to Council. In particular, she addressed why this project does not fall under the Charter limits on the height of buildings, but rather by the terms of a referendum passed in 2008 by the voters. She also explained that because of properly filed protests, approving this ordinance requires a super majority of six positive votes in Council. Mr. Dahl also commented that there have been many questions and complaints about posting and public notices. He opined that those procedures were followed completely and correctly in this case. He commented further that the protesters do live within the area required by Charter and Code. Therefore, our rules were followed, and Council is empowered to act and in fact obliged to proceed this evening with this public hearing. The applicant for the zoning variance also made a presentation to the public hearing. Stephen Chung, SVP for Supply Chain and Real Estate for SCL Health, led a team of SCL executives and managers who made a presentation on behalf of the applicant. Grant Wicklund, CEO of Lutheran Medical Center was a co-presenter. The applicant gave a detailed presentation with audio-visual support, which is part of the public hearing record as it was captured during the virtual meeting video. Public Comment Terri Urbanowski, 8015 Melrose Drive – lives close to the existing Lutheran Hospital and has never had a problem with helicopter noise. She is in favor of approving this ordinance. Lindsay Burney 3880 Garrison St. – also lives near the current Lutheran Hospital. She spoke gratefully and appreciatively about Lutheran and the care the staff provides to residents of Wheat Ridge. The current 60-year-old facility is outdated, and we need a new facility with modern structure and better technological capabilities. Edward Pollito, MD, 3251 Oak St., former trauma director at Lutheran, supports the proposed ordinance. He has grown ever prouder of the hospital and its service to the community as indicated by its consistently high national rankings. Tyler Carlson, Managing Partner at Evergreen Development, wholeheartedly supports the ordinance to allow the zoning variance. (His company is heavily engaged in this project as owners of adjacent properties.) The proposed changes will meet the current and future healthcare needs of our City and surrounding communities. He also noted that the delays in holding this hearing have negatively impacted the timeline for completing this project to no apparent benefit. Zoriana Morozewych, 3651 Ward Road, returned to the virtual podium to speak in opposition to this proposed ordinance. She again asserted that the public notice for this City Council Minutes June 22, 2020 page 7 hearing was not properly posted and published. She also said that there are no plans available to review at City Hall as required by law. She listed examples of improper posting of the notices on fences and other locations along street fronts adjacent to the property. She asserted that these signs were all in violation of required notices. She asserted also that the plans were not properly posted on the City website. This hearing should not be held she asserted, because it does not comply with the law. Kristi Davis, 7975 W. 39th Avenue, called to support this proposed height variance, as denying the variance would harm the people of the City and Lutheran’s ability to provide exceptional, state-of-the art healthcare. Jeff Wickstrum, 152 Willow Leaf Drive, Littleton. He is head of the Evergreen Development Corporation, which is building the residences and business park adjacent to the hospital. His company is excited to be part of the mixed use development project at Clear Creek Crossing, and thinks moving the heliport to the roof makes sense on every count. Bill Needham, MD, 24336 Choke Cherry Lane, Golden, the Emergency Department Director at Lutheran. His team provides the care for the most critical patients incoming to the hospital. He explained why using a rooftop helipad is much better for the incoming patients; seconds saved in an effort to get a critically ill or injured patient to the ER or the OR can, and often do, mean the difference between life and death. Jerry DiTullio, Wheat Ridge, returned to encourage Council to pass this ordinance because it will benefit not only the City but also all of Jefferson County. He would want that helipad if he were in the helicopter with a life-threatening condition. We definitely need this facility not only for the people of Wheat Ridge but also Jefferson County and surrounding municipalities and rural counties. The Mayor introduced Mr. Dahl, who wanted to put onto the record questions for Councilmember Dozeman to determine whether she has a conflict of interest because she works for SCL Health. Mr. Dahl determined that not only may Councilmember Dozeman participate, but she is required by Charter to participate and to vote. Council Questions Councilmember Urban wanted to confirm that his seat on the SCL Health Foundation Board does not create a conflict of interest. Mr. Dahl determined that Councilmember Urban is qualified to participate and is required to do so. Councilmember Hutchinson asked what level of trauma center Lutheran has. Mr. Chyung replied level 3 and explained the difference between levels of trauma centers. Mayor Starker closed the public hearing at about 8:34 PM. Motion by Councilmember Stites to approve Council Bill No. 10-2020, 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, on City Council Minutes June 22, 2020 page 8 second reading, and that it takes effect 15 days after final publication, for the following reasons: 1. The Planning Commission has recommended approval of the rezoning after conducting a proper public hearing. 2. The proposed rezoning has been reviewed by the Community Development Department, which has forwarded its recommendation of approval. 3. The proposed rezoning has been found to comply with the criteria for review in Section 26-603 of the Code of Laws. Seconded by Councilmember Urban; and after due deliberation and discussion motion carried 8-0 (Required super majority attained). Item 2 from the published Agenda was taken up first, without objection from Council. 2. Council Bill No. 11-2020 - 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) Discussion began at approximately 7:25 PM. Councilmember Weaver introduced Council Bill 11-2020. 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. 38th Avenue (southeast corner of W. 38th Avenue and Johnson Street). The purpose of this request 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. Staff Presentation by Mr. Goff who introduced Mr. Dahl, who announced that the City has received a duly submitted protest; therefore per Code this public hearing will automatically continue to July 13th, at 7 PM. In response to a Councilmember’s question Mr. Dahl explained that the City must post the public notices anew for that public hearing on July 13th. The following comments appeared in Wheat Ridge Speaks related to this item. I live very close to this intersection. I am a resident of Wheat Ridge. Zoning to develop this property as requested is a great fit for this corner. I like that it will represent residential type property. 06/19/2020 6:55 pm Diane Hindman 3640 Lewis St Wheat Ridge, 80033 I am a resident of Wheat Ridge, and I live along the 38th Avenue Corridor. I have reviewed the Staff Presentation provided. This plan is well thought out and is consistent with typical Wheat Ridge housing development. Matching the adjacent Eastern Property City Council Minutes June 22, 2020 page 9 configuration of single and multifamily housing is in my opinion smart. I like the fact that more affordable duplex type buildings are an option, along with typical single-family homes. Continuing to provide single and multi-family alternatives is a smart growth plan for the city. I support the development as proposed and appreciate the thoughtful design of the SDP. 06/19/2020 3:37 pm Jean-Paul Aymon 11880 W. 38th Place Wheat Ridge, 80033 I have been a resident of Wheat Ridge about 15 years. I live south of 38th between Youngfield and Kipling. I have watched the process on this piece of property since before the Hardi's purchase. I feel they have done an excellent job on studying what the city needs. Middle Range Homes and Affordable Housing. There are so many positives to this kind of housing at this location. I am in my mid 70's and will one day be looking to downsize. This type of housing would be perfect for what I'd be looking for. Some of the positives include; closeness to Wheat Ridge Recreation Center, restaurants nearby, service stations, auto repair, grocery store and even a Star Bucks Coffee Shop all within walking distance. Also when the grandkids come to visit, there's a wonderful playground right out your door. Then there's public transportation; #38 RTD, I have taken this bus numerous times to downtown Denver for work, entertainment and dining, plus it’s a direct line to the Colorado Rockies Baseball Stadium. Don't have to look for a parking spot, wait in lines, or paying of parking fees, and it runs about every half hour. Then on Kipling there is the #100 RTD, running north and south. I have taken it to the Colfax and Oak St. Station, transferred to the light rail and taken that to concerts and football events at the Bronco Stadium. Many of my friends, my age, think it would be what they are looking for also. They have commented that when they decide to downsize, they don't want to move into a ranch style house that was built in the 1960's or 1970's that needs restored. They want something new that is close to Metro Denver, not too expensive and not too large. I think Metro Denver needs a lot more housing of this type. I also believe it would be a good starter house for young adults. I feel the Hardi's have done a very good job at looking to the future and seeing what the needs of the community will be. Wes Johnson 06/20/2020 4:04 pm Wes Johnson 3595 Quail St Wheat Ridge, 80033 As a Wheat Ridge resident living 4 blocks from this space, I think this plan fits Wheat Ridge perfectly. It’s not overloading the space and is far better than commercial buildings. It will be upgrading the space. I’m tired of the vacant lot and weeds. Let this plan move forward. I’m excited to have nice quality classy living in this space. 06/21/2020 12:30 pm City Council Minutes June 22, 2020 page 10 Amber O’Hara 3320 Kline St Wheat Ridge, 80033 Please read my comment from 4/13/20. I would like council to address the question of why this development could not be done with an R-2 or R-2A zoning. Why does this absolutely have to be zoned PRD? In the past, the PRD zoning here was touted as a transition zone. A transition between R-1 and R- 2? I realize that R-2 is not allowed for more than an acre - but the property is going to be subdivided anyway, so subdivide it and zone it R-2. Or tell us, please, why it is simply impossible. And assure us all that this is a unique situation and being rezoned as a one-time variance just to get this corner developed. Promise us that the city planners do not have designs for extending such zoning through the surrounding neighborhood and the developers are not salivating at the prospect of established precedent for rezoning R-1 to PRD. 06/21/2020 9:23 pm Margaret Nelson 9865 W 37th Ave Wheat Ridge, 80033 We're writing to express our support for the Hardi ODP, and zone change at 9800 W. 38th Avenue. We live just a few blocks from this proposed development, on 34th Place west of Kipling. We have reviewed the development plan and believe that it addresses the most important issues for new development in the neighborhood, i.e., low density, adequate parking, and aesthetic appeal. We like the fact that the homes will have a variety of architectural styles. Besides, there is almost no community benefit in having vacant land at that location. Ardelan and Kim Hardi have been our neighbors on west 34th Place in Wheat Ridge for many years. They have made many improvements to their property and have been conscientious and diligent about maintaining it. We're confident they will bring the same effort to their development at 9800 W. 38th Avenue. Ben Garcia and Cheryl Blum Garcia 06/22/2020 9:23 am Ben Garcia 10210 w. 34th Pl. Wheat Ridge, 80033 I have commented on this before and feel strongly that this would be a very welcome addition to this area. Just don't understand why it is taking so long to happen. Barb Carmosino 06/22/2020 11:24 am Barbara Carmosino 3425 Miller St., Wheat ridge, 80033 City Council Minutes June 22, 2020 page 11 Please keep in mind that the vast majority of Wheat Ridge residents do NOT want residential zones changed to accommodate density. Actually, I wouldn't want to see this development go in anywhere. It has too many problems. 06/22/2020 11:42 am Judy Capra 7070 W 43rd Ave Wheat Ridge, 80033 This Public Hearing cannot take place because it was not properly posted. It was not properly posted in two ways. 1. The signs were not posted to the property until mid-morning on June 8 (please see attached photos). The WR City Charter states that such postings must be on the property for a minimum of 15 days (Sec 5.10). According to WR City Ordinance 26- 109.F on how to count days with the first and last day being included in the count (which, by the way, does NOT conform with both generally accepted legal procedure and the State of Colorado Civil Procedure - both of which specify that the first day is not to be counted), the posting appears to conform with the requirements. However, 26- 109.F fails to redefine "Day" which is specifically defined in Sec 1-2 of the City Ordinances as being "the period of time between 12:00 midnight and the 12:00 midnight following". Therefore, the example used in 26-109.F is faulty and, because neither June 8 nor June 15 are "days" by definition. Accordingly, the notice has not been posted for the required number of days and the Public Hearing on the rezoning cannot be held on June 22nd. 2. The City Charter states that the posted notices "shall contain the statement that specific plans for the proposed changes are available for inspection at the Wheat Ridge City Hall." As can be seen from the attached picture of the actual sign, it does not contain the required statement. Therefore the posting is not legal and the Public Hearing on the rezoning cannot be held on June 22nd. *Please note that this posting method does not allow for attachment of more than one photo and I will try to do so by making additional posts and by sending this comment to the City Clerk for adding to the Public Record for this meeting. 06/22/2020 11:54 am Ihor V Figlus 9775 West 36th Avenue Wheat Ridge, 80033 Note: Mr. Figlus had four photos that he attempted to submit to Wheat Ridge Speaks. ORDINANCES ON FIRST READING 3. Council Bill No. 12-2020 - An Ordinance approving the rezoning of property located at 11700 W. 46th Avenue from Agricultural-One (A-1) to Residential-Two (R-2). City Council Minutes June 22, 2020 page 12 Councilmember Nosler Beck introduced Council Bill 12-2020. The applicant is requesting approval of a zone change from Agricultural-One (A-1) to Residential-Two (R-2) for property located at 11700 W. 46th Avenue. The zone change will result in a zoning that matches surrounding zoning designations. It will also address the site’s existing nonconforming conditions such that the existing duplex will go from a legal nonconforming use to a legal and conforming use that complies with the zoning. Motion by Councilmember Nosler Beck to approve Council Bill 12-2020 - an ordinance approving the rezoning of property located at 11700 W. 46th Avenue from Agricultural- One (A-1) to Residential-Two (R-2)), order it published, with public hearing set for Monday, July 27, 2020 at 7:00 p.m. as a virtual meeting, and that it take effect 15 days after publication; seconded by Councilmember Stites; carried 8-0. DECISIONS, RESOLUTIONS AND MOTIONS Discussion began at approximately 8:41 PM 4. Motion to approve an appointment to fill a District I vacancy on the Planning Commission Councilmember Hoppe introduced Item 4. Due to the recent resignation of Richard Peterson from the Planning Commission, a vacancy in City Council District I currently exists. The term of this position expires on March 2, 2021. Motion by Councilmember Hoppe, to appoint Ari Krichiver, the Planning Commission seconded by Councilmember Hutchinson, to fill a term ending 3/2/21. Motion passed 8-0. 5. Resolution No. 35-2020 – A Resolution condemning racism. Councilmember Hultin introduced Resolution 35-2020. As a result of recent tragic events that have occurred across the country, and the sadness expressed by the City of Wheat Ridge's Mayor, City Council, City Manager, Police Department and employees city-wide, the City of Wheat Ridge wishes to approve a resolution condemning racism and hate. The City is committed to safeguarding our community while ensuring that the Constitutional rights of every person who lives, works and visits our great City are protected. The City of Wheat Ridge, Colorado stands steadfast with all citizens of Wheat Ridge against racism and reaffirms its commitment to fighting for racial justice and human and civil rights for all. Councilmember Hultin read into the record a slightly revised version of the Resolution from the one published with the meeting packet Thursday last. City Council Minutes June 22, 2020 page 13 Please, note: The text below is the final language of the Resolution passed by Council on June 22nd, 2020. To avoid confusion, this and only this version appears in the minutes here below, and it incorporates the changes made to the Resolution by Council during this meeting, via motions to amend the motion to approve this Resolution. Note well that the exact proposed amendments, whether approved and incorporated in the Resolution’s final version or defeated when Council voted on each amendment, are documented below in the minutes of the discussion of this motion. CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 35 Series of 2020 TITLE: A RESOLUTION CONDEMNING RACISM AND HATE WHEREAS, the City of Wheat Ridge, its Mayor, City Council, City Manager, Chief of Police, the entire Wheat Ridge Police Department and employees city-wide, are deeply saddened by the deaths of Black Americans, including the senseless death of George Floyd on May 25, 2020 in Minneapolis, Minnesota; and WHEREAS, the City of Wheat Ridge affirms that the lives of Black people matter and the nationwide movement both articulates and brings awareness to the injustices that exist at the intersections of race, class, and gender including: mass incarceration; police brutality; poverty; unaffordable housing; income disparity; homophobia and transphobia; gender inequality; poor access to health care; and poor access to equitably resourced education and educational opportunities; and WHEREAS, recent events are a compelling reminder that for the past 401 years, including 155 years since the abolition of slavery in the United States, violent acts and prejudices are perpetrated daily against Black people in our country and in our own community; and WHEREAS, racism and hate have no place in our City. There is much work to be done to stop pervasive, long-standing and devastating racial injustices in our community; and WHEREAS, we strive to be a community where all mothers, fathers and caregivers can raise their children to feel safe and where all people can feel safe, regardless of the color of their skin, the language they speak, their country of origin, their religion, their gender identity, their sexual preference, and ability; and WHEREAS, we are committed to safeguarding our community against the root causes of, and the damages stemming from, racism and hate and to protecting the Constitutional and human rights of every person who lives, works and visits our City; and City Council Minutes June 22, 2020 page 14 WHEREAS, the Wheat Ridge Police Department is a nationally accredited agency and has embraced the six pillars of policing from President Obama’s Task Force on 21st Century Policing including: Building Trust and Legitimacy, Policy and Oversight, Technology and Social Media, Community Policing and Crime Reduction, Officer Training and Education and Officer Safety and Wellness; and WHEREAS, the City of Wheat Ridge pledges to work alongside community leaders and residents to provide effective public safety, while continuing to earn the trust of the community they serve; and WHEREAS, this Resolution is an important step towards condemning racism and hate in all its forms and that for true systematic change, it is incumbent on city leaders and community members to listen with open hearts and minds and to take informed, meaningful actions. NOW, THEREFORE, BE IT RESOLVED that the Mayor and City Council of the City of Wheat Ridge, Colorado stand steadfast with all citizens of Wheat Ridge against racism and reaffirm its commitment to fighting for racial justice and human and civil rights for all. DONE AND RESOLVED this 22nd day of June 2020. [Signatures block] End of Resolution 35-2020 text. The following comment was entered into Wheat Ridge Speaks about this item. In the past three weeks, I’ve read multiple comments in the Nextdoor app for our neighborhood where people say they aren’t racist while their comments reflect that they aren’t aware of their unconscious racism. I also wanted to believe I wasn't racist. These last weeks have brought an awareness to me that we all naturally have biases and to live peacefully with our neighbors, we need to understand and acknowledge these biases. The statement made by the City Council tonight is deeply appreciated. I request that the city continues their work by providing unconscious bias training to all city officials. Offering this training to city officials will help to ensure that the policies they create do not unintentionally negatively impact a particular group. This could help save Wheat Ridge residence from unintended hardship and it could save the city from future legal fees. It would also allow the city to put energy and awareness into creating policies and events that promote diversity and inclusivity. These actions have the potential to decrease racism among residents. City Council Minutes June 22, 2020 page 15 I want to live in a city where every person is treated with respect and dignity and being aware of our biases is one step towards getting there. For reference, here is a link to an article written by Rita Soler Ossolinski, the program director of the National League of Cities’ Race, Equity, and Leadership (REAL) department. https://citiesspeak.org/2019/06/21/implicit-bias-liability-and-cities/ 06/22/2020 11:43 am Holly Storm 3600 Garrison St Wheat Ridge, 80033 Public Comment Morgan Richards, 3255 Zane St. Ms. Richards is the founder of Wheat Ridge for Equity, an organization that supports inclusion and opposes racism. She spoke about her support for this resolution as a good step and foundation for future progress through community involvement. She looks forward to clear, measurable action steps. She had three asks: 1. Commitments for Equity Training for city leadership and staff 2. Community Task Force of diverse member to oversee and lead this work. 3. A transparent, systemic review of our Wheat Ridge City processes. Mike Ksenyak, 4495 Yarrow St., Wheat Ridge. Has been a resident of Wheat Ridge for five years. He and his husband, a gay man of color, have lived here for 5 years. They love Wheat Ridge. He encouraged strongly the passage of this resolution, and seconded the three requests Morgan Richards just made. Juan Pérez Saéz, 4495 Yarrow St., Mr. Ksenyak’s spouse, spoke in support of the resolution and seconded Ms. Richards requests of Council and the City government. Council Questions and Comments Councilmember Nosler Beck recounted her participation in the process of drafting the resolution, and how it forms the basis for community cooperation and change going forward. Councilmember Weaver thanked the councilmembers and the public who worked so hard on this resolution. Many others contributed in listening sessions and by contributing to drafts. Councilmember Hoppe thanked the councilmember who were part of this collaboration; they have accomplished a great feat. Councilmember Hultin spoke of how much she learned during this process, and how she better appreciates others’ perspectives on levels she did not appreciate previously. She recalled reading a codicil in her deed, written in 1946, which prohibited people of color from occupying home – except a domestic servants. She realizes we all have a lot of work to do, and she is ready to do it. City Council Minutes June 22, 2020 page 16 Councilmember Urban listed several places in the proposed Ordinance where the language is contradictory or hard to interpret. For instance, he wants to change the title to “…Against Racism.” He listed several specific items in the “Whereas…” clauses of the proposed Resolution that he proposed changing. Councilmember Dozeman echoed Councilmember Hultin’s comments and how hard it is for people to listen, self-assess, understand others’ life experiences and learn more about how change can happen, beginning with herself. Councilmember Nosler Beck urged Council to pass this resolution tonight; this resolution could be improved, but perfect is the enemy of good. It is time to begin this work. Councilmember Hoppe supports the resolution as it is, because passing this tonight starts the next steps. Motion by Councilmember Hultin to approve Resolution 35-2020, a resolution condemning racism, seconded by Councilmember Hultin to approve the resolution as read into the record tonight; seconded by Councilmember Nosler Beck. Councilmember Urban moved to amend the motion to remove the words, “and hate” from the title. After due discussion and deliberation the amendment failed 4 - 5, with the Mayor Starker voting nay to break the 4-4 tie. Councilmembers Weaver, Hultin, Nosler Beck and Dozeman also voted nay. Councilmember Urban moved to amend the motion to strike the word “unnecessary,” from the second line of the first “Whereas…” clause; seconded by Councilmember Weaver. After due discussion and deliberation the amendment passed, 5-3, with Councilmembers Weaver, Hultin and Hoppe voting nay. Councilmember Urban moved to amend the motion in the fourth “Whereas,” remove the sentence, “There is much work to be done to stop pervasive, long-standing racial injustices in our community.” Seconded by Councilmember Stites. After due discussion and deliberation the amendment failed 3-5, with Councilmembers Stites, Urban and Hutchinson voting aye. Councilmember Urban moved to amend the third “Whereas…” clause to remove the word “daily”. Seconded by Councilmember Dozeman. After due deliberation and discussion the amendment failed 2-6, with Councilmembers Urban and Hutchinson voting aye. Councilmember Urban moved to amend the fifth “Whereas…” clause to insert a period after the phrase, “…can feel safer,” and striking the remainder of that sentence. Seconded by Councilmember Hutchinson. Following due deliberation and discussion, the amendment failed 2-6, with Councilmembers Urban and Hutchinson voting aye. City Council Minutes June 22, 2020 page 17 Councilmember Urban moved to remove from the seventh Whereas the words “procedural Justice,” and substitute the words, “building trust and legitimacy.” Seconded by Councilmember Stites. The amendment passed 8-0. As amended the main motion, passed 6-2, with Councilmembers Urban and Hutchinson voting nay. 6. Resolution No. 36-2020 – A Resolution of the Wheat Ridge City Council extending the request for the wearing of face coverings in all Wheat Ridge businesses Councilmember Urban introduced Resolution 36-2020. City Council approved a resolution on June 1, 2020 requesting customers of all Wheat Ridge businesses to wear face coverings. That request expires on June 22, 2020. This resolution will provide for an extension of that request through July 27, 2020. Public Comment No one came forward to speak. Council Questions Motion by Councilmember Urban to approve Resolution 34-2020, a resolution of the Wheat Ridge City Council extending the request for the wearing of face coverings in all Wheat Ridge businesses through July 27, 2020, seconded by Councilmember Hutchinson. Councilmember Stites move to amend the motion to strike the word “request,” and substitute the word, “recommend.” Seconded by Councilmember Nosler Beck. Amendment failed 4-5, with Mayor Starker voting nay, breaking a 4-4 tie. Councilmembers Weaver, Nosler Beck, Hoppe and Hultin also voted nay on the amendment. After due deliberation and discussion, the motion passed 6-2, with Councilmembers Dozeman and Stites voting nay. CITY MANAGER’S MATTERS Had nothing for tonight. CITY ATTORNEY’S MATTERS Nothing tonight. ELECTED OFFICIALS’ MATTERS Councilmember Nosler Beck commented about the passage of the Resolution condemning racism and hate. She would like a study session this summer facilitated by City Council Minutes June 22, 2020 page 18 an external resource to create action items to implement the Resolution. She also asked that Council and City Staff participate in implicit bias and equity training. Councilmember Dozeman supported that request. Councilmember Hoppe indicated that these sessions will be added to the schedule this summer. Councilmember Nosler Beck thanked the local artists who have been making chalk art along sidewalks across the City. Councilmember Dozeman announced on behalf of County Treasurer DiTullio that interest charges on late property tax payments will be waived through July 31st. Councilmember Stites asked how we can better enforce the fireworks laws. Mr. Goff indicated that he has asked Chief Murtha to increase enforcement efforts. Councilmember Hultin recognized Sherry Kegan, District II Wheat Ridge resident, who will be walking from the Jefferson County Court House in Alabama to Canada this summer to inspire efforts to address civil rights concerns and issues. She also asked why Town Center Park has been fenced and closed. Mr. Goff replied that too many people have been sleeping in the park, creating a public health problem. Councilmember Urban gave an update to the Business Stabilization Program, and outcomes of the application process for round 2. The round is over, and all applicants have been notified whether they will receive a grant or will not. Councilmember Hoppe has added to the future topics list during Study Sessions, matters related to policies and procedures for zoning changes. The Mayor thanked those citizens who came to participate tonight, reflecting their efforts to stay informed and participate. He thanked the Councilmember and citizens who brought forth the anti-racism resolution. He also thanked Mr. Urban and those who worked so hard on the Business Stabilization Program. ADJOURNMENT The meeting adjourned at 10:07 pm. _____________________________ Steve Kirkpatrick, City Clerk APPROVED BY CITY COUNCIL ON July 13, 2020 ______________________________ Janeece Hoppe, Mayor Pro Tem The preceding Minutes were prepared according to §47 of Robert’s Rules of Order, i.e. they contain a record of what was done at the meeting, not what was said by the members. City Council Minutes June 22, 2020 page 19 Recordings and DVD’s of the meetings are available for listening or viewing by contacting the City Clerk’s Office, as well as copies of Ordinances and Resolutions. STUDY SESSION NOTES CITY OF WHEAT RIDGE, COLORADO City Council Virtual Session July 6, 2020 Mayor Bud Starker called the Study Session to order at 6:31 p.m. This meeting was conducted as a VIRTUAL MEETING. No members of the Council or City staff were physically present at the Municipal building for this meeting. The public could attend in person appearing in Council Chambers (with arrangements made in advance), or participate in the meeting virtually (via the Zoom platform), or by calling in on the telephone. Note about attending: Those persons may contact Danitza Sosa, Administrative Assistant to the Mayor and Council, at 303-235-2977 or via email (dsosa@ci.wheatridge.co.us) by noon on the day of the meeting. Where arrangements can be made to access City Hall during the meeting, either to view the meeting, to provide public comment, citizens will be admitted to Council Chambers. Those individuals accessing City Hall must practice social distancing, wear a mask or other facial covering and be free of COVID-19 symptoms. Mayor Starker welcomed the Council, other elected officials, staff and interested citizens. The Mayor also explained the virtual meeting format, how citizens will have the opportunity to be heard, and the procedures and policies to be followed. Council members were all present: Amanda Weaver, Judy Hutchinson, Zach Urban, Janeece Hoppe, Rachel Hultin, Korey Stites, Valerie Nosler Beck, and Leah Dozeman. Also present: City Clerk, Steve Kirkpatrick; City Treasurer, Chris Miller; City Manager Patrick Goff; City Attorney Jerry Dahl; Director of Parks and Recreation, Karen O’Donnell; Community Development Director, Ken Johnstone; Director of Public Works, Greg Knudson; Director of Administration Allison Scheck; Assistant to the City Manager, Marianne Schilling, Police Department Chief, Chris Murtha and Division Chief, Jim Lorenz; Cheryl Brungardt and Christine Disney with the Wheat Ridge Outside Agency Program; guests and interested citizens. Citizens’ Right to Speak No one came forward to speak. Note about Wheat Ridge Speaks: Citizens may visit the Wheat Ridge Speaks website and enter written comments of up to 1,000 words on any Council agenda item. The deadline for citizens to submit comments is 12:00 Noon Mountain Time on the day of a Council session so that Council members, other elected officials and City Staff have time to review the comments before the meeting on Monday evening. The City Clerk’s Office transcribes those Wheat Ridge Speaks comments into these minutes, placing each comment along with the record for that agenda item, including items that include a public hearing (verbatim, if the comments do not contain lascivious language or unlawful hate speech). No comments appeared in Wheat Ridge Speaks for this meeting. 1. Outside Agency Committee recommendations Discussion began at 6:33 pm, approximately 0:03 minutes into the recording of the session Item: City Council created the Outside Agency Program Review Committee in June 2016 to review outside agency applications and present recommendations to City Council on the funding amounts each organization should receive. The purpose of creating this committee was to provide an additional opportunity for residents to participate in the budget process, and to give the committee members the opportunity to weigh community needs against available resources and provide recommendations to City Council. Staff (Marianne Schilling, Assistant to the City Manager) introduced two member of the Outside Agencies Program Committee for their report to Council. Committee members Cheryl Brungardt (District I) and Kristine Disney (District II) recapped the process, described the key patterns of funding gaps for outside agencies and presented the committee’s recommendations. These included: • The committee reviewed applications and listened to presentations from 25 different community organizations, totaling $171,000 in requests. The original request was $186,000; however the Seniors Resource Center reduced their request from $30,000 to $15,000 during the Committee review process. This resulted in an overall reduction in funding requests of $12,800 compared to last year. • Four new applications were received for the 2021 Outside Agency Program. Two have applied and been awarded funding in previous years (Friends of Paha and Farmers 5000) and two are new applicants to the program (Wheat Ridge Grange and Applewood Community Foundation). • The review committee is recommending granting $133,800 to outside agencies in the 2021 budget. This is the same amount recommended as last year. The recommended budget will be distributed between 25 agencies, with the highest year over year increase for an existing applicant at $2,800 for Family Tree. Councilmembers had questions and comments for the Committee member and staff: Who set the overall budget allocation figure for this Program? City staff did during the normal budgeting process. Several Councilmembers profusely thanked the members of the Committee for their work. Did the application process include asking how much of their overall budget the applicant’s request represents? Ms. Disney responded that in some instances the grants support operating budgets and in many cases the application is to fund a specific project. Those requests for specific purposes are then earmarked for a specific project. Are these applicants looking at multiple sources of funding, or are they entirely or mostly dependent on the OAP for operating funds? The answer was that it varies, and this year the variability is greater than usual because CoVid-19 has increased demands for their services; in some cases vastly increased demand. Is this budget eligible for CARES Act funding? No, because the Act funds expenses for 2020 only and this report addresses recommendations for the 2021 fiscal and calendar year budget. Do we know what our budget for 2021 will look like at this point? Mr. Goff emphasized that it is too soon, that we have too little data to be sure, and that to date the picture looks much better than some of the early, dire predictions. 2. Strategic Plan Update Discussion began at 6:52 pm, approximately 0:22 minutes into the recording of the session. Item: The Mayor, City Council and staff work together periodically to develop and update a strategic plan that includes a vision, goals and strategic priorities. The following vision statement was last updated in 2017: Wheat Ridge is an attractive and inviting city and community for families. Wheat Ridge has great neighborhoods, is a hub of commerce with a choice of economically viable commercial areas, and has diverse transportation. Wheat Ridge is committed to environmental stewardship and its residents enjoy an active, healthy lifestyle and are proud of their hometown. The vision statement includes the following eight vision topics from which goals and strategic priorities are developed and updated on a regular basis. Vision Topics Include: 1. Wheat Ridge is an attractive and inviting City 2. Wheat Ridge is a community for families 3. Wheat Ridge has great neighborhoods 4. Wheat Ridge has a choice of economically viable commercial areas 5. Wheat Ridge has diverse transportation 6. Wheat Ridge is committed to environmental stewardship 7. Wheat Ridge residents enjoy an active, healthy lifestyle 8. Wheat Ridge residents are proud of their hometown Mr. Goff provided a presentation updating City Council on the status of the current strategic plan as well as the department accomplishments from 2018 and 2019 and department work plans for 2020 and 2021. He and department directors provided Council with a review of progress and plans for all 8 vision topic statements, which encompass 47 strategy statements in the Plan. Councilmembers had questions and comments: Councilmembers asked a number of detailed questions about specific strategic initiatives and progress toward implementing them. Council noted that all strategic initiatives for Vision Topic 6, Environmental Stewardship, have been completed in a short timeframe. Does Council need to revisit this topic and determine next steps? Further discussion will follow. Councilmembers thanked the staff, specifically department heads, for their excellent accomplishments per the Plan. Council is very pleased with the progress reported tonight. February 19-20, 2021 the Council is scheduled to hold the postponed Strategic Planning Retreat, public health orders allowing. 3. Staff Report(s) Discussion began at 8:22 pm, approximately 1:52 hours into the recording of the session Mr. Goff had no further items. 4. Elected Officials’ Report(s) Discussion of this item began at approximately 8:23 PM. Councilmember Nosler Beck explained why she had to step away from tonight’s virtual meeting, to assist a neighbor who had fallen and injured themselves near her home. She was grateful to the first responders who came so quickly and handled the situation so expertly; made her proud to live in Wheat Ridge. Councilmember Hutchinson thanked the Wang developer for cleaning up an overgrown lot on 38th Ave. Councilmember Urban reported on the Federal Payroll Protection Program applications and receipts in Wheat Ridge. Councilmember Hultin lauded the Parks and Recreation staff for their excellent work and interactions with residents during her recent participation in events offered by Parks and Rec. Councilmember Hutchinson asked where people have been buying the amazing number of fireworks we heard and saw on July 4th. (Illegally in Colorado and out of state, was the answer.) Chief Murtha and Mr. Goff noted the dramatic increase in both calls to police to complain about fireworks and the spike in the numbers of fireworks compared to previous years. Coffee with the Mayor will convene this Saturday at 9 AM, virtually, for an hour. The Mayor also thanked the residents for their hard work and continuing efforts to combat coronavirus. He once again predicted we will come through the current pandemic stronger than ever. ADJOURNMENT The Study Session adjourned at 8:30 pm. APPROVED BY CITY COUNCIL ON July 13, 2020. Steve Kirkpatrick, City Clerk Janeece Hoppe, Mayor Pro Tem ITEM NO: DATE: July 13, 2020 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 11-2020 – 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 (05/11/2020) BIDS/MOTIONS ORDINANCES FOR 2ND READING (07/13/2020) RESOLUTIONS (continued from June 22, 2020) 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 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. This request was originally scheduled to be heard at public hearing on April 13, 2020, however, it was determined that the newspaper component of the required public hearing notification was 1 Council Action Form – Rezoning Property at 9800 W. 38th Avenue from R-1 to PRD July 13, 2020 Page 2 not properly amended when—due to COVID-19—the hearing was changed from an in-person to virtual format. The hearing was continued to June 8. On May 11, the original ordinance associated with the request was postponed indefinitely based on concerns related to notification of the virtual meeting format. A new ordinance for this request was introduced on first reading on May 11, and Council ultimately set the public hearing for June 22. On April 13 a protest was received from the owner of property at 9865 W. 37th Avenue. The protest was validated, but subsequently rescinded by the owner on May 11. On June 22, two separate legal protests were received, one from the property owner at 9865 W. 37th Avenue (who filed and rescinded the original protest), and one from the property owner at 9815 W. 37th Avenue. These protests were validated and required the June 22 hearing to be continued to July 13. These protests are still relevant to the vote on July 13, requiring a supermajority for approval, unless otherwise rescinded prior to the hearing. 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. Council Action Form – Rezoning Property at 9800 W. 38th Avenue from R-1 to PRD July 13, 2020 Page 3 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 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 Commission 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. Council Action Form – Rezoning Property at 9800 W. 38th Avenue from R-1 to PRD July 13, 2020 Page 4 RECOMMENDATIONS: The application in this case is for the rezoning of property. This action is quasi-judicial, and as a result, the applicant is entitled to a public hearing on the application. 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 approve Council Bill No. 11-2020 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, on second reading, and that it takes effect 15 days after final publication, for the following reasons: 1. The Planning Commission has recommended approval of the rezoning after conducting a proper public hearing. 2. The proposed rezoning has been reviewed by the Community Development Department, which has forwarded its recommendation of approval. 3. The proposed rezoning has been found to comply with the criteria for review in Section 26-303 of the Code of Laws. Or, “I move to deny Council Bill No. 11-2020, 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, for the following reasons: ______________ and direct the City Attorney to prepare a Resolution of Denial, to be scheduled for Council consideration at the next available regular business meeting.” REPORT PREPARED/REVIEWED BY: Scott Cutler, Planner II Lauren Mikulak, Planning Manager Kenneth Johnstone, Community Development Director Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No. 11-2020 2. Planning Commission Staff Report 3. Planning Commission Meeting Minutes 4. Public Comments – received thru July 2, 2020 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER WEAVER COUNCIL BILL NO. 11 ORDINANCE NO. 1691 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 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; 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 8 to 0 on this 11th day of May 2020, ordered it published with Public Hearing and consideration on final passage set for Monday, July 13th, 2020 at 7:00 o’clock p.m., 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: May 14, 2020 Second Publication: July 16, 2020 Wheat Ridge Transcript Effective Date: July 31, 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 2Case 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 No one wished to speak at this time. 7.PUBLIC HEARING A.Case No. WZ-19-07: an application filed by A&K Investments for 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 for the property located at 9800 West 38th Avenue. Mr. Cutler gave a short presentation regarding the zone change and the application. He entered into the record the contents of the case file, packet materials, the zoning ordinance, and the contents of the digital presentation. He stated the public notice and posting requirements have been met, therefore the Planning Commission has jurisdiction to hear this case. In response to Commissioner VOS' inquiries regarding the two other developments in the area, Mr. Cutler explained both are just west of Kipling. One will be a small commercial building near Starbucks and the other will be 4 duplexes equaling 8 units just west of the dental office. Commissioner VOS also asked what the improvements to Kipling Street will consist of. Mr. Jeffries explained that a 2nd turn lane will be added to both eastbound and westbound 38th Avenue. He mentioned the City is hoping to start construction on this project this coming summer with completion by the end of 2020. He said this should alleviate turning delays and backups in the area. In response to Commissioner OHM'S concerns about the alley design, Mr. Jeffries said that unless there is a compelling reason or high volume to warrant a right­ in/right-out, it will stay full movement. He also explained the distribution of cars to both 38th Avenue and Johnson Street is better than all traffic going to one street or the other. Ms. Mikulak added that Fire prefers two points of access. Commissioner OHM also asked why the alley has a sidewalk. Mr. Cutler clarified that it serves as an alley to access the duplexes, but is also the front yards to the single family homes and is a way for guests walking from the parking area to the front doors of the homes. In response to concerns of sight distance, topography, and detention maintenance, Ms. Mikulak mentioned this will be looked at during the design or SDP phase of the project. Commissioner KERNS inquired why there are 4 parking spaces on the property. Planning Commission Minutes February 6, 2019 -2- Wheat Ridge Speaks Published Comments for February 6, 2020 Planning Commission Meeting Zone change from Residential-One (R-1) to Planned Residential Development (PRD) at 9800 W. 38th Avenue (Hardi ODP) I think the plans for residences at that location is very sound. It’s much better than a commercial property. It would be a very good fit. 02/03/2020 3:35 pm Jeff Johnson 2961 Kendrick St Golden, 80401 I have been a Wheat Ridge resident for 44 years. We built our home here very close to the subject property,needless to say we have seen a lot of changes. I feel this would be such a welcome addition to the neighborhood and the city of Wheat Ridge. It would fit very well with existing structures and the surrounding area. I do not want to see any more commercial buildings or apartments in our area I feel we have plenty of those already in the area. This plan would be keeping with the residential neighborhood of the area. Barbara Carmosino 02/03/2020 7:29 pm Barbara Carmosino 3425 Miller st Wheat Ridge, 80033 I have known Hardi for the past 22 years. Hardi has always had a extremely strong sense of community. I have been a resident of Wheat Ridge since 1964 and have seen many changes over the years. I feel that what Hardi is proposing would be a strong addition to Wheat Ridge first because when Hardi does anything it is always with everyone else in mind. Second is that this will not be a location of apartments which Wheat Ridge has more than we need, third is that this will not develop into some type of commercial property. I drive by this location many times a week and would love to see something as nice as Hardi and Kim are proposing. David V Brewer 02/04/2020 6:56 am DAVID V BREWER 10650 W 32nd Place Wheat Ridge, 80033 ATTACHMENT 4 Wheat Ridge Speaks Published Comments for April 13, 2020 City Council Meeting Item 3 - Zone Change from Residential-One (R-1) to Planned Residential Development (PRD) at 9800 W. 38th Avenue As a former resident of Wheat Ridge, I'm glad to see the interest in this vacant area. We find our selves visiting friends that live in this area and it's encouraging to see interest in the useful development of this plot. This certainly would be an improvement for the immediate neighborhood and a compliment to the city of Wheat Ridge. 04/06/2020 7:23 pm Stan Fossum 4416 S Andes Way Aurora, 80015 This proposed residential community looks to be very thoughtfully planned - not only for the new residents, but also for the existing surrounding neighbors. I think it speaks volumes that the property owners/developers, Ardalan and Kim Hardi, will plan to relocate into this new community. That’s putting your money where your mouth is and really standing behind your product. How many other developers would move into the community they built, especially one that will be as intimate as this! As a (nearly) lifelong resident of Applewood and Golden, it’s encouraging to see areas in surrounding communities get an opportunity to be developed into something beautiful and beneficial. This community will be another gem for the City of Wheat Ridge! 04/08/2020 1:32 pm Jamie Biesemeier-Wilkins 5018 Juniper Way Golden, 80403 I am a Wheat Ridge business owner and give this proposed development my full support. I think the plan is an excellent transition from the mixed housing of duplexes and single-family homes to the busy commercial Kipling corner. Dennis Overton 4955 Miller st Wheat ridge co 80033 04/11/2020 11:28 am Dennis Overton 4955 miller st Wheat ridge, 80033 I am not opposed to the development of this site. I am, however, vehemently opposed to the change in zoning. I think the PRD zoning is unnecessary and inappropriate for a property surrounded by R-1 and R- 2 (with a strip of park land across the street to the west). My worry, as stated innumerable times, is that the zoning change will be used as precedent to encourage developers to move south through the R-1 neighborhood, turning a lovely area of ranch-style homes into a hell-hole of 35-foot townhomes. I think, if council approves this zoning change, it should also provide a guarantee - if not carved in stone, then formalized by statute - that there will be no other zoning changes allowed in this area. R-1 and R-2 only - no more PRD (or PCD) will be permitted. 04/13/2020 10:05 am Margaret G. Nelson 9865 W 37th Ave Wheat Ridge, 80033 Living just across 38th Avenue from this property, I've been watching each of the proposals for development. I'm happy to say that this is the best one so far. If it's built as presented in this application, I feel it will not adversely impact my property here. I'm especially pleased that the central portion of the duplex homes will be built to a low height. This should reduce the street noise reflected towards my home. This is a steep section of street, where drivers often gun their engines up the hill, so this issue is especially important here. Please ensure that, whatever detail changes are made in the final plan, that this streetside building profile is maintained. Because of that steepness, I'd ask you to consider making the West 38th Avenue driveway right turn only. Traffic in this direction is moving uphill, and more slowly. A left turn here is more hazardous, because the street grade steepens above the driveway exit, and this limits sight lines. Some westbound motorists are already moving towards the center turn lane at this point, and this may further interfere with left turns onto the street. 04/13/2020 10:21 am John McMillin 9801 West 38th Ave. Wheat Ridge, 80033 This PRD proposal is too tall and too dense for this property. The alley proposed, rather than a street, provides no overflow parking alternatives for the residents or for visitors within this subdivision. Overflow parking from the surrounding duplexes has been on this vacant property. The alternative for overflow parking would be on Johnson Street and in the parking areas designated for Discovery Park. The increased resident parking would put undo hardship on the property owners on Johnson Street as well as those Wheat Ridge Citizens wishing to use the facilities of Discovery Park. The 20 ft proximity of the duplexes to 38th Ave would be prohibitive to future improvements to this highly traveled and already congested intersection of 38th and Kipling. The 30 foot height of the duplexes would over shadow the already dangerous slope on 38th ave and would prevent natural thaw of snow and ice. The entrance from 38th would also add to the congestion of this dangerous intersection. The Hardis purchased this property with an R-1 designation. The present Zoning would allow them to build four high quality single family homes on this property which would be a positive addition to the neighborhood. This zone change allowing four houses and three duplexes would be an encroachment on the neighborhood as well as on the citizens of Wheat Ridge whose tax dollars went to build Discovery Park for the enrichment of the entire community. 04/13/2020 11:55 am Carol Mathews 3851 Hopt Street Wheat Ridge, 80033 I would like to see this type of upgrade development in this area of Wheat Ridge. It is my opinion that if we don't develop the area with attractive homes this area could start becoming like a Commerce City with low grade development projects and bring in undesired businesses like the adult bookstore on 44th Avenue cross from the Truck Stop property. I like the idea of long time residents like the Hardi's investing in their local area and enhancing the community. I see this as a positive improvement! I have operated my electrical business in Wheat Ridge since 1979. . Daniel W. Mountain, President Mountain Brothers Electric Company 4395 Pierson Street Wheat Ridge, CO 80033 04/13/2020 11:46 am Daniel W Mountain 13847 W. 22nd Avenue Golden, 80401 Wheat Ridge Speaks Published Comments for June 22, 2020 City Council Meeting Item No. 2 - Zone Change at 9800 W. 38th Avenue (Hardi ODP) I am a resident of Wheat Ridge, and I live along the 38th AvenueCorridor. I have reviewed the Staff Presentation provided. This plan is well thought out and is consistent with typical Wheat Ridge housing development. Matching the adjacent Eastern Property configuration of single and multifamily housing is in my opinion smart. I like the fact that more affordable duplex type buildings are an option, along with typical single family homes. Continuing to provide single and multi-family alternatives is a smart growth plan for the city. I support the development as proposed, and appreciate the thoughtful design of the SDP. 06/19/2020 3:37 pm Jean-Paul Aymon 11880 W. 38th Place Wheat Ridge, 80033 I live very close to this intersection. Resident of Wheat Ridge. Zoning to develop this property as requested is a great fit for this corner. I like that it will represent residential type property. 06/19/2020 6:55 pm Diane Hindman 3640 Lewis St Wheat Ridge, 80033 I have been a resident of Wheat Ridge about 15 years. I live south of 38th between Youngfield and Kipling. I have watched the process on this piece of property since before the Hardi's purchase. I feel they have done an excellent job on studying what the city needs. Middle Range Homes and Affordable Housing. There are so many positives to this kind of housing at this location. I am in my mid 70's and will one day be looking to downsize. This type oh housing would be perfect for what I'd be looking for. Some of the positives include; closeness to Wheat Ridge Recreation Center, restaurants nearby, service stations, auto repair, grocery store and even a Star Bucks Coffee Shop all within walking distance. Also when the grandkids come to visit, there's a wonderful playground right out your door. Then there's public transportation; #38 RTD, I have taken this bus numerous times to downtown Denver for work, entertainment and dining, plus its a direct line to the Colorado Rockies Baseball Stadium. Don't have to look for a parking spot, wait in lines, or paying of parking fees, and it runs about every half hour. Then on Kipling there is the #100 RTD, running north and south. I have taken it to the Colfax and Oak St. Station, transferred to the light rail and taken that to concerts and football events at the Bronco Stadium. Many of my friends, my age, think it would be what they are looking for also. They have commented that when they decide to down size they don't want to move into a ranch style house that was built in the 1960's or 1970's that needs to restored. They want something new that is close to Metro Denver, not to expensive and not too large. I think Metro Denver needs a lot more housing of this type. I also believe it would be a good starter house for young adults. I feel the Hardi's have done a very good job at looking to the future and seeing what the needs of the community will be. Wes Johnson 06/20/2020 4:04 pm Wes Johnson 3595 Quail St Wheat Ridge, 80033 As a WheatRidge resident living 4 blocks from this space. I think this plan fits WheatRidge perfectly. It’s not overloading the space and is far better than commercial buildings. It will be upgrading the space . I’m tired of the vacant lot and weeds. Let this plan move forward. I’m excited to have nice quality classy living in this space. 06/21/2020 12:30 pm Amber O’Hara 3320 Kline St WheatRidge , 80033 Please read my comment from 4/13/20. I would like council to address the question of why this development could not be done with an R-2 or R-2A zoning. Why does this absolutely have to be zoned PRD? In the past, the PRD zoning here was touted as a transition zone. A transition between R-1 and R- 2? I realize that R-2 is not allowed for more than an acre - but the property is going to be subdivided anyway, so subdivide it and zone it R-2. Or tell us, please, why it is simply impossible. And assure us all that this is a unique situation and being rezoned as a one-time variance just to get this corner developed. Promise us that the city planners do not have designs for extending such zoning through the surrounding neighborhood and the developers are not salivating at the prospect of established precedent for rezoning R-1 to PRD. 06/21/2020 9:23 pm Margaret Nelson 9865 W 37th Ave Wheat Ridge, 80033 We're writing to express our support for the Hardi ODP and zone change at 9800 W. 38th Avenue. We live just a few blocks from this proposed development, on 34th Place west of Kipling. We have reviewed the development plan and believe that it addresses the most important issues for new development in the neighborhood, i.e., low density, adequate parking, and aesthetic appeal. We like the fact that the homes will have a variety of architectural styles. Besides, there is almost no community benefit in having vacant land at that location. Ardelan and Kim Hardi have been our neighbors on west 34th Place in Wheat Ridge for many years. They have made many improvements to their property and have been conscientious and diligent about maintaining it. We're confident they will bring the same effort to their development at 9800 W. 38th Avenue. Ben Garcia and Cheryl Blum Garcia 06/22/2020 9:23 am Ben Garcia 10210 w. 34th Pl. Wheat Ridge, 80033 I have commented on this before and feel strongly that this would be a very welcome addition to this area. Just don't understand why it is taking so long to happen. Barb Carmosino 06/22/2020 11:24 am Barbara carmosino 3425 Miller st Wheat ridge, 80033 Please keep in mind that the vast majority of Wheat Ridge residents do NOT want residential zones changed to accommodate density. Actually, I wouldn't want to see this development go in anywhere. It has too many problems. 06/22/2020 11:42 am Judy Capra 7070 W 43rd Ave Wheat Ridge, 80033 This Public Hearing cannot take place because it was not properly posted. It was not properly posted in two ways. 1. The signs were not posted to the property until mid-morning on June 8 (please see attached photos). The WR City Charter states that such postings must be on the property for a minimum of 15 days (Sec 5.10). According to WR City Ordinance 26-109.F on how to count days with the first and last day being included in the count (which, by the way, does NOT conform with both generally accepted legal procedure and the State of Colorado Civil Procedure - both of which specify that the first day is not to be counted), the posting appears to conform with the requirements. However, 26-109.F fails to redefine "Day" which is specifically defined in Sec 1-2 of the City Ordinances as being "the period of time between 12:00 midnight and the 12:00 midnight following". Therefore, the example used in 26-109.F is faulty and, because neither June 8 nor June 15 are "days" by definition. Accordingly, the notice has not been posted for the required number of days and the Public Hearing on the rezoning cannot be held on June 22nd. 2. The City Charter states that the posted notices "shall contain the statement that specific plans for the proposed changes are available for inspection at the Wheat Ridge City Hall." As can be seen from the attached picture of the actual sign, it does not contain the required statement. Therefore the posting is not legal and the Public Hearing on the rezoning cannot be held on June 22nd. *Please note that this posting method does not allow for attachment of more that one photo and I will try to do so by making additional posts and by sending this comment to the City Clerk for adding to the Public Record for this meeting. 06/22/2020 11:54 am Ihor V Figlus 9775 West 36th Avenue Wheat Ridge, 80033 Photo 2 06/22/2020 11:59 am Ihor V Figlus 9775 West 36th Avenue Wheat Ridge, 80033 photo 3 06/22/2020 11:59 am Ihor V Figlus 9775 West 36th Avenue Wheat Ridge, 80033 photo 4 06/22/2020 12:00 pm Ihor V Figlus 9775 West 36th Avenue Wheat Ridge, 80033 ITEM NO: __ DATE: July 13, 2020 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 13-2020 – AN ORDINANCE AMENDING CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS PERTAINING TO THE FORM AND TIMING OF CASH-IN-LIEU PAYMENT FOR PARKLAND DEDICATION REQUIREMENTS (CASE NO. ZOA-20-03) PUBLIC HEARING ORDINANCES FOR 1ST READING (07/13/2020) BIDS/MOTIONS ORDINANCES FOR 2ND READING (07/27/2020) RESOLUTIONS QUASI-JUDICIAL: YES NO _______________________________ ____________________________________ Community Development Director City Manager ISSUE: A subdivision ordinance requires cash-in-lieu payment for parkland dedication requirements to be made in the form of a certified check and at the time a plat is recorded for new subdivisions. Staff has found that payment in the form of a certified check is not necessary, and that payment at time of building permit is more appropriate. PRIOR ACTION: On April 28, 2014, City Council adopted Ordinance 1547, Series 2014, an ordinance repealing and reenacting the City’s subdivision regulations, as contained in Chapter 26, Article IV to simplify the subdivision review process and establish consistent and defensible dedication requirements. The section pertaining to public dedications, including parkland, was rewritten and restructured, and a supporting resolution was adopted by City Council on June 9, 2014 establishing fees in lieu based on a market study of land values. This issue pertaining to the form and timing of cash-in-lieu payment for parkland dedication requirements were presented to City Council at a study session on June 1, 2020 at which time 2 Council Action Form – Parkland Fees July 13, 2020 Page 2 Council gave staff direction to proceed with a code amendment. Planning Commission reviewed the proposed ordinance at a public hearing on July 2, 2020. Meeting minutes from the Planning Commission public hearing will be included with the ordinance for second reading. FINANCIAL IMPACT: Parkland fees apply to all residential development, excluding nursing homes and similar uses. A parkland dedication requirement and fee in lieu is common amongst other municipalities and is based on the premise that additional residents create additional demand on parks, trails, and open space. The fee generates revenue that is used to offset the costs the city incurs to acquire, develop and maintain its parks and recreation properties and facilities. It can only be used for those purposes. The parkland fee is calculated based on a formula that determines the amount of land required for dedication per City Council Resolution 34, Series 2014. Depending on the location and type of residential unit, the fee in lieu currently ranges from $1,783.78 to $2,497.29 per unit. BACKGROUND: The intent of the subdivision code rewrite in 2014 was in large part to align the City code with the reality that Wheat Ridge is a largely built-out community focused on redevelopment and infill projects. The subdivision regulations are intended to be streamlined, well organized, predictable, consistent and equitable. In doing the research that resulted in the ordinance and resolution that were adopted in 2014, one area of focus was on staff’s approach to determining park land dedications and associated fees in lieu, as well as form and timing of payment. Most often, a fee is paid in lieu of land dedication. Staff believes the process is reasonable and predictable; however, the timing of fee payment for new subdivisions does not always align with the time of construction and has been difficult to track. Section 26-414.A.4.e of the City code currently reads as follows: Form and timing of cash-in-lieu payment. Cash-in-lieu payments shall be paid to the city by certified check and deposited in the city account to be used solely for the acquisition, development, or improvement of parks, open space, bicycle and pedestrian trails, and related facilities. For subdivisions, payment shall be made at the time the plat is recorded. For development, payment shall be made prior to building permit issuance. Staff has found that subdivisions are often times established far before development occurs, and payment is better correlated at time of building permit. Thus, staff is recommending approval to amend the subdivision regulations to require cash-in-lieu payment to be made prior to building permit issuance for all development, including new subdivisions. In addition, the code currently requires the cash-in-lieu payment for park fees in the form of a certified check which creates an unnecessary step for applicants and does not always reflect Council Action Form – Parkland Fees July 13, 2020 Page 3 current practice. This is not a code requirement for any other fee in the Community Development Department. Because park fees will now likely be paid in much smaller increments and with building permit fees, and because building permit fees are not paid by certified check, this code amendment also removes the requirement for certified check. Staff has the ability to use discretion and require a certified check for substantial fees, without this being a codified requirement. Based on these changes, the code language would be edited to read as follows: Form and timing of cash-in-lieu payment. Cash-in-lieu payments shall be paid to the city and deposited in the city account to be used solely for the acquisition, development, or improvement of parks, open space, bicycle and pedestrian trails, and related facilities. For development and subdivisions, payment shall be made prior to building permit issuance. RECOMMENDATIONS: Staff recommends approval of the ordinance. RECOMMENDED MOTION: “I move to approve Council Bill No. 13-2020, an ordinance amending Chapter 26 of the Wheat Ridge Code of Laws pertaining to the form and timing of cash-in-lieu payment for parkland dedication requirements, on first reading, order it published, public hearing set for Monday, July 27, 2020 at 7:00 p.m., as a virtual meeting, and that it take effect 15 days after final publication.” Or, “I move to postpone indefinitely Council Bill No. 13-2020, an ordinance amending Chapter 26 of the Wheat Ridge Code of Laws pertaining to the form and timing of cash-in-lieu payment for parkland dedication requirements, for the following reason(s) _________________.” REPORT PREPARED/REVIEWED BY: Stephanie Stevens, Senior Planner Lauren Mikulak, Planning Manager Kenneth Johnstone, Community Development Director Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No. 13-2020 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER _______ COUNCIL BILL NO. 13 ORDINANCE NO. ____ Series 2020 TITLE: AN ORDINANCE AMENDING CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS PERTAINING TO THE FORM AND TIMING OF CASH-IN-LIEU PAYMENT FOR PARKLAND DEDICATION REQUIREMENTS WHEREAS, the City of Wheat Ridge (“City”) is a home rule municipality operating under a charter adopted pursuant to Article XX of the Colorado Constitution and vested with the authority by that article and the Colorado Revised Statutes to adopt ordinances for the regulation of land use and protection of the public health, safety and welfare; and WHEREAS, in exercise of that authority, the City Council of the City of Wheat Ridge has previously enacted Chapter 26 of the Wheat Ridge Code of Laws (the “Code”) pertaining to zoning, land use, and development; and WHEREAS, Chapter 26 includes regulations pertaining to the form and timing of cash-in-lieu payment for parkland dedication requirements; and WHEREAS, the City Council recognizes the need to align the timing of cash-in-lieu payment for parkland dedication with building permit to better correlate fees with both the timing of construction and the impact on the City’s parks and recreation system; and WHEREAS, the City Council also finds it appropriate to modify the form of payment to reflect current practice and simplify processes. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Section 26-414.A.4.e of the Wheat Ridge Code of Laws, regarding dedication of public parks and sites, is amended as follows: A. Public parks and trails. […] 4. Requirement for parkland dedication. […] e. Form and timing of cash-in-lieu payment. Cash-in-lieu payments shall be paid to the city by certified check and deposited in the city account to be used solely ATTACHMENT 1 2 for the acquisition, development, or improvement of parks, open space, bicycle and pedestrian trails, and related facilities. For subdivisions, payment shall be made at the time the plat is recorded. For development AND SUBDIVISIONS, payment shall be made prior to building permit issuance. Section 2. Safety Clause. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be attained. Section 3. Severability, Conflicting Ordinances Repealed. If any section, subsection or clause of this Ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 4. Compliance Required – Applicability. This Ordinance shall apply to all development which does not by the effective have a vested property right, pursuant to the provisions of Section 26-121 of the Code of Laws of the City of Wheat Ridge. Section 5. Effective Date. This Ordinance shall take effect fifteen (15) days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of ___ to ___ on this 13th day of July 2020, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge, and Public Hearing and consideration of final passage set for July 27, 2020 at 7:00 p.m., as a virtual meeting. 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 3 Approved as to Form _________________________ Gerald E. Dahl, City Attorney First Publication: Second Publication: Wheat Ridge Transcript Effective Date: Published: Wheat Ridge Transcript and www.ci.wheatridge.co.us ITEM NO: DATE: July 13, 2020 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 14-2020 – AN ORDINANCE AMENDING CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING NOTICE REQUIREMENTS FOR CONTINUED AND POSTPONED PUBLIC HEARINGS (CASE NO. ZOA-20-04) PUBLIC HEARING ORDINANCES FOR 1ST READING (07/13/2020) BIDS/MOTIONS ORDINANCES FOR 2ND READING (07/27/2020) RESOLUTIONS QUASI-JUDICIAL: YES NO _______________________________ ____________________________________ Community Development Director City Manager ISSUE: Requirements for the notice of public hearings are provided in the City Charter and Chapter 26 of the Code of Laws. This includes notice by sign and letter as well as publication in the newspaper and on the City’s website. Sometimes a public hearing is continued or postponed, and this code amendment provides procedural clarity on notice requirements for those situations. PRIOR ACTION: Planning Commission will review the proposed ordinance at a public hearing on July 16, 2020. Meeting minutes from the Planning Commission public hearing will be included with the ordinance for second reading. FINANCIAL IMPACT: None BACKGROUND: Between March and June 2020, three separate zoning applications were scheduled for public hearings before City Council and Planning Commission. For a variety of reasons, the respective 3 Council Action Form – Continued & Postponed Hearings July 13, 2020 Page 2 public hearings were postponed and continued several times. This series of events highlighted a lack of clarity in the code around the notice requirements associated with postponed and continued hearings. For a scheduled public hearing, notice requirements are described in Charter Section 5.10 and Code Section 26-109 and include the following: • Sign notice – posted for 15 consecutive days on all street frontages on the subject property, the timing of which includes the day of the posting and the day of the hearing • Letter notice – sent 15 days before the hearing by first class mail to all property owners within 300 feet of the subject property • Newspaper publication – published 15 days before a zone change hearing and 10 days before other hearing types in a newspaper of general circulation; the City typically uses the Wheat Ridge Transcript for which the publishing deadlines are several days before distribution • Web publication – published 10 days before the hearing on the City’s Legal Notices page on the City’s website In addition to these codified requirements, the public can find information in advance of a hearing on the City’s online calendar and on the Wheat Ridge Speaks site. Most of the time, a public hearing is opened as scheduled and is decided upon in the same night, but this is not always the case. A postponed public hearing is one that was scheduled and noticed but is never opened and is ultimately rescheduled. Postponements can and have occurred for a variety of reasons including inclement weather; the applicant being unavailable to attend; or simply at the request of the applicant, staff or reviewing body. A postponed hearing is typically rescheduled to a specific date. Most often, a hearing is postponed to the next available business meeting of the Council or Commission. A continued hearing is opened but is either not conducted or not completed in the same night. In some cases, testimony is heard and then the hearing is continued. In other cases, a hearing may be opened with no testimony taken before it is continued. In September 2019, Section 26-112.C.7 was amended by Ordinance 1673 to implement the zone change protest provisions under Section 5.10 of the City Charter. Based on that amendment, if a protest against a zone change ordinance is received after the first reading of the ordinance, the public hearing is automatically continued to the next regular business meeting of City Council. The code also stipulates that notice for the continued hearing be given in the same manner as notice for the adopted ordinance on first reading. These two provisions, however, are inherently in conflict, and necessitate the amendment attached here. When the next business meeting is only two weeks out, it is impossible to meet the time requirements described above for signs, letters, and publications. Proposed Amendment In local government, it is common practice that a hearing continued or postponed to a specific date is not subject to the same notice requirements as the original hearing date. Wheat Ridge staff and Council Action Form – Continued & Postponed Hearings July 13, 2020 Page 3 decision makers place a high value on public notice, and staff has customarily provided courtesy notice of continued or postponed hearings by sign, letter, and publication. The code, however, is largely silent concerning notice requirements for postponed and continued hearings, and as noted above the one code provision creates a conflict. The attached ordinance provides necessary clarity for staff, decision makers, applicants, and the general public: notice of continued and postponed hearings will be required by sign, letter, newspaper and web, but is not required to meet the time requirements in the code applicable to the initial hearing date. As always, it will be staff’s practice to execute notice in good faith and as expeditiously as possible upon learning of a postponement or continuation. RECOMMENDATIONS: Staff recommends approval of the ordinance. RECOMMENDED MOTION: “I move to approve Council Bill No. 14-2020, an ordinance amending Chapter 26 of the Wheat Ridge Code of Laws concerning notice requirements for continued and postponed public hearings, on first reading, order it published, public hearing set for Monday, July 27, 2020 at 7:00 p.m., as a virtual meeting, and that it take effect 15 days after final publication.” Or, “I move to postpone indefinitely Council Bill No. 14-2020, an ordinance amending Chapter 26 of the Wheat Ridge Code of Laws concerning notice requirements for continued and postponed public hearings, for the following reason(s) _________________.” REPORT PREPARED/REVIEWED BY: Lauren Mikulak, Planning Manager Kenneth Johnstone, Community Development Director Gerald Dahl, City Attorney Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No. 14-2020 ATTACHMENT 1 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER _______ COUNCIL BILL NO. 14 ORDINANCE NO. ____ SERIES 2020 TITLE: AN ORDINANCE AMENDING CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING NOTICE REQUIREMENTS FOR CONTINUED AND POSTPONED PUBLIC HEARINGS WHEREAS, the City of Wheat Ridge is a home rule municipality having all powers conferred by Article XX of the Colorado Constitution; and WHEREAS, the City Council has exercised these powers by the adoption of Chapter 26 of the Wheat Ridge Code of Laws (the “Code”) concerning zoning and development; and WHEREAS, the Council wishes to provide procedural clarity on the notice requirements associated with a continued and postponed public hearing; and WHEREAS, the Council desires for those procedures to be in alignment with common practice. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Section 26-109.E of the Code of Laws, regarding public hearing notice and procedure, is amended to read: 1. Postponements: After a public hearing has been legally noticed, only one (1) postponement by the applicant may be allowed by the planning commission, board of adjustment or city council. Upon the second request for postponement, the planning commission, board of adjustment or city council shall have the authority, which they may exercise at their discretion, to dismiss the application. NOTICE FOR A POSTPONED HEARING SHALL BE PROVIDED IN THE MANNER OUTLINED ABOVE, HOWEVER SUCH NOTICE IS NOT REQUIRED TO MEET THE TIME REQUIREMENTS. Section 2. Section 26-109.E of the Code of Laws, regarding public hearing notice and procedure, is amended by the addition of a new subsection 4, to read: 4. CONTINUED HEARINGS: IN THE EVENT A PUBLIC HEARING IS OPENED AND CONTINUED TO A SPECIFIC DATE, NOTICE OF THAT DATE SHALL BE PROVIDED IN THE MANNER OUTLINED ABOVE, HOWEVER SUCH NOTICE IS NOT REQUIRED TO MEET THE TIME REQUIREMENTS. -2- Section 3. Section 26-112.C.7.b of the Code of Laws, regarding the procedure for zone change protests, is amended to read: b. In the event that a letter of protest is submitted prior to first reading of the ordinance for a change of zone, and such protest has been determined by the community development staff to meet the required property ownership and area requirements of Charter 5.10, the hearing shall be conducted on the originally scheduled date for second reading of the ordinance. If a protest is submitted after first reading of the ordinance, the hearing SHALL BE OPENED WITH NO TESTIMONY TAKEN AND shall THEREUPON automatically be continued to the next regular business meeting of the council. , and nNotice of such continued hearing shall be made CONSISTENT WITH THE PROVISIONS FOR CONTINUED HEARINGS IN SECTION 26-109. in the same manner as notice for adoption of ordinances on first reading and setting the public hearing thereon. Section 4. Severability Conflicting Ordinances Repealed. If any section, subsection or clause of this Ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 5. Effective Date. This Ordinance shall take effect immediately upon adoption, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of __ to __ on this 13th day of July, 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 July 27, 2020 at 7:00 p.m., as a virtual meeting, and that it be effective immediately upon adoption. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of ___ to ___, this 27th day of July 2020. SIGNED by the Mayor on this ____ day of July 2020. ______________________________ Bud Starker, Mayor ATTEST: _________________________ Steve Kirkpatrick, City Clerk -3- Approved as to Form _________________________ Gerald Dahl, City Attorney 1st publication: 2nd publication: Wheat Ridge Transcript: Effective Date: ITEM NO: DATE: July 13, 2020 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO AMEND THE CONTRACT FOR ENGINEERING CONSULTING SERVICES FOR PHASE II OF THE WADSWORTH BOULEVARD IMPROVEMENT PROJECT WITH HDR ENGINEERING, INC., DENVER, CO, TO INCORPORATE ADDITIONAL DESIGN FEES IN THE AMOUNT OF $384,627 FOR A TOTAL PROJECT COST OF $2,529,557.12 PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO _______________________________ ______________________________ Community Development Director City Manager ISSUE: In April 2015, the City was awarded funding through the Denver Regional Council of Governments (DRCOG) Transportation Improvement Program (TIP) to improve Wadsworth Boulevard from 35th Avenue to 48th Avenue. Local funding for the project was also generated with the voters’ 2016 approval of the 2E ballot measure for a temporary ½ cent sales and use tax rate increase. Due to changes from the original scope of work for the contract that was executed with HDR Engineering, Inc. in 2018, a contract amendment needs to be executed to provide the funds necessary to complete the design phase of the project. This contract amendment includes the items shown in the attached scope of work. The largest scope item involves the addition of the noise wall between 35th and 38th Avenues on the east side of Wadsworth. 4 Council Action Form – Wadsworth Boulevard HDR Contract Amendment July 13, 2020 Page 2 PRIOR ACTION: On March 28, 2016, Council approved a contract with HDR to complete Phase I, the survey, conceptual (30%) design and plans, and prepare the Environmental Assessment (EA). In 2017, additional work was identified involving the historical status of several properties along the Wadsworth Corridor. Amendments to the HDR contract were approved by Council on May 22, 2017 and November 13, 2017. On August 27, 2018, Council approved a contract with HDR to continue to work on the project to complete the preliminary and final design, including the preparation of construction plans and obtaining necessary state and federal approvals. On December 10, 2018, Council approved a contract for ROW acquisition services with HDR, Inc. to prepare ROW plans and acquire ROW necessary to construct the project. FINANCIAL IMPACT: In April 2015, the City was awarded a federal grant in the amount $31.6 million through the DRCOG Transportation Improvement Program (TIP). The City’s required local match for that grant is $6,320,000. In early 2017, the City was awarded a Highway Safety Improvement Program (HSIP) grant for $2,600,000 to construct the medians with a federal share of $2,340,000. CDOT is covering the local match of $260,000 because Wadsworth Boulevard is a state highway. CDOT has also committed to providing $4,100,000 in additional funding that was previously programed for maintenance on this portion of Wadsworth Boulevard. A second federal grant in the amount of $5.28 million was recently awarded through the latest DRCOG TIP. The City’s required local match for that grant is $1.32 million. The voters’ 2016 approval of the 2E ballot measure for a temporary ½ cent sales and use tax rate increase provides most of the local match that is required for both of the federal grants. The Wadsworth share of the 2E funds is $7 million. Funding for all of the phases of this project are budgeted in 2020 in both the Capital Improvement Program (CIP) and 2E Bond Fund budgets. Because the construction will not be starting until 2021, there is adequate funding appropriated in the 2020 budget for this proposed amendment. BACKGROUND: In October 2014, the City applied to DRCOG for federal transportation funds available for fiscal years 2016 through 2021 to help fund a widening and improvement project on Wadsworth Boulevard from 35th Avenue to 48th Avenue. DRCOG awarded a Transportation Improvement Program (TIP) grant in October 2014. The improvement of this segment of Wadsworth Boulevard has been a high priority for both CDOT and the City of Wheat Ridge for more than 20 years. Lack of available funding has been the primary reason for postponing improvements. With an earlier grant, a Planning and Environmental Linkage Study (PEL) was completed and adopted by Council on October 12, 2015. That study identified traffic congestion and safety issues, developed multi-modal Council Action Form – Wadsworth Boulevard HDR Contract Amendment July 13, 2020 Page 3 solutions, and identified related environmental issues and mitigation measures that needed further assessment. The Final Recommended Alternative (FRA) from the PEL study identified the improvements needed to widen Wadsworth Boulevard between 35th and 48th Avenues to six travel lanes, to provide additional turning capacity at the key congested intersections at 38th and 44th Avenues, and install medians to better manage access. Bicycle and pedestrian facilities were also included to add facilities for additional modes of transportation. On March 28, 2016, Council approved a contract with HDR to complete the survey, conceptual (30%) design and plans, and prepare the Environmental Assessment (EA), which is the federally required process to approve a final roadway design, when federal funding is involved. The consultant team, City staff, and CDOT started working to investigate and resolve issues identified in the PEL. In particular, the need to improve the traffic capacity at the major intersections of 38th Avenue and 44th Avenues was addressed further. Most of the elements from the FRA were kept and have moved forward through the EA process; however, a couple of major items were changed or added. In response to needing additional capacity at the 38th and 44th Avenue intersections, the design of those intersections was changed from a traditional signalized design with double left turn lanes on all four legs of the intersection, to continuous flow intersections (CFIs). The CFI designs were determined to be a better solution to increase capacity and have the least impact to adjacent parcels. Also a pedestrian connection was added to the Clear Creek Trail on the east side. These changes were included in the update to Council at the March 20, 2017 Study Session. An update on the environmental process was provided to the Council at the April 16, 2018 Study Session. The results of the value engineering (VE) workshop were then discussed with Council at the June 4, 2018 Study Session. The VE workshop outcomes that were accepted to move forward were to replace the sidewalk/2-way cycle track with a wide multi-use path, reduce the median and amenity zone widths, revise the access at 47th/48th Avenues, and revise the retaining wall design at the north end of the project. The VE workshop is required for projects that receive federal funding that have a total cost exceeding $40 million. The EA was signed by CDOT and the Federal Highway Administration (FHWA) staff on April 10, 2020. As a part of the review of the EA, a public meeting was held on May 22, 2019. The decision document, a Finding of No Significant Impact (FONSI), was signed on September 13, 2019. The preliminary design was started with an internal kick-off meeting being held with City and consultant staff on November 9, 2018. The official kick-off with CDOT staff was held on December 11, 2018. The preliminary plans were completed with a Field Inspection Review meeting being held at CDOT on May 3, 2019. Final plans were completed with a Final Office Review meeting being held on June 22, 2020. Construction documents are expected to be finalized with all necessary permits in place by late October, 2020 with the project being advertised for bids soon after. Council Action Form – Wadsworth Boulevard HDR Contract Amendment July 13, 2020 Page 4 Award of the third and final phase of the project, construction assistance, will be presented to Council for approval this fall. The City retains the option to continue working with the awarded firm, HDR, Inc., for Phase III with the scope and fee being negotiated at that time. On December 10, 2018, Council approved a contract for ROW acquisition services with HDR, Inc. to prepare ROW plans and acquire ROW necessary to construct the project. At the December 16, 2019 Study Session, an update was provided to Council on the status of the two early full acquisitions, Midas and Raliberto’s which included an overview of the ROW acquisition process for the four new Council members. Since that time a third full acquisition has been identified for the Bank of the West property at the northeast corner of 44th Avenue and Wadsworth. The project impacts all of the bank’s parking. A cross-parking agreement exists with the Pep Boys property; however, the title search discovered that the agreement expires soon after the construction is expected to be completed. A lease back agreement was approved with Midas on April 27, 2020 and a lease back agreement for Raliberto’s has been scheduled for approval on July 13, 2020, to allow the businesses to occupy their current locations until at least September 30, 2020. RECOMMENDATIONS: Staff recommends amending the Phase II contract for the Wadsworth Boulevard Improvement Project, Engineering Consulting Services, with HDR Engineering, Inc., to include the additional scope and fee needed to complete the project. RECOMMENDED MOTION: “I move to amend the contract for Engineering Consulting Services for Phase II of the Wadsworth Boulevard Improvement Project with HDR Engineering, Inc., Denver, CO, to incorporate additional design fees in the amount of $384,627 for a total project cost of $2,529,557.12.” Or, “I move to deny amending the contract for Engineering Consulting Services for Phase II of the Wadsworth Boulevard Improvement Project with HDR Engineering, Inc., Denver, CO, to incorporate additional design fees in the amount of $384,627 for a total project cost of $2,529,557.12 for the following reason(s): __________________________________________.” REPORT PREPARED/REVIEWED BY: Mark Westberg, Project Manager Steve Nguyen, Engineering Division Manager Kenneth Johnstone, Director of Community Development Patrick Goff, City Manager ATTACHMENTS: 1. Phase II Additional Scope of Work Council Action Form – Wadsworth Boulevard HDR Contract Amendment July 13, 2020 Page 5 2. Phase II Additional Fees - Summary SCOPE OF WORK WADSWORTH BLVD WIDENING FINAL DESIGN June 16, 2020 CONTRACT MOD – POST FOR EXTRA WORK 1 SECTION 1: POST FOR EXTRA WORK This task includes work associated with out-of-scope tasks required to finalize the design of the Wadsworth Widening project. The Consultant will perform the tasks included in Section 1, unless otherwise stated. A. Noise Wall – Barrier N The Consultant has been requested to add a noise wall (Barrier N from the EA) to the design documents as a result of the benefitted receptor survey that took place at the end of 2019. The following items are included in this work: 1. Update structure selection report to add noise wall. The Consultant team will prepare a new section or addendum to the structural selection report to include the additional noise wall (Barrier N). 2. Update noise model to finalize wall height and length requirements. The Consultant team will update the TNM model to show current roadway/sidewalk alignments and elevations and to determine the required height and horizontal geometry of the noise wall (Barrier N). 3. Perform noise wall design and detailing. The Consultant team will provide a structural design of the additional noise wall (Barrier N) and develop construction plans for the noise wall. 4. Aesthetic treatment for noise wall – site visit. The Consultant aesthetic team will visit the noise wall location one (1) time for information and contextual understanding. 5. Aesthetic treatment for noise wall – synthesize conceptual planning priorities. The Consultant team will generate plans and 3-D conceptual options. The Consultant team will coordinate with the City of Wheat Ridge and CDOT to evaluate options with regard to project goals, requirements, priorities, costs, schedules, and risks. The Consultant team will prepare for and attend one (1) public meeting. 6. Aesthetic treatment for noise wall – refine preferred concept options. The Consultant team will refine the design options based on the public meeting. The Consultant team will assist with proposed cost estimates for the aesthetic features of the wall. The Consultant team will prepare for and attend one (1) additional public meeting. 7. Aesthetic treatment for noise wall – CD efforts. The Consultant team will finalize the wall concept, develop construction level wall plans, and coordinate the wall details with the engineering team. B. Miscellaneous Structural Design 1. Update soil nail walls to meet updated CDOT worksheet details (CDOT update occurred around FOR date). The Consultant team prepared FOR documents using standard CDOT worksheet details for soil nail walls. Shortly before the FOR submittal, CDOT updated these worksheets. These changes resulted in required changes to the soil nail wall details to meet CDOT criteria. 2. Analyze signal foundations due to substandard soils. It was determined near the first FOR submittal that the soil parameters along the project corridor did not meet minimum requirements set forth by the CDOT M-Standard designs for signal foundations. Because of this, the consultant team will perform independent analyses of each controlling case for the signal foundations to confirm the adequacy of the standard foundation design. New shaft lengths will be provided if it is found that the standard lengths are insufficient. SCOPE OF WORK WADSWORTH BOULEVARD WIDENING June 16, 2020 FINAL DESIGN 2 3. CDOT requested aesthetic meeting for retaining walls. The Consultant team was requested to add an additional meeting with CDOT and City staff to cover the aesthetic treatments of the walls within the project limits. 4. Performed design and detailing of 3 custom pedestrian railings – (Mesh, tube picket, City standard tubular). As part of this design, the Consultant team has selected, designed and detailed three unique pedestrian railing systems to accommodate various geometric and environmental requirements. 5. RCP pipe crossing under wall 8E – check structural capacity of nonstandard pipe condition, redesign wall footing. The Consultant team analyzed a condition in which a 6’ diameter trunk line reinforced concrete pipe passed a relatively shallow distance (~1 foot) below the footer of a 16’ tall concrete retaining wall. This analysis required calculating the structural adequacy of the non-standard RCP pipe condition, as well as redesigning the wall footer to reduce bearing pressure. The design of the stormwater outfall originally included a culvert that ran parallel to Wadsworth and the I-70/I-76 on-ramp and between the existing on-ramp retaining wall (fill) and the proposed trail retaining wall (cut). This solution generated complicated construction phasing, costly shoring, and was not an economical solution. The drainage designers then relocated the outfall to its current proposed location. Upon review of the geometry, it was determined that the design change would require additional structural analysis (crush loading on the culvert) that is outside of the typical analysis for culverts on a CDOT project. This level of analysis was not anticipated at the time of the original scoping of the project. 6. Incorporating aesthetic detailing into walls (sculpted shotcrete, formliners). The Consultant structural design team worked with the Landscape Architects in developing aesthetic wall treatments that could be integrated into three different wall systems. Each aesthetic treatment had to consider its integration into the structural section of the wall, as well as developing plan details indicating how to construct each texture/treatment. 7. Performed structural review and gave recommendations for adding sign panels to an S- 614-40A signal pole. The Consultant team was requested to combine lighting and signing elements where possible to reduce project costs. The overhead signs for the CFI left turn lanes and lighting mast arms were combined on a standard CDOT signal pole. The Consultant team completed a structural analysis of the sign and signal combination against the CDOT standard calculations. C. Miscellaneous Environmental and Public Involvement Tasks 1. Wetland re-evaluation (Form 1399). The Consultant team will prepare a Form 1399 to complete a NEPA re-evaluation of a wetland to the south of the Johnson Park access. This wetland had not previously been affected by the project. 2. Graphic support for City messaging. The Consultant team will provide graphic and strategic communications support for the City during the launch of “What’s Up Wheat Ridge”, the City’s new public outreach website. The Consultant team will update project renderings to better illustrate the proposed improvements. 3. Public outreach meeting on 1/7/2020. The Consultant team was asked to attend a public outreach meeting with City staff on January 7, 2020 to discuss the ongoing public outreach for the project. The meeting was attended by representatives from the Consultant team’s environmental, right-of-way, design, traffic, and strategic communications staff. 4. Second layout of historic mitigation signage from landscape to portrait. The Consultant team had developed historic mitigation signage layouts with the approved content. At the pre- FOR coordination meeting with CDOT, the signage was shown in the advertisement panel of the bus shelter. CDOT requested that the signage be reconfigured to fill the entire advertising panel space, which required a redesign of the signage from a landscape layout to a portrait layout. D. Traffic Design SCOPE OF WORK WADSWORTH BOULEVARD WIDENING June 16, 2020 FINAL DESIGN 3 1. Signal timing plans. The Consultant team will prepare signal timing plans for the signalize intersections on the project. Typically, the Consultant team provides CDOT with the background information and CDOT sets the timing. In this instance, CDOT requested that the Consultant team provide these plans. E. Secondary FOR Submittal Efforts HDR submitted the FOR plans in December to maintain the project schedule. It was understood at the time of the submittal that there were some elements of the project that were missing or not at an FOR level, including the noise wall, the lighting plans, and the sanitary and water line plans. CDOT has historically provided comments on FOR plan sets that are constructed in similar fashion. Outside of the elements listed above, the rest of the plans (roadway, drainage, retaining walls, traffic, etc) were submitted at an FOR level. The hours listed in section E and within WSP’s estimate are related to the resubmittal process of the items that were developed at an FOR level prior to the first submittal. 1. Additional QC of FOR plans, specs, and estimate. The Consultant team will follow a formal quality control procedure prior to submittal of the FOR plan set. The first iteration of this procedure was completed prior to the initial FOR submittal. 2. Preparation for and participation in secondary FOR meeting. The Consultant team will prepare for and participate in a second FOR meeting. The first FOR meeting occurred on January 21, 2020. F. Miscellaneous Drainage Tasks 1. Pipe video inspection. The Consultant team was requested to investigate existing storm sewer culverts between Clear Creek and 45th Avenue in an attempt to reduce construction costs by utilizing existing storm water facilities in the project storm sewer design. The Consultant team will oversee the video inspection vendor and provide a summary storm sewer conditions report. 2. Revisions to plans based on pipe video inspection quality results. The Consultant team will make revisions to the storm sewer design in response to the video inspection of the existing storm sewer culverts. 3. CFI lane criteria change and plan update. The Consultant team developed a design that met the CDOT spread criteria of 4’ throughout the project. During the initial FOR meeting, CDOT requested that a more stringent spread criteria be used in the CFI left turn lanes. The Consultant team will update the drainage design to meet the updated spread criteria in the CFI left turn lanes. The drainage design in the CFI turn lanes at the initial FOR submittal met the criteria for the project. CDOT directed HDR to change the spread criteria for the CFI turn lanes at the FOR meeting. 4. Manhole pay item and specs additions. The Consultant team segregated the standard CDOT pay items for Box Base Manholes based on length and width, in addition to the standard depths as part of the secondary FOR submittal. CDOT pay items do not go into details about dimensioning of the manholes. The approach that was requested by CDOT at the initial FOR meeting will reduce construction costs of the manholes on the bids, but is not a standard or typical CDOT approach to their pay items. HDR performed additional work to segregate the manholes based on the additional dimensioning requirements. G. Landscape Module Changes 1. Full redesign of landscaping modules after receiving the City FIR comments (received August 2019). The Consultant team prepared landscaping modules for the corridor that were discussed and agreed upon with the City during a pre-FIR meeting (March 8, 2019). These modules were geometric and similar in nature to landscaping already installed at The Corners development at 38th and Wadsworth. The FIR plans were submitted in April of 2019. In August, the Consultant team met with the City once again and the comments resulted in a full redesign of the landscaping modules to make the plantings more informal and organic. 2. Late changes due to unknown lighting layout. The Consultant team prepared the landscaping plans without a decision by CDOT on the final configuration of the lighting plans. Once a decision SCOPE OF WORK WADSWORTH BOULEVARD WIDENING June 16, 2020 FINAL DESIGN 4 was made that the Consultant team could install lighting in a hybrid median/outside configuration, landscaping changes were required to accommodate the new pole locations. H. Utility Coordination 1. Coordination with WRSD, WRWD. The Consultant team coordinated closely with Wheat Ridge Sanitation District and Wheat Ridge Water District, including providing preliminary layouts of proposed water and sanitary lines, meeting with the Districts and their engineers on a monthly basis, and coordinating with the District designers outside of the monthly meetings. I. Direct Expenses 1. Printing and production of 4,200 door hangers. The Consultant team was requested to produce door hangers prior to the FONSI public meeting. 2. Collection and delivery of 4,200 door hangers. The Consultant team was requested to distribute door hangers to the local residents and business owners prior to the FONSI public meeting. J. Subconsultants 1. Professional Pipe Services – As requested, HDR hired Professional Pipe Services to perform a video inspection of existing storm culverts between Clear Creek and 45th Ave. Mobilization, video inspection, labor, and traffic control are included in this cost. 2. WSP – See WSP scope of services for a breakdown of their costs. 3. Yeh – Additional borings were required for Noise Barrier N along Wadsworth between 35th and 36th. Mobilization, additional borings, geotechnical analysis of the borings, and updates to the project geotechnical report are included in this cost. 1 SCOPE OF WORK CONTRACT AMENDMENT CITY OF WHEAT RIDGE AND HDR, INC. SH 121 (WADSWORTH BOULEVARD) WIDENING PRELIMINARY AND FINAL DESIGN SUPPORT SERVICES This change amendment includes design services necessary to complete the final design of this project including accommodating requested changes post initial FOR (January 2020), addressing comments from the initial FOR, and completing a second FOR submittal package. This amendment also covers additional work created by the late major change in the storm drain design. Item 1: Noise Wall Changes A ~500 noise wall at the Morning Star parcel was added to the project post initial FOR. This requires updates to the roadway design including coordination on noise wall layout and drainage and revised roadway grading around the noise wall. WSP will update the typical sections and will incorporate the noise wall will in all plans. Item 2: Design changes at 48th Avenue Cul De Sac Following the initial FOR submittal in coordination with the drainage and water/sewer designs it was determined that the design of the cul de sac at 48th required changes to support minimizing drainage infrastructure to accommodate utility relocations. WSP will update the profile and grading of the cul de sac including the driveway accesses to shift the low point in the cul de sac. WSP will update corresponding plan sheets and details. Item 3: Roadway changes based on ROW negotiations Over the last several months post initial FOR the ongoing ROW negotiations have identified numerous changes to driveway approach configurations. This includes changing widths, combining driveways, breaking driveways into separate in and out approaches. Additionally, changes to driveway connections on private properties were requested. These include removing previously shown curb and gutter, revising the grading. WSP has completed over 15 design changes to driveway accesses post initial FOR, which includes design work, roadway and driveway detail changes, removal plan updates, and quantity updates. Roadway changes based on ROW negotiations Over the last several months post initial FOR the ongoing ROW negotiations have identified numerous changes to driveway approach configurations. This includes changing widths, combining driveways, breaking driveways into separate in and out approaches. Additionally, changes to driveway connections on private properties were requested. These include removing previously shown curb and gutter, revising the grading. WSP has completed over 15 design changes to driveway accesses post initial FOR, which includes design work, roadway and driveway detail changes, removal plan updates, and quantity updates. 2 Item 4: Additional Utility Coordination and QL A & B The major design of the storm drainage system in late fall 2019 required a complete change in design of the sanitary and water systems. This has required additional coordination beyond the level of effort originally anticipated including concept layout and support to the water and sewer districts. WSP staff has completed this additional support and coordination. Additionally, the storm drainage change has impacted the SUE scope of services including stopping and starting and requires a new negotiated scope with the utility SUE firm. Originally scoped in early 2017, these changes and delays have led to additional costs to complete the limited SUE scope work. The scope includes limited QL B to supplement previous utility locates completed during survey work, and additional potholes (QL A) at key locations beyond the original scope. Item 5: Second FOR Submittal WSP will address comments from the initial FOR submittal, update plans, specifications, and quantities for a second FOR submittal. This will include updates to additional requested items noted above. WSP will coordination with other specialty discipline’s in advance of the second FOR and complete a QC of all WSP pieces of the second FOR package. Item 3: Item 4: 06/30/2020 Wadsworth Boulevard Widening (35th to I-70) Post FOR Fee Estimate 2.5544 Scope Items 2188 251,260.10$ A. Noise Wall - Barrier N 1. Update structure selection report to add noise wall 60 6,406.64$ 2. Update noise model to finalize wall height and length requirements 28 4,232.82$ 3. Perform noise wall design and detailing 414 44,776.20$ 4. Aesthetic treatment for noise walls - site visit 12 1,759.08$ 5. Aesthetic treatment for noise walls - synthesize conceptual planning priorities 202 23,158.22$ 6. Aesthetic treatment for noise walls - refine preferred concept options 190 21,309.26$ 7. Aesthetic treatment for noise walls - CD efforts 74 10,624.48$ B. Miscellaneous Structural Design 1. Update soil nail walls to meet updated CDOT worksheet details (CDOT update occurred around FOR date) 84 11,545.36$ 2. Analyze signal foundations due to substandard soils 268 25,864.68$ 3. CDOT requested aesthetic meeting for retaining walls 10 1,305.52$ 4. Performed design and detailing on 3 custom pedestrian railings - (Mesh, tube picket, City standard tubular) 77 11,381.28$ 5. RCP pipe crossing under wall 8E - check structural capacity of nonstandard pipe condition, redesign wall footing. 58 6,203.96$ 6. Incorporating aesthetic detailing into walls (sculpted shotcrete, formliners)111 14,884.00$ 7. Performed structural review and gave recommendations for adding sign panels to an S-614- 40A signal pole 4 766.32$ C. Miscellaneous Environmental and Public Involvement Tasks 1. Wetland re-evaluation (form 1399)24 2,485.10$ 2. Graphic support for City messaging 106 10,076.34$ 3. Public Outreach Meeting on 1/7/2020 8 1,360.94$ 4. Second layout of historic mitigation signage from landscape to portrait 20 2,058.36$ D. Traffic Design 1. Signal Timing Plans 60 7,816.90$ E. Secondary FOR Submittal Efforts1. Additional QC of FOR plans, specs, and estimate 48 7,101.56$ 2. Preparation for and participation in secondary FOR meeting 44 5,835.18$ Hours Cost 06/30/2020 Wadsworth Boulevard Widening (35th to I-70) Post FOR Fee Estimate 2.5544 Hours Cost F. Miscellaneous Drainage Tasks1. Pipe video inspection (HDR tasks)18 2,216.36$ 2. Revisions to plans based on pipe video inspection quality results 22 2,141.72$ 3. CFI lane criteria change and plan update 12 1,070.80$ 4. Manhole pay item and specs additions 20 1,661.36$ G. Landscaping Module Changes 1. Full redesign of landscaping modules after receiving the City FIR comments (received August 2019) 112 12,162.02$ 2. Late changes due to unknown lighting layout 24 1,967.88$ H. Utility Coordination 1. Coordination with WRSD, WRWD 78 9,087.76$ 2188 251,260.10$ 251,260.10$ 251,260.10$ Fixed Fee (10%)25,126.01$ 25,126.01$ Facilitied Capital Cost of Money (0.5525%)543.45$ 543.45$ 0.5525% Direct Expenses 4,966.95$ Mileage -$ Printing and production of 4,200 door hangers 4,104.95$ Collection and delivery of 4,200 door hangers 862.00$ HDR GRAND TOTAL 281,896.51$ Subconsultants 102,730.49$ Hydrosystems (Irrigation Design)-$ Lund -$ Professional Pipe Services 15,408.49$ Toole -$ WSP 82,320.17$ Yeh (Geotechnical)5,001.83$ Cardno Total Design Fee 384,627.00$ HDR Total Wadsworth Blvd (35th to I-70) WSP Final Design Change Order Estimate ITEM 1: Roadway Design Change for Noise Wall Staff Hours Rate Extension C. Lang (PM)2 198.12$ 396.24$ C. Meade (QC)2 132.43$ 264.86$ L. Nechanicky 24 107.30$ 2,575.20$ Subtotal 3,236.30$ ITEM 2: Roadway Design Changes due to ROW Comments Staff Hours Rate Extension C. Lang (PM)2 198.12$ 396.24$ C. Meade (QC)8 132.43$ 1,059.44$ L. Nechanicky 90 107.30$ 9,657.00$ S. Hinckley 40 74.20$ 2,968.00$ Subtotal 14,080.68$ ITEM 3: Additional Utility Cooridnation and QL A/B Staff Hours Rate Extension C. Lang (PM)64 198.12$ 12,679.68$ Subtotal 12,679.68$ Cardno (T2UES)40,000.00$ Additional costs due to start/stop, additional QL A, and time from orig est. ITEM 4: Second FOR Submittal (Address Comments/QC/Resubmit) Staff Hours Rate Extension C. Lang (PM)4 198.12$ 792.48$ C. Meade (QC)8 132.43$ 1,059.44$ L. Nechanicky 40 107.30$ 4,292.00$ S. Hinckley 30 74.20$ 2,226.00$ Subtotal 8,369.92$ Labor Subtotal 38,366.58$ Fee 10%3,836.66$ ODCs 116.93$ Subconsultants 40,000.00$ Total 82,320.17$ ITEM NO: DATE: July 13, 2020 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 37-2020 - A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH THE CITY OF EDGEWATER REGARDING THE 26th AVENUE DRAINAGE IMPROVEMENTS PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO ________________________________ ______________________________ Director of Community Development City Manager ISSUE: In late 2016, the City was approached by the City of Edgewater for help in resolving a drainage issue at the intersection of 26th Avenue and Fenton Street on the cities mutual border. Multiple issues were found with the existing storm sewer system in both cities, requiring that the storm sewer system be replaced. The attached resolution approves an Intergovernmental Agreement (IGA) allowing Edgewater to reconstruct the storm sewer system and be reimbursed by the City of Wheat Ridge for the City’s share of the cost. PRIOR ACTION: On July 9, 2018, the Council approved an IGA with the City of Edgewater regarding the reconstruction of 29th Avenue between Kendall and Fenton Streets and to reconstruct the storm sewer at 26th Avenue and Fenton Street. In that IGA, the City took the lead and was to be reimbursed by Edgewater, which is what occurred on the 29th Avenue project. 5 Council Action Form - City of Edgewater IGA 26th Ave Drainage Improvements July 13, 2020 Page 2 FINANCIAL IMPACT: The City of Edgewater will be responsible for the portions of the storm sewer system that are within its jurisdiction. Edgewater will pay for all of the improvements and has agreed to be reimbursed by the City in early 2021. Funding for the City portion of the storm sewer project will be included in the Miscellaneous Drainage Improvement Projects line item of the 2021 Capital Improvement Program Budget. The anticipated costs to the City is expected to be approximately $33,000. BACKGROUND: In late August 2016, the City was contacted by Edgewater concerning a flooding issue that a resident was experiencing at the intersection of 26th Avenue and Fenton Street. For the rest of 2016, City staff investigated the issue and found that the inlets and storm sewer on the north side of 26th Avenue were full of sediment. Through the middle of 2017, the City staff along with one of the City’s on-call engineers, continued to investigate the storm sewer system at the intersection of 26th Avenue and Fenton Street and into Edgewater down Fenton Street towards 25th Avenue. Multiple issues were found throughout the storm sewer system including collapsed pipes, clogged pipes, and utilities installed crossing the pipes. It was determined that a full reconstruction of the storm sewer system at 26th Avenue and Fenton Street and in Fenton Street towards 25th Avenue would be required. Because of the complexity of the redesign and since Edgewater had just overlaid Fenton Street, it was decided to postpone the construction of the project until at least 2019. City staff worked with Edgewater to complete the design by early 2020. As a part of reducing the budget to better manage the COVID-19 situation, the City asked Edgewater to delay the project. Edgewater wanted to move ahead with the project in order to reduce the potential for flooding downstream of 26th Avenue. Therefore, Edgewater offered to take the lead on the reconstruction project and to delay reimbursement by the City until early 2021. Edgewater advertised the project for bids in May 2020 and started construction in June 2020 in order to complete the reconstruction before summer storms. RECOMMENDATIONS: Staff recommends approving the intergovernmental agreement with Edgewater taking the lead in the reconstruction and then later being reimbursed by the City. RECOMMENDED MOTION: “I move to approve Resolution No. 37-2020, a resolution approving an intergovernmental agreement with the City of Edgewater regarding the 26th Avenue Drainage Improvements.” Or, “I move to postpone indefinitely Resolution No. 37-2020, a resolution approving an intergovernmental agreement with the City of Edgewater regarding the 26th Avenue Drainage Improvements for the following reason(s), ____________________________________________________________________.” Council Action Form - City of Edgewater IGA 26th Ave Drainage Improvements July 13, 2020 Page 3 REPORT PREPARED/REVIEWED BY: Mark Westberg, Project Supervisor Steve Nguyen, Engineering Manager Ken Johnstone, Community Development Director Patrick Goff, City Manager ATTACHMENTS: 1. Resolution No. 37-2020 2. Edgewater IGA for 26th Avenue Drainage Improvements 3. Exhibit A – 26th Avenue Storm Sewer CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 37 Series of 2020 TITLE: RESOLUTION NO. 37-2020 - A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH THE CITY OF EDGEWATER REGARDING THE 26TH AVENUE DRAINAGE IMPROVEMENTS WHEREAS, Wheat Ridge and Edgewater are neighboring municipalities that share a common boundary line within certain public rights-of-way, including West 26th Avenue; and WHEREAS, the parties have programmed various drainage improvements on West 26th Avenue; and WHEREAS, the City of Wheat Ridge and the City of Edgewater have agreed to share the cost of the drainage improvements; and WHEREAS, the City of Edgewater will oversee construction of those drainage improvements; and WHEREAS, the City of Edgewater will seek reimbursement from the City of Wheat Ridge for their share of the drainage improvements. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, that: Section 1. Agreement Approved. The Intergovernmental Agreement with the City of Edgewater for the 26th Avenue Drainage Improvements is hereby approved and the Mayor and City Clerk are authorized and directed to execute the same. Section 2. This Resolution shall be effective immediately upon adoption. DONE AND RESOLVED this 13th day of July, 2020. ________________________ Bud Starker, Mayor ATTEST: __________________________ Steve Kirkpatrick, City Clerk ATTACHMENT 1 COE.TWR.00510 ATTACHMENT 2 INTERGOVERNMENTAL AGREEMENT THIS INTERGOVERNMENTAL AGREEMENT is made and entered into this ___ day of ____________________, 2020 (“Effective Date”), by and between the CITY OF EDGEWATER, COLORADO, a Colorado municipal corporation, (hereinafter referenced as "Edgewater"), and the CITY OF WHEAT RIDGE, COLORADO, a Colorado municipal corporation (hereinafter referred to as "Wheat Ridge”). RECITALS WHEREAS, pursuant to Article XIV Section 18 of the Colorado Constitution and C.R.S. § 29-1-203, the cities of Edgewater (“Edgewater”) and Wheat Ridge (“Wheat Ridge”) are authorized to contract with other governmental entities to cooperate in the provision of any service or function each municipality is authorized to provide; and WHEREAS, Edgewater and Wheat Ridge are each authorized to maintain the public rights-of-way within their respective jurisdictions, including the paving of the same, and to locate public infrastructure improvements within, upon and under such rights-of-way, including the installation of storm water drainage improvements; and WHEREAS, Edgewater and Wheat Ridge are neighboring municipalities that share a common boundary line within certain public rights-of-way, including 26th Avenue; and WHEREAS, Edgewater and Wheat Ridge wish to cooperate and coordinate, to their mutual financial, logistical and public benefit, in the construction of certain storm water drainage improvements in and around 26th Avenue. COVENANTS NOW THEREFORE, in consideration of the recitals, covenants, and promises herein set forth and other good and valuable consideration herein receipted for, the parties agree as follows: 1.0 Storm Water Drainage Construction Responsibilities. Edgewater agrees to arrange for the construction, in accordance with applicable legal requirements, of the storm water drainage improvements that are depicted on the plans and specifications that are attached hereto as Exhibit A and titled “CITY OF EDGEWATER, STATE OF COLORADO 26th Avenue and Fenton Street Drainage Improvements Project,” dated April, 2020 (hereinafter the “Improvements”). Exhibit A is incorporated herein by this reference. Wheat Ridge consents to the construction of the Improvements, or portions of the Improvements, within those areas that are within Wheat Ridge’s boundaries. 2.0 Wheat Ridge to Reimburse Edgewater . The parties understand and agree that Edgewater has entered into an agreement for construction of the Improvements in an amount not to exceed One Hundred Seventeen Thousand Six Hundred Twenty-Three Dollars ($117,623.00). The parties further agree that a reasonably accurate estimate of Wheat Ridge’s proportionate share of the cost of the Improvements, including the costs of design and engineering that are not reflected in the cost of construction under the agreement for construction, is Thirty-Two Thousand Nine Hundred Twenty-One Dollars and Twenty-Eight Cents ($32,921.28). Wheat Ridge shall pay to Edgewater the sum of Thirty-Two Thousand -2- Nine Hundred Twenty-One Dollars and Twenty-Eight Cents ($32,921.28) upon completion of the construction of the Improvements by Edgewater and written invoice from Edgewater, or on or before February 26, 2021, whichever shall last occur. 3.0 Term. This Agreement shall be and remain in effect from the Effective Date until each party performs its respective obligations hereunder. 4.0 Notice of Construction of Improvements. Edgewater shall provide Wheat Ridge with reasonable advance notice of any construction activity in connection with the Improvements. 5.0 Notices. Any notices required or permitted hereunder shall be sufficient if personally delivered or if sent by First Class U.S. mail, postage prepaid, addressed as follows: If to Wheat Ridge: City Manager City of Wheat Ridge 7500 W. 29th Avenue Wheat Ridge, Colorado 80033 If to Edgewater: City Manager City of Edgewater 1800 Harlan Street Edgewater, Colorado 80214 6.0 Liability and No Waiver of Immunity. Each party shall be responsible for its own negligent acts. To the extent permitted by law, if permitted at all, each party shall reimburse the other party for any costs, expenses or legal fees that either party may incur for any liability resulting from the negligent acts of the other party in its performance of its obligations under this Agreement. Each party, its officers and its employees are relying on, and do not waive or intend to waive by any provision of this Agreement, the monetary limitations (present or future), or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, C.R.S. § 24-10-101, et seq., as amended, or otherwise available to it, its officers and employees. 7.0 Amendments to Agreement. No changes, alterations or modifications to any of the provisions hereof shall be effective unless contained in a written agreement signed by both parties. 8.0 Entire Agreement. This Agreement shall constitute the entire agreement between the parties hereto and shall supersede all prior contracts, proposals, representations, negotiations and letters of intent, whether written or oral, pertaining to the subject matter of this Agreement. 9.0 Situs, Venue and Severability. The laws of the State of Colorado shall govern the interpretation, validity, performance and enforcement of this Agreement. For the resolution of any dispute arising hereunder, venue shall be in the Courts of the County of Jefferson, State of Colorado. If any provision of this Agreement shall be held to be invalid or unenforceable, the validity and enforceability of the remaining provisions of this Agreement shall not be affected thereby. -3- 10.0 Paragraph Headings. Paragraph headings are inserted for convenience only and in no way limit or define the interpretation to be placed upon this Agreement. 11.0 Binding Agreement. This Agreement shall be binding upon and for the benefit of the parties hereto, their successors and assigns. 12.0 ARTICLE X, SECTION 20/TABOR The parties understand and acknowledge that each of them is subject to Article X, § 20 of the Colorado Constitution ("TABOR"). The parties do not intend to violate the terms and requirements of TABOR by the execution of this Agreement. It is understood and agreed that this Agreement does not create a multi-fiscal year direct or indirect debt or obligation within the meaning of TABOR and, therefore, notwithstanding anything in this Agreement to the contrary, the obligations of each party are expressly dependent and conditioned upon the continuing availability of funds beyond the term of the current fiscal period ending upon the next succeeding December 31. Financial obligations of each party payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available in accordance with the rules, regulations, and resolutions of such party and other applicable law. Notwithstanding any other provision of this Agreement concerning termination or term, upon either party’s failure to appropriate such funds, this Agreement shall automatically terminate. Each party agrees to provide the other with thirty (30) days’ notice of its intent to fail to appropriate funds for purposes of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written. EDGEWATER: ATTEST: By: Lenore Pedroza, CMC City Clerk APPROVED AS TO FORM: By;_____________________________ Thad W. Renaud, City Attorney EDGEWATER, COLORADO, a Colorado municipal corporation By: Laura Keegan, Mayor -4- WHEAT RIDGE: ATTEST: By: Steve Kirkpatrick, City Clerk WHEAT RIDGE, COLORADO, a Colorado municipal corporation By: Bud Starker, Mayor -5- EXHIBIT A EXHIBIT A Plans and Specifications © 2 0 1 9 M i c r o s o f t C o r p o r a t i o n © 2 0 1 9 D i g i t a l G l o b e © C N E S ( 2 0 1 9 ) D i s t r i b u t i o n A i r b u s D S © 2 0 1 9 H E R E © 2019 Microsoft C o r p o r a t i o n © 2 0 1 9 H E R E main file xref fileCAD FILE INFO plot date projectsheet no.job no. drawn by s h e e t n u m b e r job number design by date checked by description of revisionsno date by REVISIONS Diamondback 12640 West Cedar Drive, Suite C, Lakewood, CO 80228-2030 Office: 303-985-4204 Fax: 303-985-4214 www.diamondbackeng.com DiamondbackEngineering & Surveying, Inc. DiamondbackDiamondbackEngineering & Surveying, Inc. 3/25/2020 DAH DAH JE G 1 CITY OF EDGEWATER, COLORADO 26TH AVENUE AND FENTON DRAINAGE IMPROVMENTS PROJECT COVER SHEET AND SHEET LIST 2 6 T H A V E N U E A N D F E N T O N S T . D R A I N A G E I M P R O V E M E N T S P R O J E C T S T A T E O F C O L O R A D O C I T Y O F E D G E W A T E R J E F F E R S O N C O U N T Y t o t h e c o m m e n c e m e n t o f a n y c o n s t r u c t i o n . 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 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 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 D I A M O N D B A C K E 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 . 2 6 T H A V E A N D F E N T O N D R A I N A G E I M P R O V E M E N T S P R O J E C T N O S C A L E NO SCALE A P R I L 2 0 2 0 S h e e t L i s t T a b l e S h e e t N u m b e r S h e e t T i t l e G 1 C O V E R S H E E T G 2 G E N E R A L N O T E S A N D Q U A N T I T I E S C 1 S T O R M S E W E R P L A N A N D P R O F I L E C 2 E R O S I O N C O N T R O L P L A N D 1 S T O R M S E W E R D E T A I L S D 2 E R O S I O N C O N T R O L D E T A I L S LEGEND AND GENERAL NOT E S THESE SYMBOLS ARE INTENDED TO EXPLAIN THE VARIOUS TOPOGRAPHICFEATURES ON THE PLAN SHEETS. NOTES ARE ADDEDWHERE NECESSARY TO CLARIFY THE SYMBOL.GAS VALVEPULL BOX PULL BOX SPEC. (W.V.)PULL BOX (SPECIAL) 1 . A L L W O R K S H A L L B E D O N E I N A C C O R D A N C E W I T H T H E S T A N D A R D A N D S P E C I A L P R O V I S I O N S , T H E C O N S T R U C T I O N P L A N S F O R T H E P R O J E C T , T H E C U R R E N T E D I T I O N O F T H E C D O T S T A N D A R D S P E C I F I C A T I O N F O R R O A D A N D B R I D G E C O N S T R U C T I O N A N D T H E C D O T S T A N D A R D P L A N S A S A P P L I C A B L E T O T H E W O R K . 2 . T H E C O N T R A C T O R S H A L L P R E P A R E A N D S U B M I T T O T H E C I T Y A D E T A I L E D E R O S I O N C O N T R O L P L A N A T T H E T I M E O F T H E P R E - C O N S T R U C T I O N M E E T I N G . T H E C O N T R A C T O R S H A L L A D D R E S S E R O S I O N M I T I G A T I O N & P R O T E C T I V E M E A S U R E S T O L I M I T E R O S I O N R E L A T I N G T O C O N S T R U C T I O N A C T I V I T I E S . W O R K R E Q U I R E D T O I M P L E M E N T T H E E R O S I O N C O N T R O L P L A N S H A L L B E C O N S I D E R E D I N C I D E N T A L T O E X C A V A T I O N & E M B A N K M E N T P A Y I T E M S . 3 . T H E C O N T R A C T O R W I L L B E R E Q U I R E D T O S U B M I T A C O N S T R U C T I O N S C H E D U L E A T T H E P R O J E C T P R E - C O N S T R U C T I O N M E E T I N G . T H I S S C H E D U L E W I L L S H O W T H E B E G I N N I N G A N D E N D I N G D A T E S O F M A J O R C O N T R A C T I T E M S . T H I S S C H E D U L E W I L L B E U P D A T E D B Y T H E C O N T R A C T O R E V E R Y 1 0 W O R K I N G D A Y S , O R A S R E Q U I R E D B Y T H E C I T Y . 4 . C O N S T R U C T I O N S T A K I N G S H A L L B E P R O V I D E D B Y T H E C O N T R A C T O R . 5 . S U B S E Q U E N T A S P H A L T L I F T S S H A L L N O T B E P L A C E D O N T H E S A M E D A Y A S T H E P R E V I O U S L I F T , U N L E S S A P P R O V E D B Y T H E C I T Y I N T H E F I E L D . 6 . F O R F I N A L P L A N Q U A N T I T I E S T H E F O L L O W I N G R A T E S O F A P P L I C A T I O N W E R E U S E D : B I T U M I N O U S P A V E M E N T A T 1 4 8 L B S / C U B I C F O O T T H I C K N E S S A G G R E G A T E B A S E C O U R S E A T 1 3 3 L B S / C U B I C F O O T 7 . A S K I T Y P E D E V I C E A T L E A S T 3 0 F E E T I N L E N G T H , S H O R T S K I O R S H O E A N D 5 0 0 0 F E E T O F C O N T R O L L I N E A N D S T A K E S S H A L L B E F U R N I S H E D W I T H E A C H B I T U M I N O U S P A V E R . T H E C O N T R O L L I N E S H A L L B E R E Q U I R E D F O R A L L L A Y E R S , O R A S D I R E C T E D B Y T H E C I T Y . 8 . A T A C K C O A T O F E M U L S I F I E D A S P H A L T ( S L O W S E T T I N G ) I S T O B E A P P L I E D B E T W E E N P A V E M E N T C O U R S E A N D O N A L L V E R T I C A L E D G E S T O I M P R O V E B O N D B E T W E E N P A V E M E N T L A Y E R S . T H E R A T E O F A P P L I C A T I O N S H A L L B E A S D E T E R M I N E D B Y T H E C I T Y A T T H E T I M E O F A P P L I C A T I O N . T A C K C O A T I N G I S I N C I D E N T A L W O R K T O H B P P A Y I T E M S . 9 . U N C L A S S I F I E D E X C A V A T I O N Q U A N T I T I E S F O R S U B G R A D E S T A B I L I Z A T I O N W I L L B E M E A S U R E D I N T H E F I E L D . T Y P I C A L D E P T H O F C U T F O R S U B G R A D E S T A B I L I Z A T I O N W I L L B E L E S S T H A N 1 5 I N C H E S B E L O W D E S I G N S U B G R A D E , U N L E S S O T H E R W I S E D I R E C T E D B Y T H E C I T Y . 1 0 . T H I C K N E S S O F E X I S T I N G A S P H A L T I C P A V E M E N T I S A P P R O X I M A T E L Y 6 . 0 I N C H E S A T S I T E A . F U L L D E P T H A S P H A L T T O B E R E M O V E D H A S B E E N C A L C U L A T E D A S R E M O V A L O F A S P H A L T M A T . R E M O V E D A S P H A L T I C P A V E M E N T M A T E R I A L W I L L B E C O M E T H E P R O P E R T Y O F T H E C O N T R A C T O R . 1 1 . A T T A C H E D S I D E W A L K , C U R B A N D G U T T E R S H A L L B E P L A C E D M O N O L I T H I C A L L Y , U N L E S S O T H E R W I S E S P E C I F I E D O R D I R E C T E D B Y T H E C I T Y . 1 2 . B R E A K P O I N T S O N S L O P E S A N D I N B O T T O M S O F D I T C H E S S H A L L B E R O U N D E D D U R I N G C O N S T R U C T I O N A S D I R E C T E D B Y T H E C I T Y . S E E S T A N D A R D S F O R D E T A I L S O F C U T S L O P E T R E A T M E N T , F L A R I N G A N D W I D E N I N G . 1 3 . C L E A R I N G A N D G R U B B I N G S H A L L I N C L U D E R E M O V A L O F A L L S H R U B S , W E E D S , S M A L L T R E E S ( 4 " C A L I P E R O R L E S S ) , A L L A S S O C I A T E D R O O T S A N D O T H E R V E G E T A T I O N W I T H I N T H E C O N S T R U C T I O N L I M I T S U N L E S S S E P A R A T E P A Y I T E M I S P R O V I D E D . 1 4 . L I M I T S O F A S P H A L T R E M O V A L S H A L L B E C U T T O A S T R A I G H T L I N E W I T H A V E R T I C A L E D G E . T H E V E R T I C A L E D G E S H A L L B E S A W C U T U N L E S S O T H E R W I S E A P P R O V E D B Y C I T Y . A S P H A L T P A V E M E N T S H A L L B E R E M O V E D A M I N I M U M O F T W O F E E T , O R A S D I R E C T E D B Y T H E C I T Y , F R O M A N Y G U T T E R P A N L I P . A S P H A L T P A T C H B A C K S H A L L B E P L A C E D I N L I F T S N O T E X C E E D I N G 4 I N C H E S . 1 5 . C O M P A C T I O N T E S T I N G F O R T H I S P R O J E C T S H A L L B E I N A C C O R D A N C E W I T H S E C T I O N 7 2 0 O F T H E S P E C I A L P R O V I S I O N S . 1 6 . E X C A V A T I O N F O R T H E C O M P A C T I O N O F T H E B A S E O F C U T S A N D F I L L S W I L L N O T B E P A I D F O R S E P A R A T E L Y B U T S H A L L B E I N C L U D E D I N T H E C O S T O F E X C A V A T I O N & E M B A N K M E N T P A Y I T E M S . 1 7 . D E P T H O F M O I S T U R E - D E N S I T Y C O N T R O L F O R T H I S P R O J E C T S H A L L B E A S F O L L O W S : F U L L D E P T H O F A L L E M B A N K M E N T S . B A S E S O F C U T S A N D F I L L S S H A L L B E 6 I N C H E S . C O M P A C T I O N O F B A S E S O F C U T S A N D F I L L S S H A L L N O T B E P A I D F O R S E P A R A T E L Y , B U T S H A L L B E I N C L U D E D I N T H E C O S T O F E X C A V A T I O N & E M B A N K M E N T P A Y I T E M S . W A T E R F O R C O M P A C T I O N W I L L N O T B E P A I D F O R S E P A R A T E L Y B U T S H A L L B E C O N S I D E R E D I N C I D E N T A L T O C O N S T R U C T I O N . W A T E R F O R D U S T C O N T R O L S H A L L N O T B E P A I D F O R S E P A R A T E L Y B U T S H A L L B E C O N S I D E R E D I N C I D E N T A L T O C O N S T R U C T I O N . 1 8 . S W E E P I N G S H A L L B E D O N E B Y A P I C K U P T Y P E B R O O M W I T H D U S T C O N T R O L A N D S H A L L B E D O N E A T N O A D D I T I O N A L C O S T T O T H E P R O J E C T . 1 9 . S A L V A G E I T E M S R E M A I N I N G A S P R O P E R T Y O F T H E C I T Y O F W H E A T R I D G E S H A L L B E D E L I V E R E D T O C I T Y M A I N T E N A N C E F A C I L I T Y L O C A T E D A T 1 1 2 2 0 W . 4 5 T H A V E . E Q U I P M E N T & O P E R A T O R F O R U N L O A D I N G W I L L B E P R O V I D E D B Y T H E C I T Y . C O N T R A C T O R W I L L A S S I S T W I T H U N L O A D I N G , D E L I V E R Y , A N D U N L O A D I N G S H A L L B E D O N E A T N O A D D I T I O N A L C O S T T O T H E P R O J E C T . 2 0 . R E I N F O R C I N G S T E E L S H A L L B E G R A D E 6 0 . C O N C R E T E S H A L L B E C L A S S A , R E I N F O R C I N G S T E E L I S I N C I D E N T A L T O S T R U C T U R E P A Y I T E M S . 2 1 . C U R B C U T L O C A T I O N S S H O W N O N T H E P L A N S A R E A P P R O X I M A T E . T H E C O N T R A C T O R S H A L L S T A K E T H E A P P R O X I M A T E L I M I T S O F G R A D I N G , L O C A T I O N O F C U R B C U T S , A N D L O C A T I O N O F M A I L B O X ( E S ) I N T H E F I E L D . 2 2 . D R I V E W A Y R E S T O R A T I O N S H A L L B E A S F O L L O W S : R E G R A D E & R E P L A C E G R A V E L D R I V E W A Y - P R E P A R E T H E S U B G R A D E F R O M B A C K O F S I D E W A L K T O M A T C H P O I N T . P L A C E A 1 " L I F T O F C L A S S 6 A G G R E G A T E B A S E C O U R S E F O L L O W E D B Y A 1 " L I F T O F 3 / 4 " C R U S H E D R O C K ( M O U N T A I N G R A N I T ) A N D C O M P A C T . B A S E M A T E R I A L T O B E P A I D A S A G G R E G A T E B A S E C O U R S E ( C L A S S 6 ) , R O C K T O B E P A I D A S 3 / 4 " C R U S H E D R O C K ( G R A V E L D R I V E W A Y ) . R E P L A C E A S P H A L T D R I V E W A Y - P R E P A R E T H E S U B G R A D E F R O M B A C K O F S I D E W A L K T O M A T C H P O I N T . P L A C E 4 " O F H O T B I T U M I N O U S P A V E M E N T , C O M P A C T E D T O 9 2 % - 9 6 % O F M A X I M U M T H E O R E T I C A L D E N S I T Y . M A T E R I A L T O B E P A I D A S H B P ( P A T C H ) ( 4 " ) . R E P L A C E C O N C R E T E D R I V E W A Y - P R E P A R E T H E S U B G R A D E F R O M B A C K O F S I D E W A L K T O M A T C H P O I N T . P L A C E 6 " O F C O N C R E T E P A V E M E N T . M A T E R I A L T O B E P A I D A S C O N C R E T E P A V E M E N T ( 6 " ) . 2 3 . A L L T R E N C H E S A N D P I T S S H A L L B E A D E Q U A T E L Y S U P P O R T E D A N D T H E S A F E T Y O F W O R K E R S P R O V I D E D F O R A S R E Q U I R E D B Y T H E M O S T R E C E N T O C C U P A T I O N A L S A F E T Y A N D H E A L T H A D M I N I S T R A T I O N ( O S H A ) " S A F E T Y A N D H E A L T H R E G U L A T I O N S F O R C O N S T R U C T I O N . " T H E S E R E G U L A T I O N S A R E D E S C R I B E D I N S U B P A R T P , P A R T 1 9 2 6 O F T H E C O D E O F F E D E R A L R E G U L A T I O N S . S H E E T I N G A N D S H O R I N G S H A L L B E U T I L I Z E D W H E R E N E C E S S A R Y T O P R E V E N T A N Y E X C E S S I V E W I D E N I N G O R S L O U G H I N G O F T H E T R E N C H O R P I T W H I C H M A Y B E D E T R I M E N T A L T O H U M A N S A F E T Y , T O T H E P I P E B E I N G P L A C E D , T O T R E E S O R T O A N Y E X I S T I N G S T R U C T U R E W H E R E E X C A V A T I O N S A R E M A D E . U N D E R S E V E R E W A T E R C O N D I T I O N S , T H E C O N T R A C T O R M A Y B E R E Q U I R E D T O U S E A N A P P R O V E D P I L I N G I N S T E A D O F S H E E T I N G A N D S H O R I N G . 2 4 . T H E C O N T R A C T O R S H A L L H A V E O N E S I G N E D F U L L S I Z E C O P Y O F T H E P L A N S A P P R O V E D B Y T H E G O V E R N I N G A G E N C I E S A N D O N E C O P Y O F T H E A P P R O P R I A T E D E S I G N A N D C O N S T R U C T I O N S T A N D A R D S A N D S P E C I F I C A T I O N S O N T H E J O B S I T E A T A L L T I M E S . 2 5 . R E P A I R O F A N Y D A M A G E T O E X I S T I N G I M P R O V E M E N T S A N D / O R L A N D S C A P I N G I S T H E R E S P O N S I B I L I T Y O F T H E C O N T R A C T O R A T H I S E X P E N S E . 2 6 . A L L D A M A G E C A U S E D T O E X I S T I N G C U R B , G U T T E R A N D S I D E W A L K D U R I N G C O N S T R U C T I O N S H A L L B E R E P A I R E D P R I O R T O A C C E P T A N C E O F C O M P L E T E D I M P R O V E M E N T S . 2 7 . T H E C O N T R A C T O R S H A L L N O T I F Y A L L R E S I D E N T S I N W R I T I N G A M I N I M U M O F 4 8 H O U R S P R I O R T O A N Y S H U T O F F O F S E R V I C E O R C L O S U R E O F D R I V E W A Y S . T H E N O T I C E S M U S T H A V E C O N T R A C T O R ' S P H O N E N U M B E R A N D N A M E O F C O N T A C T P E R S O N , A N D E M E R G E N C Y P H O N E N U M B E R F O R A F T E R H O U R S C A L L S . C O N T R A C T O R 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 A I N I N G L O C A L A C C E S S T O A L L D R I V E W A Y S . 2 8 . C O N T R A C T O R 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 A I N I N G C L E A N L I N E S S O N A L L L O C A L R O A D W A Y S A F F E C T E D B Y H I S C O N S T R U C T I O N . 2 9 . A S A C O N D I T I O N F O R Q U A L I F Y I N G F O R F I N A L P A Y M E N T T H E C O N T R A C T O R W I L L F U R N I S H U P O N C O M P L E T I O N O F T H E P R O J E C T , 1 S E T O F A S - B U I L T S . 3 0 . S O I L P R E P A R A T I O N , M U L C H I N G A N D M U L C H T A C K I F I E R S H A L L B E I N C L U D E D I N T H E P R I C E O F S E E D I N G . S E E D I N G S H A L L B E I N A C C O R D A N C E W I T H T H E R E Q U I R E M E N T S O F S E C T I O N 2 1 2 O F T H E S P E C I A L P R O V I S I O N S . 3 1 . T H E C O N T R A C T O R S H A L L L I M I T C O N S T R U C T I O N A C T I V I T I E S T O T H O S E A R E A S W I T H I N T H E L I M I T S O F C O N S T R U C T I O N A N D / O R T O E S O F S L O P E A S S H O W N O N T H E P L A N S . A N Y D I S T U R B A N C E B E Y O N D T H E S E L I M I T S S H A L L B E R E S T O R E D T O O R I G I N A L C O N D I T I O N B Y T H E C O N T R A C T O R A T H I S E X P E N S E . C O N S T R U C T I O N A C T I V I T I E S , I N A D D I T I O N T O N O R M A L C O N S T R U C T I O N P R O C E D U R E S , S H A L L I N C L U D E T H E P A R K I N G O F V E H I C L E S O R E Q U I P M E N T , D I S P O S A L O F L I T T E R , A N D A N Y O T H E R A C T I O N W H I C H W O U L D A L T E R E X I S T I N G C O N D I T I O N S . C L E A R I N G A N D G R U B B I N G , A N D L A N D S C A P E R E S T O R A T I O N L U M P S U M I T E M S S H A L L B E B I D T O I N C L U D E A L L A R E A S D I S T U R B E D D U R I N G C O N S T R U C T I O N , W H E T H E R W I T H I N O R O U T S I D E T H E L I M I T S O F C O N S T R U C T I O N . 3 2 . T H E C O N T R A C T O R S H A L L B E R E S P O N S I B L E F O R T H E A C C E P T A N C E A N D C O N T R O L O F A L L S U B S U R F A C E D R A I N A G E A N D G R O U N D W A T E R E N T E R I N G T H E P R O J E C T A R E A . C O N T R A C T O R I S R E S P O N S I B L E F O R P R O V I D I N G D E W A T E R I N G , I F N E E D E D , A T N O A D D I T I O N A L C O S T T O T H E P R O J E C T . D E W A T E R I N G M E T H O D S S H A L L B E A P P R O V E D B Y T H E C I T Y . 3 3 . T H E C O N T R A C T O R S H A L L B E R E S P O N S I B L E F O R P R E S E R V I N G A L L L A N D M O N U M E N T S . M O N U M E N T S D I S T U R B E D D U R I N G C O N S T R U C T I O N A C T I V I T Y S H A L L B E R E S E T A T N O A D D I T I O N A L C O S T T O T H E P R O J E C T . T H E R E S E T T I N G O F M O N U M E N T S S H A L L B E D O N E U N D E R T H E D I R E C T S U P E R V I S I O N O F A R E G I S T E R E D L A N D S U R V E Y O R . T H E C O N T R A C T O R S H A L L F I L E M O N U M E N T R E C O R D S W I T H T H E B O A R D O F R E G I S T R A T I O N O F P R O F E S S I O N A L E N G I N E E R S A N D L A N D S U R V E Y O R S F O R A L L L A N D M O N U M E N T S R E S E T D U R I N G T H E P R O J E C T . T R A F F I C C O N T R O L 1 . T H E C O N T R A C T O R S H A L L P R E P A R E A N D P R E S E N T H I S / H E R M E T H O D F O R H A N D L I N G C O N S T R U C T I O N Z O N E T R A F F I C T O T H E C I T Y F O R A P P R O V A L A T T H E P R E - C O N S T R U C T I O N M E E T I N G . 2 . S U B S E Q U E N T C H A N G E S T O T H E T R A F F I C C O N T R O L P L A N A N D S E Q U E N C E O F W O R K R E Q U E S T E D B Y T H E C O N T R A C T O R S H A L L B E S U B M I T T E D F O R A P P R O V A L 7 2 H O U R S P R I O R T O I M P L E M E N T A T I O N O F T H E R E V I S E D P L A N . 3 . T R A F F I C C O N T R O L P L A N S H A L L A D D R E S S S P E C I F I C P H A S E S O F C O N S T R U C T I O N A N D B E D R A W N T O S C A L E O R D I M E N S I O N E D . T R A F F I C P L A N N I N G W I L L B E D I R E C T E D T O T H E S A F E T Y O F T H E C O N S T R U C T I O N F O R C E A S W E L L A S T H E S A F E A N D E X P E D I T I O U S M O V E M E N T O F T R A F F I C . 4 . W O R K W I T H I N R O A D W A Y A R E A S C L O S E D T O T H R O U G H T R A F F I C M A Y P R O C E E D B E T W E E N T H E H O U R S O F 8 : 3 0 A M A N D 3 : 3 0 P M O N C O L L E C T O R , A R T E R I A L A N D H I G H V O L U M E L O C A L S T R E E T S A S D E T E R M I N E D B Y T H E C I T Y . O N L Y A F T E R R O A D C L O S U R E A P R O V A L H A S B E E N O B T A I N E D F R O M T H E C I T Y E N G I N E E R 5 . T R A F F I C C O N T R O L D U R I N G C O N S T R U C T I O N S H A L L C O M P L Y W I T H T H E L A T E S T E D I T I O N O F T H E F H W A ' S " M A N U A L O N U N I F O R M T R A F F I C C O N T R O L D E V I C E S " A N D O T H E R D O C U M E N T S D E T A I L E D I N T H E S P E C I F I C A T I O N S . 6 . M I N I M U M T E M P O R A R Y L A N E W I D T H S H A L L B E T E N ( 1 0 ) F E E T , U N L E S S O T H E R W I S E A P P R O V E D B Y T H E C I T Y . 7 . P R O V I S I O N S F O R P E D E S T R I A N T R A F F I C S H A L L B E M A D E F O R A L L P H A S E S O F C O N S T R U C T I O N U T I L I T I E S 1 . T H E C O N T R A C T O R I S R E S P O N S I B I L E T O E X C A V A T E A N D L O C A T E A L L E X I S T I N G U T I L I T I E S W H I C H M A Y A F F E C T C O N S T R U C T I O N O F S T O R M S E W E R F A C I L I T I E S . A L L E X P L O R A T O R Y E X C A V A T I O N S S H A L L O C C U R F A R E N O U G H I N A D V A N C E T O P E R M I T A N Y N E C E S S A R Y R E L O C A T I O N T O B E M A D E W I T H M I N I M A L D E L A Y S T O T H E P R O J E C T . T H E C O N T R A C T O R S H A L L N O T B E C O M P E N S A T E D F O R A N Y D E L A Y D U E T O U T I L I T Y C O N F L I C T S . P A Y M E N T W I L L B E M A D E U N D E R P O T H O L I N G . 2 . A L L U T I L I T Y R E L O C A T E S W I L L B E P E R F O R M E D B Y T H E U T I L I T Y C O M P A N Y D U R I N G T H E C O U R S E O F T H E P R O J E C T , U N L E S S A S E P A R A T E P A Y I T E M I S P R O V I D E D . 3 . U T I L I T Y L O C A T I O N S S H O W N O N T H E P L A N A R E P L O T T E D T O T H E B E S T I N F O R M A T I O N A T T I M E O F D E S I G N . U T I L I T Y L O C A T I O N S S H O W N O N T H E P L A N S A R E F O R D E S C R I P T I V E P U R P O S E S O N L Y . T H E C O N T R A C T O R I S R E Q U I R E D T O C O N T A C T T H E P R O P E R U T I L I T Y C O M P A N Y A N D / O R U T I L I T Y L O C A T E C O M P A N Y P R I O R T O C O N S T R U C T I O N . L O C A T I O N O F A L L U T I L I T I E S , W H E T H E R S H O W N O N T H E P L A N S O R N O T , I S T H E S O L E R E S P O N S I B I L I T Y O F T H E C O N T R A C T O R . A N Y D A M A G E S T O E X I S T I N G U T I L I T I E S C A U S E D B Y T H E C O N T R A C T O R , O R A N Y O F H I S S U B C O N T R A C T O R S , S H A L L B E T H E S O L E R E S P O N S I B I L I T Y O F T H E C O N T R A C T O R F O R A L L R E P A I R S A T H I S E X P E N S E . 4 . T H E C O N T R A C T O R S H A L L C O N T A C T T H E 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 O F C O L O R A D O A T L E A S T 4 8 H O U R S P R I O R T O C O N S T R U C T I O N . C A L L 8 0 0 - 9 2 2 - 1 9 8 7 . 5 . P R I O R T O T H E C O M M E N C E M E N T O F A N Y C O N S T R U C T I O N , T H E C O N T R A C T O R S H A L L C O N T A C T A L L U T I L I T I E S T O C O O R D I N A T E S C H E D U L E S . 6 . S T O R M S E W E R P I P E S H A L L B E P V C , S D R - 3 5 , O R R C P A S S P E C I F I E D O N D R A W I N G S . 7 . E L E C T R I C A L C O N D U I T S H A L L B E P V C S C H 8 0 A N D S H A L L B E B U R I E D A M I N I M U M O F 2 F E E T . 8 . A L L S T O R M S T R U C T U R E S T O B E C A S T I N P L A C E U N L E S S O T H E R W I S E A P P R O V E D I N W R I T I N G B Y T H E C I T Y . 9 . U T I L I T I E S W H I C H A R E A D J U S T E D , R E M O V E D , O R R E S E T F O R T H E C O N S T R U C T I O N C O N V E N I E N C E O F T H E C O N T R A C T O R A N D W H I C H W O U L D N O T C O N F L I C T W I T H T H E L I N E O R G R A D E O F T H E P R O P O S E D P R O J E C T W O R K S , S H A L L B E D O N E A T T H E C O N T R A C T O R ' S E X P E N S E . T H I S S H A L L I N C L U D E , B U T N O T B E L I M I T E D T O , S E W E R S E R V I C E L I N E S , W A T E R S E R V I C E L I N E S , T E L E P H O N E , G A S A N D E L E C T R I C A L L I N E S . T H E C O N T R A C T O R S H A L L C O O R D I N A T E W I T H A L L A F F E C T E D U T I L I T Y O W N E R S F O R W O R K T O B E P E R F O R M E D O N S A I D U T I L I T Y A S D E F I N E D I N T H E C O N T R A C T D O C U M E N T S . C O O R D I N A T I O N S H A L L I N C L U D E A P P L I C A T I O N F O R P E R M I T S , L I C E N S I N G , P A Y M E N T O F F E E S , S C H E D U L I N G I N S P E C T I O N S W I T H E A C H O W N E R , A S R E Q U I R E D . A L L S U C H C O S T S A N D / O R T I M E S P E N T F O R C O O R D I N A T I O N W I T H U T I L I T Y O W N E R S S H A L L B E P A I D B Y T H E C O N T R A C T O R , A N D S H A L L N O T B E C O M P E N S A T E D W I T H A P A Y I T E M O R C H A N G E O R D E R main file xref fileCAD FILE INFO plot date projectsheet no.job no. drawn by s h e e t n u m b e r job number design by date checked by description of revisionsno date by REVISIONS Diamondback 12640 West Cedar Drive, Suite C, Lakewood, CO 80228-2030 Office: 303-985-4204 Fax: 303-985-4214 www.diamondbackeng.com DiamondbackEngineering & Surveying, Inc. DiamondbackDiamondbackEngineering & Surveying, Inc. 3/25/2020 DAH DAH JE G 2 CITY OF EDGEWATER, COLORADO 26TH AVENUE AND FENTON DRAINAGE IMPROVMENTS PROJECT DRAWING LEGEND AND GENERAL NOTES 0+001+00 2+ 0 0 3 + 0 0 4 + 0 0 5 + 0 0 6 + 0 0 6+ 2 4 PI: 0+20.09PI: 0+58.01PI: 0+89.61 PI: 1+4 9 . 1 9 PI: 6+09.04 WR COMB. TYP E I N L E T ( 2 ) N: 1700160.195E: 3123654.626RIM=5361.33'INV. IN=5350.35' ( E ) INV. OUT=5350.2 5 ' ( W ) WR COM B . T Y P E I N L E T ( 1 ) N: 17001 5 7 . 0 2 6 E: 31236 9 1 . 8 5 7 RIM=536 1 . 0 9 ' INV. IN=5 3 5 2 . 2 3 ' ( E ) INV. OUT = 5 3 5 1 . 2 9 ' ( W ) EX INLET 1N: 1700149. 7 1 8 E: 3123711. 1 4 2 RIM=5360.9 0 ' INV. OUT=5 3 5 2 . 9 0 ' ( W ) EX WR COMB. INLET 2N: 1700148.272E: 3123625.363RIM=5360.90'INV. IN=5349.46' (E)INV. OUT=5348.50' (S)JUN C T I O N M H 1 N: 17 0 0 0 8 8 . 9 8 6 E: 31 2 3 6 3 1 . 2 2 1 RIM= 5 3 5 8 . 2 2 ' INV. I N = 5 3 4 6 . 1 3 ' ( N ) INV. O U T = 5 3 4 6 . 1 3 ' ( S ) J U N C T I O N M H 2 N : 1 6 9 9 7 2 3 . 2 8 6 E : 3 1 2 3 6 3 2 . 7 9 5 R I M = 5 3 4 4 . 3 2 ' I N V . I N = 5 3 3 9 . 3 7 ' ( N ) I N V . O U T = 5 3 3 9 . 3 8 ' ( S ) FLOWFILL EXISTING STORM SEWERREMOVE STOP SIGNRESET AFTER PIPE INSTALL COVER END OF EXISTING STORM SEWERWITH TEMPORARY PLYWOOD TO ALLOWFLOWFILL TO SET. REMOVE PLYWOODFROM INLET WITHIN 24 HOURSCOVER END OF EXISTING STORM SEWERWITH TEMPORARY PLYWOOD TO ALLOWFLOWFILL TO SET. REMOVE PLYWOODFROM INLET WITHIN 24 HOURS J U N C T I O N M H 3 N : 1 6 9 9 6 2 9 . 1 3 7 E : 3 1 2 3 6 3 3 . 2 0 1 R I M = 5 3 4 2 . 2 8 ' I N V . I N = 5 3 3 9 . 0 0 ' ( N ) I N V . I N = 5 3 3 8 . 8 9 ' ( W ) I N V . O U T = 5 3 3 8 . 7 5 ' ( S E ) E X I S T I N G M H N : 1 6 9 9 6 2 2 . 7 5 7 E : 3 1 2 3 6 4 3 . 9 0 3 R I M = 5 3 4 2 . 8 2 ' J U N C T I O N M H 3 G O E S B E T W E E N E X I S T I N G I N L E T A N D E X I S T I N G M H 3 6 5 . 7 L F 1 8 I N C H T H I C K W A L L E D P V C @ 1 . 8 5 % JUNCTION MH 1RIM=5358.22'INV. IN=5346.13' (N)INV. OUT=5346.13' (S)59.6 LF18 INCH THICKWALLED PVC@ 3.99%EX WR COMB. INLET 2RIM=5360.90'INV. IN=5349.46' (E)INV. OUT=5348.50' (S)31.6 LF18 INCH THICKWALLED PVC@ 2.50%WR COMB. TYPE INLET (2)RIM=5361.33'INV. IN=5350.35' (E)INV. OUT=5350.25' (W)37.4 LF18 INCH THICKWALLED PVC@ 2.50%WR COMB. TYPE INLET (1)RIM=5361.09'INV. OUT=5351.29' (W)INV. IN=5352.23' (E)20.6 LF18 INCH THICKWALLED PVC@ 3.25% 9 4 . 1 L F 1 8 I N C H T H I C K W A L L E D P V C @ 0 . 4 0 % JUNCTION MH 2 RIM=5344.32' INV. IN=5339.37' (N) INV. OUT=5339.38' (S) EX INLET 1RIM=5360.90'INV. OUT=5352.90' (W) JUNCTION MH 3 RIM=5342.28' INV. IN=5339.00' (N) INV. IN=5338.89' (W) INV. OUT=5338.75' (SE) EXISTING MH RIM=5342.82' 1 2 . 4 L F 1 8 I N C H T H I C K W A L L E D P V C @ 2 . 5 0 % main file xref fileCAD FILE INFO plot date projectsheet no.job no. drawn by s h e e t n u m b e r job number design by date checked by description of revisionsno date by REVISIONS Diamondback 12640 West Cedar Drive, Suite C, Lakewood, CO 80228-2030 Office: 303-985-4204 Fax: 303-985-4214 www.diamondbackeng.com DiamondbackEngineering & Surveying, Inc. DiamondbackDiamondbackEngineering & Surveying, Inc. 3/25/2020 DAH DAH JE C 1 CITY OF EDGEWATER, COLORADO 26TH AVENUE AND FENTON DRAINAGE IMPROVMENTS PROJECT STORM SEWER IMPROVEMENTS PLAN AND PROFILE S C A L E 1 " = 3 0 ' 6 0 3 0 0 3 0 S C A L E 1 " = 3 0 ' 6 0 3 0 0 3 0 0+001+00 2+00 3 + 0 0 4 + 0 0 5 + 0 0 6 + 0 0 6+ 2 4 PI: 0+20.09PI: 0+58.01PI: 0+89.61 PI: 1+49.19 PI: 6+09.04 0+001+00 2+00 3 + 0 0 4 + 0 0 5 + 0 0 6 + 0 0 6 + 1 4 PI: 0+20.09PI: 0+58.01PI: 0+89.61 PI: 1+49.19 P R O V I D E T Y P E 1 I N L E T P R O T E C T I O N S E E D E T A I L O N S H E E T D 2 GRA V E L A G G R E G A T E B A G C U R B CHE C K ( T Y P ) SEE D E T A I L O N S H E E T D 2 G R A V E L A G G R E G A T E B A G C U R B C H E C K ( T Y P ) S E E D E T A I L O N S H E E T D 2 P R O V I D E T Y P E 1 I N L E T P R O T E C T I O N S E E D E T A I L O N S H E E T D 2 PROVIDE TYPE 1 INLETPROTECTIONSEE DETAIL ON SHEET D2main file xref fileCAD FILE INFO plot date projectsheet no.job no. drawn by s h e e t n u m b e r job number design by date checked by description of revisionsno date by REVISIONS Diamondback 12640 West Cedar Drive, Suite C, Lakewood, CO 80228-2030 Office: 303-985-4204 Fax: 303-985-4214 www.diamondbackeng.com DiamondbackEngineering & Surveying, Inc. DiamondbackDiamondbackEngineering & Surveying, Inc. 3/25/2020 DAH DAH JE C 2 CITY OF EDGEWATER, COLORADO 26TH AVENUE AND FENTON DRAINAGE IMPROVMENTS PROJECT STORM SEWER IMPROVEMENTS EROSION CONTROL PLAN S C A L E 1 " = 2 0 ' 4 0 2 0 0 1 0 2 0 main file xref fileCAD FILE INFO plot date projectsheet no.job no. drawn by s h e e t n u m b e r job number design by date checked by description of revisionsno date by REVISIONS Diamondback 12640 West Cedar Drive, Suite C, Lakewood, CO 80228-2030 Office: 303-985-4204 Fax: 303-985-4214 www.diamondbackeng.com DiamondbackEngineering & Surveying, Inc. DiamondbackDiamondbackEngineering & Surveying, Inc. 3/25/2020 DAH DAH JE D 1 CITY OF EDGEWATER, COLORADO 26TH AVENUE AND FENTON DRAINAGE IMPROVMENTS PROJECT STORM SEWER IMPROVEMENTS COMBINED CURB INLET DETAIL S T O R M D R A I N A G E P I P E I N S T A L L A T I O N S E C T I O N A S T A N D A R D M A N H O L E P L A N main file xref fileCAD FILE INFO plot date projectsheet no.job no. drawn by s h e e t n u m b e r job number design by date checked by description of revisionsno date by REVISIONS Diamondback 12640 West Cedar Drive, Suite C, Lakewood, CO 80228-2030 Office: 303-985-4204 Fax: 303-985-4214 www.diamondbackeng.com DiamondbackEngineering & Surveying, Inc. DiamondbackDiamondbackEngineering & Surveying, Inc. 3/25/2020 DAH DAH JE D 2 CITY OF EDGEWATER, COLORADO 26TH AVENUE AND FENTON DRAINAGE IMPROVMENTS PROJECT STORM SEWER IMPROVEMENTS EROSION CONTROL DETAILS April 2020 City of Edgewater 26th Ave and Fenton Street Storm Sewer Project 02720 - 1 SECTION 02720 STORM DRAINAGE 02720 Storm Drainage April 2020 City of Edgewater 26th Ave and Fenton Street Storm Sewer Project 02720 - 2 SECTION 02720 STORM DRAINAGE PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 1 Specification Sections, apply to this Section. B. Additional information concerning storm sewer systems may be found on the Civil Drawings. In case of conflict between the drawings and the information specified herein, the more stringent requirements shall govern. 1.2 SUMMARY A. This Section includes storm sewer piping. C. Permits and Fees: 1. Obtain and pay for all permits required for the work of this Section. 2. Pay all fees for inspections by local authorities and utility agency for work specified in this section. D. Existing Utilities 1. It shall be the Contractor’s responsibility to excavate and verify the location (depth, horizontal alignment, etc.) of all existing utilities that may affect construction of the proposed storm drainage line. All exploratory excavations shall occur far enough in advance to permit any necessary relocation to be made with minimum delay and to verify existing vertical and horizontal location to determine alignment for the proposed storm drainage line. All costs incurred by the Contractor in making exploratory excavations shall be considered to be included in the unit price bid for construction each section of storm drainage line or the associate structures. 1.3 REFERENCES A. State of Colorado, Department of Transportation (CDOT): State Department of Highways Standard Construction Specifications for Road and Bridge Construction, 1999. B. City of Wheat Ridge Standard Specifications for Design and Construction, Latest Edition. C. Reference Standards: Comply with the requirements of the reference standards noted herein, except where more stringent requirements are listed herein or otherwise required by the Contract Documents. April 2020 City of Edgewater 26th Ave and Fenton Street Storm Sewer Project 02720 - 3 1.4 DEFINITIONS A. Polypropylene: ADS HP 18” Storm B. PVC: Polyvinyl chloride thick walled plastic C. RCP: Reinforced concrete pipe 1.5 SUBMITTALS A. Product Data: For the following: 1. Channel drainage systems. 2. Pipe. 3. Cleanouts, inlets and drains. B. Shop Drawings: Include plans, elevations, details, and attachments for the following: 1. Precast concrete inlets and manholes and other structures, including frames, covers, and grates. 2. Cast-in-place concrete manholes and other structures, including frames, covers, and grates. C. Design Mix Reports and Calculations: For each class of cast-in-place concrete. D. Field Test Reports: Indicate and interpret test results for compliance with performance requirements. 1.6 DELIVERY, STORAGE, AND HANDLING A. Do not store plastic structures, pipe, and fittings in direct sunlight. B. Protect pipe, pipe fittings, and seals from dirt and damage. C. Deliver piping in manufacturer’s original bundles, securely strapped, and with protective blocking as required. Label or tag each bundle with type, size and quality of material. D. Exercise care to prevent damage to materials during loading, transportation and unloading. Do not drop pipe or fittings. 1.7 PROJECT CONDITIONS A. Site Information: Perform site survey, research public utility records, and verify existing utility locations. B. Locate existing structures and piping to be closed and abandoned. April 2020 City of Edgewater 26th Ave and Fenton Street Storm Sewer Project 02720 - 4 C. Existing Utilities: Do not interrupt utilities serving facilities occupied by Owner or others unless permitted under the following conditions and then only after arranging to provide temporary utility services according to requirements indicated: PART 2 - PRODUCTS 2.1 PIPES AND FITTINGS A. A. Polypropylene: ADS HP 18” Storm meeting the requirements of ASTM F477, ASTM D3212, ASTM F2881, ASTM F1417, ASTM D2321. 1. Thick walled polypropylene with bell and spigot gasketed joints. B. PVC Sewer Pipe and Fittings: According to the following: 1. PVC Sewer Pipe and Fittings, NPS 15 and Smaller: ASTM D 3034, SDR 35, for gasketed joints. a. Gaskets: ASTM F 477, elastomeric seals. B. RCP Sewer Pipe and Fittings: According to the following: 1. ASTM C 76, and ASTM C 506 and ASTM C 507 for circular, arch, and vertical and horizontal elliptical pipe, respectively. Pipe shall be Class III, Wall B, unless otherwise noted. 2. Joints: Water tight joints meeting ASTM C 443 Standard Specification for joints in circular concrete sewer and culvert pipe, using rubber gaskets. C. Reinforced-Concrete Sewer Pipe and Fittings: R4 gasketed pipe jointing, ASTM C 76 and ASTM C 506 and ASTM C 507 for circular, arch, and vertical and horizontal elliptical pipe, respectively. Pipe shall be Class III, Wall B, unless otherwise noted. 2.2 MANHOLES A. Precast Concrete Manholes: ASTM C 478, precast, reinforced concrete, of depth indicated. 1. Ballast: Increase thickness of precast concrete sections or add concrete to base section, as required to prevent flotation. 2. Riser Sections: Minimum thickness as noted on plans, and lengths to provide depth indicated. 3. Top Section: Eccentric-cone type, unless flat-slab-top type is indicated or approved. Top of cone of size that matches grade rings. 4. Steps: Fiberglass, individual steps. Include width that allows worker to place both feet on one step and is designed to prevent lateral slippage off step. Cast or anchor into base, riser, and top section sidewalls with steps at 12- to 16-inch intervals. B. Manhole Frames and Covers: Cast iron, ASTM A48. Ring and cover shall have combined weight greater than 400 lbs., shall be machined to fit securely with non-rocking cover, and shall be hot-dipped in asphalt. April 2020 City of Edgewater 26th Ave and Fenton Street Storm Sewer Project 02720 - 5 2.3 STORM WATER INLETS A. Gutter Inlets: Type as indicated on plans, in accordance with City Standard Details. 2.5 CONCRETE including Sidewalks and Curb and Gutter A. Portland Cement Design Mix: Approved laboratory design 4000 psi minimum mix, with 0.45 maximum water-cementitious ratio, 5-7% entrained air and maximum 4” slump. Refer to 03300 for additional information. PART 3 - EXECUTION 3.1 PREPARATION A. Piping: Prior to installation, verify that insides of pipe and pipe joints are clean and free of dirt, mud, oil, shavings from cutting, or other deleterious materials. 3.2 INSTALLATION A. General: Completed storm sewer system shall comply with City. In case of conflict between the City requirements and the requirements specified herein, the City requirements shall govern. B. Piping – General: 1. Use only undamaged material. 2. Lay pipe on firm bedding with full length of barrel fully supported. Maintain straight lines and uniform grades between invert elevations shown. Inside of pipe shall be smooth and clean. 3. Begin all pipe installation at downstream end of pipe run, with lower segment of pipe in contact with specified bedding. Place bell or groove ends facing upstream. 4. Plug ends temporarily during installation, until connections are made to adjoining pipe or to manholes or inlet structures. 5. Trench excavation and placement and compaction of bedding and backfill is specified in Section 02225. C. Manholes: 1. Construct manholes in accordance with drawings and applicable public works standards. Carry pipe through manhole with split pipe. Extend cast-in-place concrete manhole base at least 8” below pipe barrel. 2. Slope floor of manhole from centerline of pipe to maximum of 2” above top of pipe at face of manhole. Shape invert when manhole base is poured to conform exactly to lower half of pipe. 3. Form or shape inverts smooth and clean, with no obstructions. Allow insertion of an expandable plug in pipe. Construct side branches with radii as large as possible to connect to main invert. 4. Extend concrete base ring minimum 3” above top of pipe. 5. Place future extension of pipe from manholes in manhole base. Shape invert with pipe extended to outside face of manhole base and terminated with bell of pipe as close as practical to manhole base. April 2020 City of Edgewater 26th Ave and Fenton Street Storm Sewer Project 02720 - 6 6. Do not place precast manhole sections on manhole base for two days minimum after placement of concrete base. Thoroughly clean top of formed concrete base ring prior to placing manhole barrel sections. 7. Place a complete and continuous roll of sealant in groove or keyway of concrete base ring in sufficient quantity that when precast manhole barrel is placed there will be no voids. Join each succeeding precast manhole barrel in similar manner. Install sealant in groove side of tongue and groove joints. 8. Trim away all excess material and repair all lifting holes. D. Manhole Ring and Covers: 1. Set ring and cover at same grade as road or other finished surface. 2. Where finished surface will be completed after manhole construction, set top of cone where a maximum of two courses of brick will be required to adjust ring and cover to final grade. Final elevations of lid will be adjusted with bricks, mortar or precast concrete rings not to exceed 6”. E. Inlets, Outlets, and Catch Basins: 1. Cast-in-place or precast concrete in accordance with drawings and applicable public works standards. Comply with applicable requirements of Section 03300. 2. Construct inverts of pipe or concrete smoothed inverts same size as pipe up to centerline of pipe. Form perimeter bench as indicated. 3. Embed steel angles or other accessories as indicated or required to anchor and support frames, grates, or covers. F. Frames, Grates, Covers and Steps: Install accurately to placement dimensions shown on drawings. Anchor castings in place and set in adjustment mortar to assure a firm foundation. G. Connection to Existing Structures: 1. Cut and patch or rebuild existing manhole, catch basins, or other drainage structures as required to receive new drain lines. 2. Core drill openings to receive new pipe. Chip existing bench to provide sufficient thickness for mortar bed to form new invert. 3. Seal around new pipe penetration with expandable waterstop sealant, completely filling space between pipe and cut opening to provide a watertight repair. 3.3 FIELD QUALITY CONTROL A. Clear interior of piping and structures of dirt and superfluous material as work progresses. 1. In large, accessible piping, brushes and brooms may be used for cleaning. 2. Place plug in end of incomplete piping at end of day and when work stops. 3. Flush piping between manholes and other structures to remove collected debris. B. Inspect interior of piping to determine whether line displacement or other damage has occurred. Inspect after approximately 24 inches of backfill is in place, and again at completion of Project. April 2020 City of Edgewater 26th Ave and Fenton Street Storm Sewer Project 02720 - 7 1. Submit separate reports for each system inspection. 2. Defects requiring correction include the following: a. Alignment: Less than full diameter of inside of pipe is visible between structures. b. Deflection: Flexible piping with deflection that prevents passage of ball or cylinder of size not less than 92.5 percent of piping diameter. c. Crushed, broken, cracked, or otherwise damaged piping. d. Infiltration: Water leakage into piping. e. Exfiltration: Water leakage from or around piping. 3. Replace defective piping using new materials, and repeat inspections until defects are within allowances specified. 4. Reinspect and repeat procedure until results are satisfactory. C. Test new piping systems for leaks and defects. 1. Do not enclose, cover, or put into service before inspection and approval. 2. Test completed piping systems according to authorities having jurisdiction. a. Testing: Hydrostatic pressure tests on joints shall be made on an assembly of two section of pipe, properly connected in accordance with the joint design. Suitable bulkheads shall be provided either within the pipe adjacent to and on either side of the joint, or at the outer ends of the two joined pipe sections. No mortar or concrete coatings, fillings, or packings shall be placed prior to watertightness tests. After the pipe sections are fitted together with the gaskets or gaskets in place, the assembly shall be subjected to an internal hydrostatic pressure of 13 psi (30 ft.) pressure head for 10 minutes. Moisture or beads of water appearing on the surface of the joint will not be considered as leakage. If leakage of joints should initially occur, the Contractor shall have the option to extend the test period up to 24 hours. 3. Schedule tests and inspections by authorities having jurisdiction with at least 24 hours' advance notice. 4. Submit separate reports for each test. 5. Leaks and loss in test pressure constitute defects that must be repaired. 6. Replace leaking piping using new materials, and repeat testing until leakage is within allowances specified. END OF SECTION ITEM NO: DATE: July 13, 2020 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 38-2020 - A RESOLUTION CONCERNING THE ACQUISITION AND ACCEPTANCE OF 4084 WADSWORTH BOULEVARD FOR THE PURPOSE OF CONSTRUCTING, INSTALLING, MAINTAINING, AND USING PUBLIC IMPROVEMENTS FOR IMPROVING WADSWORTH BOULEVARD BY EITHER NEGOTIATION AND VOLUNTARY PURCHASE OR, IF NECESSARY, THROUGH THE UTILIZATION OF THE CITY’S POWER OF EMINENT DOMAIN, AND AUTHORIZING SUCH ACTION AS NECESSARY TO ACCOMPLISH SAID PURPOSES PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO _______________________________ ______________________________ Director of Community Development City Manager ISSUE: The proposed improvements to Wadsworth Boulevard require that additional right-of-way (ROW) be purchased to allow for the construction of public improvements. In order to facilitate the acquisition of property at 4084 Wadsworth and the subsequent relocation of the current tenant, Raliberto’s, the property owner has requested that the property be purchased under the “threat” of eminent domain. This is a common request when municipalities purchase properties for public projects and it provides significant tax benefits to the seller pursuant to Internal Revenue Code Section 1033. In this situation, the property seller will be allowed to defer any capital gains from the sale for up to three years rather than the standard 180 days. All other terms of the purchase of this property have been negotiated in good faith between the City and the property owner and have been finalized. 6 Council Action Form – Raliberto’s Right of Way Resolution July 13, 2020 Page 2 PRIOR ACTION: On December 10, 2018, Council approved a contract for ROW acquisition services with HDR, Inc. to prepare ROW plans and acquire ROW necessary to construct the project. On January 14, 2019, Council authorized staff to acquire ROW along the corridor. Council authorized the Mayor and the City Clerk to accept the acquired ROW on their behalf. FINANCIAL IMPACT: In late November 2018, City staff administratively approved an early action scope and fee of $72,600 with HDR to order the required 66 title commitments required for ROW acquisition along Wadsworth Boulevard. On December 10, 2018, an additional $1,344,394.91 was approved by City Council for the ROW acquisition work for a total HDR contract for ROW acquisitions services of $1,416,994.91. The 2020 budget includes $15 million for ROW acquisitions along Wadsworth Boulevard. BACKGROUND: On December 10, 2018, Council approved a contract for ROW acquisition services with HDR, Inc. to prepare ROW plans and acquire ROW necessary to construct the project. At the December 16, 2019 Study Session, an update was provided to Council on the status of the two early full acquisitions, Midas and Raliberto’s, which included an overview of the ROW acquisition process for the four new Council Members. Final settlements have been reached with Midas and Raliberto’s. The acquisition of the Midas property was completed on June 30, 2020 and Raliberto’s is proceeding towards closing. A Lease Back Agreement with Raliberto’s is scheduled for the July 13, 2020 City Council meeting to allow the business to occupy their current location until at least September 30, 2020. RECOMMENDATIONS: Staff recommends that City Council approve the attached resolution authorizing acquisition and acceptance of 4084 Wadsworth Boulevard, including the “threat” of eminent domain, for the purposes of improving Wadsworth Boulevard. RECOMMENDED MOTION: “I move to approve Resolution No. 38-2020 a resolution concerning the acquisition and acceptance of 4084 Wadsworth Boulevard for the purpose of constructing, installing, maintaining and using public improvements for improving Wadsworth Boulevard by either negotiation and voluntary purchase or, if necessary, through the utilization of the City’s power of eminent domain, and authorizing such action as necessary to accomplish said purposes.” Or, “I move to postpone indefinitely Resolution No. 38-2020, a resolution concerning the acquisition and acceptance of 4084 Wadsworth Boulevard for the purpose of constructing, installing, Council Action Form – Raliberto’s Right of Way Resolution July 13, 2020 Page 3 maintaining and using public improvements for improving Wadsworth Boulevard by either negotiation and voluntary purchase or, if necessary, through the utilization of the City’s power of eminent domain, and authorizing such action as necessary to accomplish said purposes, for the following reason(s) __________________________________________.” REPORT PREPARED/REVIEWED BY: Mark Westberg, Project Manager Steve Nguyen, Engineering Division Manager Kenneth Johnstone, Director of Community Development Patrick Goff, City Manager ATTACHMENTS: 1. Resolution 38-2020 CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 38 Series of 2020 TITLE: A RESOLUTION CONCERNING THE ACQUISITION AND ACCEPTANCE OF 4084 WADSWORTH BOULEVARD FOR THE PURPOSE OF CONSTRUCTING, INSTALLING, MAINTAINING, AND USING PUBLIC IMPROVEMENTS FOR IMPROVING WADSWORTH BOULEVARD BY EITHER NEGOTIATION AND VOLUNTARY PURCHASE OR, IF NECESSARY, THROUGH THE UTILIZATION OF THE CITY’S POWER OF EMINENT DOMAIN, AND AUTHORIZING SUCH ACTION AS NECESSARY TO ACCOMPLISH SAID PURPOSES WHEREAS, the City of Wheat Ridge, Colorado possesses the power of eminent domain pursuant to Article XX, §§1 and 6 of the Colorado Constitution, Section 16.4 and 1.3 of the City of Wheat Ridge Home Rule Charter, C.R.S. §38-1-101, et seq., and C.R.S. § 38-6-101, et seq.; and WHEREAS, the City Council for the City of Wheat Ridge seeks to acquire certain property rights more particularly described as 4084 Wadsworth Boulevard for the purposes of constructing, installing, maintaining and using public improvements for improving Wadsworth Boulevard in Wheat Ridge, Colorado; and WHEREAS, the City of Wheat Ridge has complied and intends to continue to comply with all applicable provisions of C.R.S. § 38-1-101, et seq., including, but not limited to, the notice and good faith negotiation requirements and provisions thereof. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge that: Section 1. The term “Subject Property” means the interest in the real property more particularly described as 4084 Wadsworth Boulevard. Section 2. The City Council hereby finds that the acquisition of the Subject Property for the construction, installation, maintenance and use of the public improvements for improving Wadsworth Boulevard will serve a proper, public and municipal purpose and use, and that such acquisition is necessary and essential to this public purpose and use. The City Council hereby declares its intent to acquire the Subject Property for the purposes stated herein. Section 3. The City Manager or his designee, in consultation with the City Attorney, is directed to provide notice of the City’s intent to acquire the Subject Property to the various owners of said property, and to thereafter conduct good faith negotiations with the owners for the acquisition of the property rights sought. ATTACHMENT 1 The City Manager is authorized to make offers for all of the Subject Property based upon the appraisal or fair market valuation of the same, and is further authorized to execute agreements for the acquisition of all of the Subject Property. Section 4. If, after making good faith offers to acquire the Subject Property, the City is unable to acquire the necessary property rights by negotiation and/or voluntary purchase, the City Attorney is hereby authorized to institute and prosecute eminent domain proceedings in the name of the City so as to acquire the Subject Property by condemnation. In the prosecution of any eminent domain actions to acquire the Subject Property, the City shall have and retain all rights and powers lawfully delegated to it by the Colorado Constitution, the City of Wheat Ridge Home Rule Charter, and C.R.S. § 38-1-101, et seq. and C.R.S. § 38-6-101, et seq. Section 5. The City Manager or his designee, in consultation with the City Attorney, is authorized to seek and to take immediate possession of the Subject Property as may be necessary for constructing, installing, maintaining and using public improvements for improving Wadsworth Boulevard, and to make such deposits or other payments as may be necessary in connection therewith. If eminent domain proceedings are instituted, the City Manager or his designee, in consultation with the City Attorney, is authorized to retain such expert witnesses, including appraisers, as the City determines are necessary for the eminent domain proceedings. Section 6. The City Manager or his designee, in consultation with the City Attorney, are hereby specifically authorized to make such reasonable or necessary amendments and corrections to the terms and/or legal descriptions of the Subject Property to be acquired, including authorization to include such additional or other property rights necessary or desirable for the City to acquire so as to construct, install, maintain and use the public improvements for multi modal improvements. The Mayor and City Clerk are hereby authorized and directed to execute an acceptance of the interests in real property when acquired. Section 7. The City Council hereby finds, determines and declares that this Resolution is promulgated under the general police power of the City of Wheat Ridge, that it is adopted for the health, safety and welfare of the public, and that this Resolution is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Resolution bears a rational relation to the proper legislative object sought to be obtained. Section 8. If any clause, sentence, paragraph or part of this Resolution or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid, such judgment shall not affect application to other persons or circumstances. Section 9. This Resolution shall become effective immediately upon adoption. DONE AND RESOLVED this 13th day of July 2020. _______________________ Bud Starker, Mayor ATTEST: __________________________ Steve Kirkpatrick, City Clerk ITEM NO: DATE: July 13, 2020 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 39-2020 - A RESOLUTION CONCERNING THE LEASE BACK OF PROPERTY LOCATED AT 4084 WADSWORTH BOULEVARD TO EDWARD E. COLSON, III TRUST ET.AL. PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO _______________________________ ______________________________ Community Development Director City Manager ISSUE: The proposed improvements to Wadsworth Boulevard require that additional right-of-way (ROW) be purchased to allow for the construction of public improvements. In order to facilitate the acquisition of property at 4084 Wadsworth and the subsequent relocation of the current tenant, Raliberto’s, City Council must approve a resolution authorizing leasing the property back to Raliberto’s for a limited period of time. PRIOR ACTION: On December 10, 2018, Council approved a contract for ROW acquisition services with HDR, Inc. to prepare ROW plans and acquire ROW necessary to construct the project. On January 14, 2019, Council authorized staff to acquire ROW along the corridor. Council authorized the Mayor and the City Clerk to accept the acquired ROW on their behalf. FINANCIAL IMPACT: In late November 2018, City staff administratively approved an early action scope and fee of $72,600 with HDR to order the required 66 title commitments required for ROW acquisition along Wadsworth Boulevard. On December 10, 2018, an additional $1,344,394.91 was approved by City Council for the ROW acquisition work for a total HDR contract for ROW acquisitions services of $1,416,994.91. 7 Council Action Form – Wadsworth Boulevard Raliberto’s Lease July 13, 2020 Page 2 The 2020 budget includes $15 million for ROW acquisitions along Wadsworth Boulevard. The City will receive $10 annually for the lease. BACKGROUND: On December 10, 2018, Council approved a contract for ROW acquisition services with HDR, Inc. to prepare ROW plans and acquire ROW necessary to construct the project. At the December 16, 2019 Study Session, an update was provided to Council on the status of the two early full acquisitions, Midas and Raliberto’s, which included an overview of the ROW acquisition process for the four new Council Members. Final settlements have been reached with Midas and Raliberto’s. The acquisition of the Midas property was completed on June 30, 2020 and Raliberto’s is proceeding towards closing. In order to allow Raliberto’s adequate time to prepare and relocate to a new location, the Memorandum of Agreement (MOA) with them that outlines the details of the purchase allows them to occupy their current location until at least September 30, 2020. However, it is expected that the property acquisition will be completed before then, so a lease has been prepared with the City as the landlord and the property owner as the tenant, see Attachment 1. Raliberto’s would continue to lease the property from the current property owner. RECOMMENDATIONS: Staff recommends that City Council approve the attached resolution authorizing the City to lease property located at 4084 Wadsworth Boulevard to Edward E. Colson, III Trust et. al. in order to allow the closing on the purchase of the property and facilitate the relocation of Raliberto’s to a new location. RECOMMENDED MOTION: “I move to approve Resolution No. 39-2020, a resolution concerning the lease back of property located at 4084 Wadsworth Boulevard to Edward E. Colson, III Trust et. al.” Or, “I move to postpone indefinitely Resolution No. 39-2020, a resolution concerning the lease back of property located at 4084 Wadsworth Boulevard to Edward E. Colson, III Trust et. al, for the following reason(s) __________________________________________.” REPORT PREPARED/REVIEWED BY: Mark Westberg, Project Manager Steve Nguyen, Engineering Division Manager Kenneth Johnstone, Director of Community Development Patrick Goff, City Manager ATTACHMENTS: 1. Resolution 39-2020 2. Exhibit A – Lease Agreement CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 39 Series of 2020 TITLE: A RESOLUTION CONCERNING THE LEASE BACK OF THE PROPERTY LOCATED AT 4084 WADSWORTH BOULEVARD TO EDWARD E. COLSON, III TRUST ET. AL. WHEREAS, the City of Wheat Ridge (City) seeks to widen and make other improvements to Wadsworth Boulevard between 35th Avenue and 48th Avenue (Project); and, WHEREAS, on January 14, 2019, the City Council approved Resolution No. 04-2019, and thereby conveyed to the City Manager, or his designee, the authority to negotiate with private landowners and purchase those property rights necessary to construct and maintain the Project; and WHEREAS, pursuant to Resolution No. 04-2019, City staff negotiated in good faith with the owners of 4084 Wadsworth Blvd (Subject Property), Edward E. Colson, III Trust et. al. (Colson), to purchase same for the Project; and WHEREAS, as a condition of the timely sale of the Subject Property to the City, Colson negotiated a short-term lease back of the Subject Property from the City; and WHEREAS, the City’s post-sale lease back of the Subject Property to Colson facilitates the continued use of the Subject Property as the site of a Mexican restaurant until at least September 30, 2020; and WHEREAS, pursuant to C.R.S. § 31-15-713(c), so long as term of the lease is less than one year, through the passage of an authorizing resolution finding that it is the best interests of the City to do so, the City may lease any real estate it owns, together with any facilities thereon; and WHEREAS, the City Council hereby finds that it is in the best interests of the City to lease 4084 Wadsworth Blvd, together with any facilities thereon, to Colson, until September 30, 2020. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, that: Section 1: Lease between the City and Colson Approved. The lease between the City and Colson, a copy of which is attached to this Resolution as Exhibit A, and incorporated herein by reference, is hereby approved, and the Mayor and City Clerk are authorized and directed to execute the same. ATTACHMENT 1 Section 2: Effective Date. This Resolution shall become effective upon adoption. DONE AND RESOLVED this 13th day of July 2020 Bud Starker, Mayor ATTEST: Steve Kirkpatrick, City Clerk Exhibit A Lease between the City and Edward E. Colson, III Trust et. al. (Colson) [attached] Rev. 10/2019 Page 1 of 8 PROJECT NO. NHPP 1211-086 PARCEL NO. AP-26 PROPERTY ADDRESS 4084 Wadsworth Blvd, Wheat Ridge, CO 80033 LEASE AGREEMENT (Building & Land) THIS LEASE AGREEMENT or LEASE, made and entered into this day of , , by and between the City of Wheat Ridge, hereinafter referred to as "Lessor", and Edward E. Colson, III Trust dated January 12, 1995 and Karen Jeanne Colson and Dennis R. Sciotto and Carol Ann Sciotto Community Property Trust Agreement dated January 9, 2002 and Greg Ronald Velazquez and Cynthia Lee Velasquez, collectively, hereinafter referred to as "Lessee". WITNESSETH: NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties hereto agree as follows: 1. PREMISES. Lessor hereby leases and demises unto Lessee the building located at 4084 Wadsworth Boulevard, Wheat Ridge, CO 80033, including land, improvements and other rights appurtenant thereto, hereinafter referred to as Premises or Building. The Premises, known and described as 4084 Wadsworth Boulevard, Wheat Ridge, CO 80033, includes approximately 19,875 square feet of land and a building consisting of 1,519 square feet of rentable floor area; the legal description for the Premises is attached hereto, made a part hereof and marked "Exhibit A". 2. TERM. The term of this lease shall begin at on (date of closing) (Date of Closing) and end on earlier of the date the Lessee fully vacates the Premises, or September 30, 2020, whichever comes first, subject to the cancellation and termination provisions herein. 3. RENT. Lessee shall pay $10 per (year) as rent during the term hereof. 4. SECURITY DEPOSIT. Lessee has paid and Lessor has received a security deposit in the amount of $ to be held as a deposit against the full performance of every provision of the agreement, and as a deposit against any damages caused to the leased premises by Lessee, its guests or invites. The Lessor shall have the right to use said deposit in full or in part payment of any rental obligation or damage caused by the Lessee or failure by Lessee to leave the premises in good repair and in a clean condition. Lessee understands that they cannot use the security deposit as a payment of any rental obligation without written permission from the Lessor. 5. USE. a. The Premises shall be used solely for restaurant purposes and no other. Lessee shall not use or permit the Premises to be used for any other purpose without Lessee's prior written consent. Any other use of the Premises shall constitute a material breach of this lease and may cause this lease to terminate immediately at the Lessor’s option. b. Lessee shall not do or permit to be done in, on or about the Premises, nor bring or keep or permit to be brought or kept therein, anything which is prohibited by or will in any way conflict with any law, statute, ordinance or governmental rule or regulation now in force or which may hereafter be enacted or promulgated, or which is prohibited by the standard form of fire insurance policy. Lessee will not use or allow the Premises to be used for any improper, immoral, unlawful or objectionable purpose. Nor shall the Lessee cause, maintain or permit any nuisance in, or about the premises or commit or suffer to be committed any waste in or upon the Premises. Rev. 10/2019 Page 2 of 8 c. Lessee shall not cause or permit any Hazardous Material to be brought upon, kept or used in or about the Premises or the Building. 6. TAXES, UTILITIES, MAINTENANCE AND OTHER EXPENSES. It is understood and agreed that this Lease shall be an absolute net lease with respect to the Lessor, and that all taxes, assessments, insurance, utilities and other operating costs and the cost of all maintenance, repairs, and improvements, and all other direct costs, charges and expenses of any kind whatsoever respecting the leased Premises shall be borne by the Lessee and not by the Lessor so that the rental return to the Lessor shall not be reduced, offset or diminished directly or indirectly by any cost or charge. Lessee shall maintain the Premises in good repair and in tenable condition free of trash and debris during the term of this Lease. Lessor shall have the right to enter the Premises at any time for the purpose of making necessary inspections. 7. HOLD HARMLESS AND INSURANCE. The Lessee shall save, indemnify and hold harmless the Lessor for any liability for damage or loss to persons or property resulting from Lessee's occupancy or use of the Premises. 8. OWNERSHIP. As of the Date of Closing, the Lessor is the owner or the Premises. The undersigned warrants and represents himself to be the authorized agent of the Lessor for the purposes of granting this lease. 9. LEASE ASSIGNMENT. Lessee is authorized to allow Daniel Hernandez to sublease the Premises to continue the present use of the Premises as Raliberto’s Mexican Food restaurant. Otherwise, Lessee shall not assign this lease and shall not sublet the demised Premises without specific written permission of the Lessor and will not permit the use of said Premises to anyone, other than Lessee, its agents or employees, without the prior written consent of Lessor. 10. DAMAGE AND DESTRUCTION. In the event the leased Premises are rendered untenantable or unfit for Lessee's purposes by fire or other casualty, this Lease will immediately terminate and no rent shall accrue to Lessor from the date of such fire or casualty. In the event the leased Premises are damaged by fire or other casualty so that there is partial destruction of such Premises or such damage as to render the leased Premises partially untenantable or partially unfit for Lessee's purposes, either party may, within five (5) days of such occurrence, may terminate this lease by giving written notice to the other party. Such termination shall be effective not less than fifteen (15) days from the date of mailing of the notice. 11. NO VIOLATION OF LAW. The Lessee shall not commit, nor permit the commission of, any act or thing, which shall be a violation of any ordinance of the municipality, City, County, or of any law of the State of Colorado or the United States. The signatories hereto aver that they are familiar with 18-8-301, et seq., (Bribery and Corrupt Influences) and 18-8-401, et seq., (Abuse of Public Office), C.R.S., as amended, and that no violation of such provisions is present. The signatories aver that to their knowledge, no employee of the Lessor has any personal or beneficial interest whatsoever in the service or property described herein. 12. NOTICE. Any notice required or permitted by this lease may be delivered in person or by e-mail to the e-mail address provided below or sent by registered or certified mail, return receipt requested, to the party at the address as hereinafter provided, and if sent by mail it shall be effective when posted in the U.S. Mail Depository with sufficient postage attached thereto: LESSOR: LESSEE: City Manager & Edward E. Colson, III Public Works Director, Mark Westberg _______________________ City of Wheat Ridge _______________________ Rev. 10/2019 Page 3 of 8 7500 West 29th Avenue Wheat Ridge, CO 80033 mwestberg@ci.wheatridge.co.us edcolson@roadrunner.com pgoff@ci.wheatridge.co.us Notice of change of address shall be treated as any other notice. The Lessee warrants that the address listed above is the Lessee's current mailing address and that the Lessee will notify the Lessor in writing of any changes in that address within ten (10) days of such change. The Lessor may instead of delivering or sending the notice, post the notice on the leased premises. 13. NEW PERMANENT STRUCTURES OR IMPROVEMENTS. No new permanent structures or improvements of any kind shall be erected or moved upon the Premises by the Lessee without the express written permission of the Lessor. Any such structure or improvement erected or moved upon the Premises without the express written consent of the Lessor may be immediately removed by the Lessor at the expense of the Lessee. Further, any structures, improvements, or items of any kind remaining on the Premises at the termination of the lease will be considered abandoned by the Lessee and may be immediately removed by the Lessor at the Lessee’s expense. 14. HAZARDOUS MATERIALS. The Lessee agrees to defend, indemnify and hold harmless the Lessor and any employees, agents, contractors, and officials of the Lessor against any and all damages, claims, liability, loss, fines or expenses, including attorney's fees and litigation costs, related to the presence, disposal, release or clean-up of any contaminants, hazardous materials or pollutants on, over, under, from or affecting the Premises, which contaminants or hazardous materials the Lessee or its employees, agents, contractors or officials has caused to be located, disposed, or released on the Premises. The Lessee shall also be responsible for all damages, claims and liability to the soil, water, vegetation, buildings or personal property located thereon as well as any personal injury or property damage related to such contaminants or hazardous materials. 15. BINDING AGREEMENT. This Lease Agreement shall be binding upon and inure to the benefit of the partners, heirs, executors, administrators, and successors of the respective parties hereto. 16. DEFAULT. If Lessee shall fail to observe, keep or perform any of the other terms, agreements or conditions contained herein or in regulations to be observed or performed by Lessee and such default continues for a period of 30 days after notice by Lessor or beyond the time reasonably necessary for cure, if such default is of a nature to require in excess of 30 days to remedy, and/or this Lease or any interest of Lessee hereunder shall be levied upon by any attachment or execution, then any such event shall constitute an event of default by Lessee. Upon the occurrence of any event of default by Lessee hereunder, Lessor may, at its option and without any further notice or demand, in addition to any other rights and remedies given hereunder or by law, do any of the following: (a) Lessor shall have the right, so long as such default continues, to give notice of termination to Lessee. On the date specified in such notice (which shall not be less than 3 days after the giving of such notice) this Lease shall terminate. (b) In the event of any such termination of this Lease, Lessor may then or at any time thereafter, re-enter the premises and remove therefrom all persons and property and again repossess and enjoy the premises, without prejudice to any other remedies that Lessor may have by reason of Lessee's default or of such termination. (c) The amount of damages which Lessor may recover in event of such termination shall include, without limitation, all legal expenses and other related costs incurred by Lessor following Lessee's default Rev. 10/2019 Page 4 of 8 including reasonable attorneys' fees incurred in collecting any amount owed hereunder and any damages to the Building beyond its present condition. (d) Following the termination of this Lease or Lessee's right to possession hereunder (or upon Lessee's failure to remove its personal property from the premises after the expiration of the term of this Lease), Lessor may remove any and all personal property located in the Premises and place such property in a public or private warehouse or elsewhere at the sole cost and expense of the Lessee; such warehouser shall have all rights and remedies provided by law against Lessee as the owner of such property. In addition, in the event that Lessee shall not immediately pay the cost of storage of such property after the same has been stored for a period of 30 days or more, Lessor may sell any or all thereof at a public or private sale in such manner and at such times and places as Lessor in its sole discretion may deem proper, without notice to or demand upon Lessee. Lessee waives all claims for damages that may be caused by Lessor's removing or storing or selling the property as herein provided, and Lessee will indemnify and hold Lessor free and harmless for, from and against any and all losses, costs and damages, including without limitation all costs of court and attorneys' fees of Lessor occasioned thereby. Lessee hereby irrevocably appoints Lessor as Lessee's attorney-in-fact with the rights and powers necessary in order to effectuate the provisions of this subparagraph (d). Such appointment shall be deemed coupled with an interest. (e) If Lessee abandons the premises, Lessor may permanently change the locks and Lessee shall not be entitled to a key or re-entry. (f) This Lease is entered into at a closing on Lessor’s acquisition of the Premises from Lessee. Lessor will provide to Lessee a 30 day notice to vacate at that closing, as required by the federal Uniform Relocation Assistance and Real Property Acquisition Policies Act. None of the remedies described in this paragraph 16 can be exercised within the 30 day notice to vacate time frame. If Lessee does not default on this Lease, Lessee will be allowed to stay in occupancy for the term of this Lease, which extends beyond the 30 day notice to vacate time frame. 17. COMPLETE AGREEMENT. This Lease, including all exhibits, supersedes any and all prior written or oral agreements and there are no covenants, conditions or agreements between the parties except as set forth herein. No prior or contemporaneous addition, deletion, or other amendment hereto shall have any force or affect whatsoever unless embodied herein in writing. No subsequent novation, renewal, addition, deletion or other amendment hereto shall have any force or effect unless embodied in a written contract executed by the Parties. 18. CAPTIONS, CONSTRUCTION, AND LEASE EFFECT. The captions and headings used in this Lease are for identification only, and shall be disregarded in any construction of the Lease provisions. All of the terms of this Lease shall inure to the benefit of and be binding upon the respective heirs, successors, and assigns of both the Lessor and the Lessee. If any provision of this Lease shall be determined to be invalid, illegal, or without force by a court of law or rendered so by legislative act then the remaining provisions of this Lease shall remain in full force and effect. 19. APPLICABLE LAW. The laws of the State of Colorado and rules and regulations issued pursuant thereto shall be applied in the interpretation, execution and enforcement of this Lease. Any provision of this lease, whether or not incorporated herein by reference, which provides for arbitration by any extra-judicial body or person or which is otherwise in conflict with said laws, rules and regulations shall be considered null and void. Nothing contained in any provision incorporated herein by reference which purports to negate this or any other special provision in whole or in part shall be valid or enforceable or available in any action at law whether by way of compliant, defense or otherwise. Any provision rendered null and void by the operation of this provision will not invalidate the remainder of this Lease to the extent that this agreement is capable of execution. Rev. 10/2019 Page 5 of 8 20. LIMITED LIABILITY COMPANY AUTHORITY. If Lessee signs as a limited liability company, each of the persons executing this Lease on behalf of the Lessee does hereby covenant and warrant that Lessee is a duly authorized and existing limited liability company, that Lessee is qualified to do business in the State of Colorado, that the limited liability company has full right and authority to enter into this Lease, and that each person signing on behalf of the limited liability company is authorized to do so. 21. LIABILITY EXPOSURE. The parties hereto understand and agree that liability for claims for injuries to persons or property arising out of the negligence of the Lessor, its departments, institutions, agencies, boards, officials and employees is controlled and limited by the provisions of 24-10-101, et seq., C.R.S. (Colo. Govt. Immunity Act). Any provision of this Lease, whether or not incorporated herein by reference, shall be controlled, limited and otherwise modified so as to limit any liability of the Lessor to the above-cited laws. 22. INSURANCE: (a) The Lessee shall obtain and maintain, at all times during the duration of this Lease, insurance in the kinds and amounts detailed below. The Lessee shall require any Contractor working for them on the Premises to obtain like coverage. The following insurance requirements must be in effect during the entire term of the Lease. Lessee shall, at its sole cost and expense, obtain insurance on its inventory, equipment and all other personal property located on the Premises against loss resulting from fire, theft or other casualty. (b) Workers’ Compensation Insurance as required by state statute, and Employer’s Liability Insurance covering all employees acting within the course and scope of their employment and work on the activities authorized by this Lease in Paragraph 5. (c) Commercial General Liability Insurance written on ISO occurrence form CG 00 01 10/93 or equivalent, covering Premises operations, fire damage, independent Consultants, blanket contractual liability, personal injury, and advertising liability with minimum limits as follows: 1. $1,000,000 each occurrence; 2. $2,000,000 general aggregate; 3. $50,000 any one fire. If any aggregate limit is reduced below $2,000,000 because of claims made or paid, the Lessee, or as applicable, its Contractor, shall immediately obtain additional insurance to restore the full aggregate limit and furnish to the Lessor a certificate or other document satisfactory to the Lessor showing compliance with this provision. (d) If any operations are anticipated that might in any way result in the creation of a pollution exposure, Lessee shall also provide Pollution Legal Liability Insurance with minimum limits of liability of $1,000,000 Each Claim and $1,000,000 Annual Aggregate. The Lessor shall be named as an Additional Insured to the Pollution Legal Liability policy. The Policy shall be written on a Claims Made form, with an extended reporting period of at least two year following finalization of the Lease. (e) Umbrella or Excess Liability Insurance with minimum limits of $1,000,000. This policy shall become primary (drop down) in the event the primary Liability Policy limits are impaired or exhausted. The Policy shall be written on an Occurrence form and shall be following form of the primary. The following form Excess Liability shall include the Lessor as an Additional Insured. (f) The Lessor shall be named as Additional Insured on the Commercial General Liability Insurance policy. Coverage required by the Lease will be primary over any insurance or self-insurance program carried by the City of Wheat Ridge. Rev. 10/2019 Page 6 of 8 (g) All insurance required by this Lease Agreement shall include provisions preventing cancellation or non-renewal without at least 30 days prior notice to the Lessor by certified mail to the address contained in this document. (h) The insurance policies related to the Lease shall include clauses stating that each carrier will waive all rights of recovery, under subrogation or otherwise, against, its agencies, institutions, organizations, officers, agents, employees and volunteers. (i) All policies evidencing the insurance coverage required hereunder shall be issued by insurance companies satisfactory to the Lessor. (j) In order for this lease to be executed, the Lessee, or as applicable, their Contractor, shall provide certificates showing insurance coverage required by this Lease to the Lessor prior to the execution of this lease. No later than 30 days prior to the expiration date of any such coverage, the Lessee or Contractor shall deliver to the Notice Address of the Lessor certificates of insurance evidencing renewals thereof. At any time during the term of this Lease, the Lessor may request in writing, and the Lessee or Contractor shall thereupon within 10 days supply to the Lessor, evidence satisfactory to the Lessor of compliance with the provisions of this section. Insurance coverage must be in effect or this lease is in default. (k) If the Lessee engages a Contractor to act independently from the Lessee on the Premises, that Contractor shall be required to provide an endorsement naming the City of Wheat Ridge as an Additional Insured on their Commercial General Liability, and Umbrella or Excess Liability policies. 23. HOLDOVER OPTION. (a) Lessor may allow Lessee to continue to sublease the Premises to Daniel Hernandez and to continue the present use of the Premises as Raliberto’s Mexican Food restaurant (Sublessee) after September 30, 2020, the expiration of the lease term. The decision to allow the option for the holdover is within the sole discretion of the Lessor. (b) If Lessor elects to allow the option for holdover, Lessor will provide the representative of Lessee indicated in paragraph 12 above with written notice of the decision. And such notice must be provided prior to September 30, 2020. (c) If Lessor elects to allow the option for holdover, all of the terms and conditions of this Lease Agreement shall remain in effect until the termination of the holdover option, and to the extent that the terms and conditions contained in this paragraph 23 conflict with the other terms and conditions of this Lease Agreement, the terms and conditions contained in this paragraph 23 shall prevail. (d) If Lessor elects to allow the option for holdover, at any time after September 30, 2020, the Lessor can terminate the holdover option for any reason, thereby terminating the Lease Agreement and all of the Lessor’s and Sublessee’s right(s), in law or equity, to the continued use or occupancy of the Premises. To terminate the holdover option, Lessor will provide the representative of Lessee indicated in paragraph 12 above with written notice of such termination. Lessee and its Sublessee shall vacate the Premises within fifteen (15) days of the date the Lessor provides Lessee notice of termination of the holdover option. (e) After fifteen (15) days of the date the Lessor provides Lessee notice of termination of the holdover option, Lessor may then, or at any time thereafter, re-enter the Premises, permanently change the locks and neither Lessee nor Sublessee shall be entitled to a key to or re-entry into the Premises, and Lessor may remove therefrom all persons and property and, again, repossess and enjoy the Premises, without prejudice to any other remedies that Lessor may have. Rev. 10/2019 Page 7 of 8 (f) If Lessor or its Sublessee do not voluntarily vacate the premises after fifteen (15) days of the date the Lessor provides Lessee notice of termination of the holdover option, and Lessor initiates any legal action to remove the Lessor and its Sublessee from the Premises, Lessor shall be entitled to recover from the Lessee all legal expenses and other related costs incurred by Lessor, associated with the removal of the Lessee or Sublessee from the Premises. (g) After fifteen (15) days of the date the Lessor provides Lessee notice of termination of the holdover option, or at any time thereafter, if Lessor or its Sublessee do not voluntarily vacate the premises, Lessor may remove any and all personal property located in the Premises and place such property in a public or private warehouse or elsewhere at the sole cost and expense of the Lessee; such warehouser shall have all rights and remedies provided by law against Lessee as the owner of such property. In addition, in the event that Lessee shall not immediately pay the cost of storage of such property, after the same has been stored for a period of 30 days or more, Lessor may sell any or all thereof at a public or private sale in such manner and at such times and places as Lessor in its sole discretion may deem proper, without notice to or demand upon Lessee. Lessee waives all claims for damages that may be caused by Lessor's removing or storing or selling the property as herein provided, and Lessee will indemnify and hold Lessor free and harmless for, from and against any and all losses, costs and damages, including without limitation all costs of court and attorneys' fees of Lessor occasioned thereby. Lessee hereby irrevocably appoints Lessor as Lessee's attorney-in-fact with the rights and powers necessary in order to effectuate the provisions of this subparagraph (g). Such appointment shall be deemed coupled with an interest. WITNESS WHEREOF, the parties hereto have executed this lease agreement on the day and year first above written. LESSEE: Edward E. Colson, III Trust dated January 12, 1995 and Karen Jeanne Colson and Dennis R. Sciotto and Carol Ann Sciotto Community Property Trust Agreement dated January 9, 2002 and Greg Ronald Velazquez and Cynthia Lee Velasquez By____________________________________ Attest (Name) Title___________________________________ STATE OF COLORADO ) ) ss COUNTY OF ) The foregoing instrument was subscribed and sworn to before me this day of , 20__ by . Witness my hand and official seal. My commission expires . Notary Public Rev. 10/2019 Page 8 of 8 Address ______________________________________ LESSOR: ATTEST: CITY OF WHEAT RIDGE __________________________ By____________________________________ STATE OF COLORADO ) ) ss COUNTY OF ) The foregoing instrument was subscribed and sworn to before me this day of , 20__ by . Witness my hand and official seal. My commission expires . Notary Public Address ______________________________________ ______________________________________