HomeMy WebLinkAboutStudy Session Agenda Packet 07-18-16STUDY SESSION AGENDA
CITY COUNCIL
CITY OF WHEAT RIDGE, COLORADO
7500 W. 29th Ave.
Wheat Ridge CO
July 18. 2016
6:30 p.m.
Individuals with disabilities are encouraged to participate in all public meetings
sponsored by the City of Wheat Ridge. Call Carly Lorentz, Assistant to the City
Manager at 303-235-2867at least one week in advance of a meeting if you are
interested in participating and need inclusion assistance.
Citizen Comment on Agenda Items
.1. Staff Report(s)
_g Amendment to Ordinance for Pawn Shops and Secondhand
Dealers
Q 2016 Justice Assistance Grant
2. Clear Creek Crossing Update
3. Residential Development Standards
4. Residential Occupancy Limits
5. Elected Officials' Reports
ADJOURNMENT
"~ ' , ... ~ City of .. ~Wheat&_dge
_J¥p"OLICE DEPARTMENT
TO:
THROUGH:
.FROM:
DATE:
SUBJECT:
ISSUE:
Memorandum
Mayor Jay and City Council~
Patrick Goff, City Manager .'u{)
Daniel Brennan, Chief of Police
Mark Cooney, Commander, Support Services Divi sion
July 18, 2016
Staff Report -Amendment to Ordinance fo r Pawn Shops and Secondhand
Dealers
ln 2015, the detective bureau assigned I ,84 I felony crimes for follow-up investigation. Out of
those 1,274 (70%) were property crimes. Of those, 874 (68%) had property stolen that could be
sold to pawn shops or secondhand dealers. The current method for tracking that property and
capturing photographs of the seller has been somewhat inefficient and has led to difficulties in
getting property returned to the rightful owners and prosecuting the criminals who stole it.
Several municipalities throughout the Denver metropolitan area have made changes to their
ordinances pertaining to pawn shops and secondhand dealers as a result of technological
advances and the need for additional documentation to successfull y prosecute criminal cases
regarding the sale of stolen property.
In 2006, the state of Colorado passed legislation to more closely aHgn the requirements for
secondhand dealers and pawn shops. Wheat Ridge has not yet aligned the secondhand property
requirements with pawn regulations. ln addition to this alignment, staff would like to consider
requiring businesses that engage in taking in certain items be required to assist in the
computerized tracking of those items and in obtaining a photograph and identification
information from the person selling the item for investigative purposes.
Pawn shops currentl y utilize computerized tracking and videotaping; however, the photographs
have not been of the quality necessary for fo llow-up investigation. Secondhand dealers have not
used the computerized tracking method and have completed paper copies of transactions. The
searching of the paper copies for stolen property has proven to be cumbersome and ineffective in
tenns of property recovery. Staff worked with the City Attorney on amending these ordinances,
based on best practices and technological advances.
Staff Report-Pawn Ordinance
July 18, 2016
Page 2
PRIOR ACTION:
ln 1994, City Council approved an ordinance wrucb set forth requirements for pawn brokers. ln
1996, the ordinance was amended to clarify identification information required on pawn
paperwork to include date of birth, signature and fingerprint. In 1997, Council passed an
ordinance which included a transaction fee to assist in covering staff costs for tracking pawned
property. In 2000, the ordinance was amended to include the type of identification required to
retrieve pawned items. In 2010, the ordinance was amended to include a requirement for
videotaping transactions.
FlNANCIAL IMPACT:
There is no direct financial impact to the Ci ty for this proposal~ however, it will save time for
detectives and professional staff responsible for these investigations. Leads Online is the current
database that the Wheat Ridge Police Department (WRPO) uses to track and query pawned/sold
secondhand goods. Staff recommends businesses utilize the internet to access Leads Online and
enter their transactions. Leads Online does not charge pawnshops or secondhand dealers any type
of a fee. The only fee Leads Online collects is from the end user, usually the law enforcement
agencies who are seeking the information. WRPD currently pays $3,700 for the system. There
is no anticipated change to that fee with this change in usage. Leads Online is a proven resource
in the identification and recovery of stolen property.
BACKGROUND:
Article Vil of Chapter 11. of the Wheat Ridge Code of Laws was originally adopted in 1994 and
set forth requirements for pawn brokers. The City has required pawnbrokers to obtain
identification from customers when taking in valuable articles. The requirements were
consistent with the information necessary to prosecute a person who was attempting to sell stolen
property under Colorado Revised Statutes 12-56-104 and 18-13-114. Forms were provided to
the pawn shops for these purposes. Requested information included serial numbers on the items,
as well as identifying information for the seller. Thjs allowed the police department to determine
if the property was stolen. An additional requirement of a fingerprint was added approximately
ten years ago. In 2006, the state set requirements for secondhand dealers that mandated similar
transaction records. Wheat Ridge provided forms for secondhand dealers to comply with these
requirements. Current technology accomplishes the same objectives more efficiently and allows
for greater likelihood that stolen property will be recovered and the seller prosecuted.
Some of the issues that have recently made filing of these cases difficult include the poor quality
of fingerprints obtained on pawn slips that when evaluated by the crime lab are unidentifiable.
ln addressing these issues. local municipalities including the City of Lakewood, City of
Englewood and the City of Thornton now require pawn shops and secondhand dealers operating
within their jurisdictions to capture a digital image of anyone selling or pawning property, and
require them to participate in an online reporting service.
Leads Online supports thousands of law enforcement agencies and businesses across the country.
It provides a tool for businesses and investigators to locate stolen property and return to its
rightful owner.
Staff Report-Pawn Ordinance
July 18, 2016
Page3
Wheat Ridge detectives ha ve successfully used Leads Online to assist with tJ1e recovery of stolen
property from pawn shops, but recovery has been slower and more cumbersome than in other
agencies because administrative personnel must manually enter or verify infonnation obtained
from pawn slips and secondhand property records.
ln July 2015, detectives invited pawn shops and secondhand dealers to a public meeting to
discuss the proposed amendments to the code. Those businesses that did not attend were visited
individually. lt was estimated that seven businesses in the City would be affected. The
businesses supported the proposed changes and did not express hardships. Pawnshops that also
operate outside of Wheat Ridge stated that it would make things easier as other jurisdictions
already require these procedures.
In April 2016, businesses were again contacted and updated on the proposed changes. Twelve
businesses were visited. The majority of the businesses contacted understood the issues and
were supportive of the changes.
EZ Pawn is reluctant to change their current camera system. Staff met with them and asked them
to change to a system similar to the one they use in Lakewood. They were supportive of the
Leads Online portion.
Action Recycling is covered under Colorado Commodity Metals Regulations. They make a copy
of the driver's license of the person selling the metal and keep a computerized log at their
business. They also participate in a state-mandated task force designed to curb metal theft.
WRPD has decided to exempt them from this ordinance.
Cash and Collectibles have previously petitioned the City to change their zoning to become a
pawn shop. This zoning is not recommended. They are in opposition to this proposal as they feel
that they should be allowed to operate as a pawn shop.
RECOMMENDATIONS:
In order to assist in the criminal prosecution of individuals who pawn/sell stolen merchandise
staff is proposing that City Council approve the following amendments to Article VIl, Chapter
11 of the Wheat Ridge Code of Laws.
• Add the definition: "Secondhand Dealer -A person engaged in the business of buying
and selling or reselling secondhand goods or precious or semiprecious metals or stones.
A secondhand dealer does not include: antique dealers; coin collectors or coin shops
engaged exclusively in the purchase and sale of coins and bullion; businesses engaged
primarily in the purchase and sale of firearms and firearms-related merchandise; flea
market vendors and operators; used furniture dealers; persons conducting legally-licensed
garage sales; and secondhand and thrift stores operated by charitable or nonprofit
organizations; or commodity metal dealers subject to C.R.S 18-13-111 , as existing or
hereafter amended." This definition is not currently present in the existing ordinance.
Staff Report-Pawn Ordinance
July 18, 2016
Page4
• Require all pawnshops and secondhand dealers to maintain a computer system with
internet access capability. Pawnbrokers and secondhand dealers shall maintain a
subscription to an online reporting service of the police department's choosing. The
pawnbroker/secondhand dealer shall upload all infonnation from the pawnbroker's books
and records regarding contracts fo r purchase, pledges and purchase transactions to the
online report service and insure the police department has access to the data, on a daily
bas.is, during the tem1 of the pawnbroker's and secondhand dealer's license. This would
ensure consistency for all pawnshops and secondhand deaJers in Wheat Ridge and would
bring shops into alignment with others in the metro area to include those operating in the
cities of Lakewood, Englewood and Thornton.
• Require all pawnshops and secondhand dealers to capture a digital photograph of persons
pawning/selling property and save to a database of the police department's choosing.
Other cities, including Lakewood, Thornton and Englewood currently have this
requirement. This requirement can be of great aid to an investigation when a fingerprint
on a pawn slip or photograph taken from an overhead location is of poor quality or when
immediate positive identification of a pawner/seller would aid in obtaining search
warrants for stolen property.
• Require all pawnshops and secondhand dealers to refrain from removing/deleting any
digital data that may be stored on an electroni c device for 30 days. This requirement
would aid in identifying the personal property of victims in cases where serial numbers
are not available. Additionally, it is appropriate that victims have a chance of recovering
stolen property intact, and this change to the ordinance would help that happen.
• Change the title of Article VII, Chapter 11 of the City of Wheat Ridge Code of Laws
from ·'Pawnbrokers·• to "Pawnbrokers and Secondhand Dealers." This w ill be a more
accurate description of who the ordinance applies to.
ATTACHMENTS:
I. Draft of ordinance amending Article Vll Chapter 11 of the Wheat Ridge Code of Laws.
MC/llm
CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER------
COUNCIL BILL NO.-----
ORDINANCE NO. -----Series of 2016
TITLE: AN ORDINANCE AMENDING THE WHEAT RIDGE CODE OF
LAWS REGARDING PAWNBROKER IDENTIFICATION AND
DOCUMENTATION REQUIREMENTS AND ESTABLISHING
SECONDHAND DEALER REQUIREMENTS
WHEREAS, the City of Wheat Ridge, Colorado, acting through its City Council,
possesses the authority to enact ordinances for the protection of the public health,
safety and welfare and for the regulation of businesses within the City; and
WHEREAS, pursuant to the City's home rule authority and C.R.S. §§ 31-15-401
and 31-15-501, the Council previously adopted regulations governing pawnbrokers,
codified as Article VII of Chapter 11 of the Wheat Ridge Code of Laws; and
WHEREAS, said regulations are designed to deter and detect the use of
pawnbroker businesses to traffic stolen property and instrumentalities of crime; and
WHEREAS, the Council finds and determines that business enterprises known
as secondhand dealers face a risk similar to that faced by pawnbrokers of having their
legitimate business enterprise used as a tool to traffic stolen property or otherwise
conceal criminal activity; and
WHEREAS, in the interest of deterring and detecting criminal activity conducted
in association with secondhand dealers, the Council finds that it is necessary and
appropriate to impose certain transaction and reporting requirements upon secondhand
dealers that are similar to those imposed upon pawnbrokers; and
WHEREAS, as technology has advanced and made information-sharing
between and among law enforcement agencies more available and immediate, the
Council finds that it would serve the public safety and welfare to update the existing
reporting requirements in Article VII of Chapter 11 to require digital photographs and
the uploading of information to an internet database, as further set forth herein.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WHEAT RIDGE, COLORADO:
Section 1. The title of Article VII of Chapter 11 of the Wheat Ridge Code of
Laws is hereby amended to read in its entirety as follows:
ARTICLE VII. -PAWNBROKERS AND SECONDHAND
DEALERS
Section 2. Section 11-170 of the Wheat Ridge Code of Laws, concerning
definitions applicable to Article VII of Chapter 11 thereof, is hereby amended by
Attachment 1
the addition of the following new definitions, to be inserted within said Section 11-
170 in alphabetical order:
ANTIQUE DEALERS: A PERSON ENGAGED EXCLUSIVELY IN
THE BUSINESS OR OCCUPATION OF BUYING, SELLING,
BARTERING, OR EXCHANGING ANY PAINTING, FURNITURE, CHINA,
OR OTHER ARTICLE PAINTED OR MADE MORE THAN FIFTY (50)
YEARS PRIOR TO THE DATE OF THE TRANSACTION, WHICH IS
VALUABLE PRIMARILY BY REASONS OF AGE, SCARCITY OR THE
SKILL AND CRAFTSMANSHIP OF THE ARTICLE AND ARTISAN .
ANTIQUES MAY INCLUDE ARTICLES MADE OF GOLD, SILVER OR
OTHER PRECIOUS METALS, SO LONG AS SUCH ARTICLES MEET
THE OTHER REQUIREMENTS SET FORTH IN THIS DEFINITION.
FLEA MARKET: AN AREA WHICH IS CHARACTERIZED BY THE
TEMPORARY OR PERMANENT OCCUPANCY BY SEVERAL
INDIVIDUALS, GROUPS AND/OR FAMILIES FOR THE SALE OR
BARTER OF SECONDHAND OR HANDCRAFTED ARTICLES.
ON-LINE REPORTING SERVICE: THE ON-LINE REPORTING
SERVICE AND DATABASE DESIGNATED FROM TIME TO TIME BY
THE POLICE DEPARTMENT, THE USE OF WHICH MUST BE
AVAILABLE TO PAWNBROKERS AND SECONDHAND DEALERS AT
NO COST.
SECONDHAND GOODS: INCLUDES ANY TANGIBLE
PERSONAL PROPERTY NOT SOLD AS NEW AND NORMALLY
HAVING BEEN USED BY ONE (1) OR MORE INTERMEDIARIES.
SECONDHAND GOODS DOES NOT INCLUDE ITEMS THAT WERE
SOLD AS NEW AND RETURNED BY THE CUSTOMER FOR
EXCHANGE OR REFUND. SECONDHAND GOODS INCLUDES BUT IS
NOT LIMITED TO TOOLS AND ELECTRONIC DEVICES.
SECONDHAND GOODS DOES NOT INCLUDE RECONDITIONED
PROPERTY PURCHASED FROM A WHOLESALER, USED MOTOR
VEHICLES OR JUNK, AS DEFINED BY SECTION 26-123 OF THIS
CODE.
SECONDHAND DEALER: A PERSON ENGAGED IN THE
BUSINESS OF BUYING AND SELLING OR RESELLING SECONDHAND
GOODS OR PRECIOUS OR SEMIPRECIOUS METALS OR STONES. A
SECONDHAND DEALER DOES NOT INCLUDE: ANTIQUE DEALERS;
COIN COLLECTORS OR COIN SHOPS ENGAGED EXCLUSIVELY IN
THE PURCHASE AND SALE OF COINS AND BULLION; BUSINESSES
ENGAGED PRIMARILY IN THE PURCHASE AND SALE OF FIREARMS
AND FIREARMS-RELATED MERCHANDISE; FLEA MARKET VENDORS
AND OPERATORS; USED FURNITURE DEALERS; PERSONS
CONDUCTING LEGALLY-LICENSED GARAGE SALES ; AND
SECONDHAND AND THRIFT STORES OPERATED BY CHARITABLE
OR NONPROFIT ORGANIZATIONS; OR COMMODITY METAL
DEALERS SUBJECT TO C. R. S. 18-13-111 , AS EXISTING OR
HEREAFTER AMENDED.
PRECIOUS OR SEMIPRECIOUS METALS OR STONES: SUCH
METALS AS, BUT NOT LIMITED TO, GOLD, SILVER, PLATINUM NAO
PEWTER, AND SUCH STONES AS, BUT NOT LIMITED TO,
ALEXANDRITE, DIAMONDS, EMERALDS, GARNETS, OPALS, RUBIES,
SAPPHIRES, AND TOPAZ. FOR PURPOSES OF THIS ARTICLE,
IVORY, CORAL, PEARLS. JADE AND OTHER SUCH MINERALS,
STONES OR GEMS AS ARE CUSTOMARILY REGARDED AS
PRECIOUS OR SEMIPRECIOUS ARE DEEMED TO BE PRECIOUS OR
SEMIPRECIOUS STONES.
Section 3. Section 11-170 of the Wheat Ridge Code of Laws, concerning
definitions applicable to Article VII of Chapter 11 thereof, is hereby amended by
amending the definition of "purchase transaction" set forth thereunder as follows:
Purchase transaction: The purchase by a pawnbroker OR SECONDHAND
DEALER in the course of business of tangible personal property for resale, other
than newly manufactured tangible personal property which has not previously
been sold at retail, when such purchase does not constitute a contract for
purchase.
Section 4. Section 11 -171 of the Wheat Ridge Code of Laws, concerning
compliance with Article VII of Chapter 11 , is hereby amended as follows:
Sec. 11-171. -Compliance; license required.
It is unlawful for any person to engage in the business of pawnbroking except
as provided in and authorized by this article and without first having obtained an
annually renewable and nontransferable pawnbroker's license issued by the city.
IT IS UNLAWFUL FOR A SECONDHAND DEALER TO FAIL TO COMPLY WITH
ALL APPLICABLE REQUIREMENTS OF THIS ARTICLE. A SECONDHAND
DEALER IS NOT REQUIRED TO OBTAIN A LICENSE PURSUANT TO THIS
ARTI CLE.
Section 5. Section 11-183 of the Wheat Ridge Code of Laws, concerning
required acts of pawnbrokers, is hereby amended as follows:
Sec. 11-183. Required acts of pawnbrokers AND SECONDHAND DEALERS.
(a) Register, required information; declaration of ownership or power to sell.
Every pawnbroker AND SECONDHAND DEALER shall keep a numerical register
in which shall be recorded the following information: the name, address and date
of birth of the customer; the customer's driver's license number or other
identification which is allowed for sale of valuable articles pursuant to C.R.S., §
18-6-103, or for the sale of secondhand property pursuant to C.R.S., § 18-13-
114; the date, time and place of the contract for purchase or purchase
transaction; and an accurate and detailed account and description of each item
of tangible personal property, including, but not limited to, any and all
trademarks, identification numbers, serial numbers, model numbers, brand
names, owner's identification numbers and other identifying marks on such
property. The pawnbroker OR SECONDHAND DEALER shall also obtain a
written declaration of the customer's ownership, which shall state whether the
tangible personal property is totally owned by the customer or shall have
attached to such declaration a power of sale from the partial owner to the
customer, how long the customer has owned the property, whether the customer
or someone else found the property, and , if the property was found, the details of
the finding.
(b) Recording of purchase. If the contract for purchase or the purchase
transaction involves more than one item, each item shall be recorded on the
pmvnbroker's register and on the customer's declaration of ownership.
(c) Signature of customer. The customer shall sign his or her name in such
register and on the declaration of ownership and receive a copy of the contract of
purchase or a receipt of the purchase transaction. The declaration of ownership
(customer signature) must appear on each page of the contract.
(D) DIGITAL PHOTOGRAPH OF CUSTOMER: FOR EACH CONTRACT FOR
PURCHASE OR PURCHASE TRANSACTION, THE PAWNBROKER OR
SECONDHAND DEALER SHALL CAPTURE A DIGITAL PHOTOGRAPH THAT
PROVIDES A CLEAR AND UNOBSTRUCTED VIEW OF THE SELLER'S FACE.
(E) UPLOADING INFORMATION: EACH PAWNBROKER AND SECONDHAND
DEALER SHALL UPLOAD ALL INFORMATION CONTAINED IN THE
REGISTER REQUIRED BY SUBSECTIONS (A) THROUGH (C) HEREOF, AS
WELL AS THE DIGITAL PHOTOGRAPH REQUIRED BY SUBSECTION (D)
HEREOF, TO THE ON-LINE REPORTING SERVICE FOR EACH CONTRACT
FOR PURCHASE AND PURCHASE TRANSACTION INVOLVING AN ITEM
PURCHASED FOR THIRTY DOLLARS ($30.00) OR MORE, NO LATER THAN
THE CLOSE OF BUSINESS OF THE BUSINESS DAY DURING WHICH THE
CONTRACT WAS ENTERED INTO OR THE PURCHASE TRANSACTION
OCCURRED.
(e F) Inspection of register by law enforcement agencies. The register shall be
made available to any local law enforcement agency for inspection upon request
at any reasonable time.
(e G) Preservation of registers. Every pawnbroker AND SECONDHAND
DEALER shall keep each register for at least three (3) years after the date of the
last transaction entered in the register.
(f H) Disposition of goods upon maturity of contract for purchase. Every
pawnbroker shall hold all goods obtained pursuant to a contract for purchase
within his or her jurisdiction for a period of ten (10) days following the maturity
date of the contract for purchase, during which time such goods shall be held
separate and apart from any other tangible personal property, shall not be
displayed to the public and shall not be changed in form or altered in any way.
(g I) Disposition of purchased property. Every pawnbroker AND SECONDHAND
DEALER shall hold all property purchased by him or her through a purchase
transaction for thirty (30) days following the date of purchase, during which time
such property shall be held separate and apart from any other tangible personal
property, shall not be displayed to the public and shall not be changed in form or
altered in any way.
(A J) Provision of records to law enforcement. Every pawnbroker AND
SECONDHAND DEALER shall provide the police department, on a weekly basis,
with a record of all tangible personal property accepted during the preceding
week, including the customer's declaration of ownership. Such records shall be
submitted in electronic form, or such other form and number as approved from
time to time by the police department, and shall contain the same information
required to be recorded in the pawnbroker's register pursuant to subsection (a) of
this section. The pawnbroker shall obtain the right index fingerprint from the
customer and affix it to a box provided for that purpose on the form. The police
department shall designate the day of the week on which the records and
declarations shall be submitted.
(~ K) Provision for safekeeping. Every pawnbroker AND SECONDHAND
DEALER shall provide a safe place for keeping the tangible personal property of
the customers.
(j L) Firearms. Every pawnbroker AND SECONDHAND DEALER shall clear,
through the police department, prior to release, all firearms, other than those
which are newly manufactured and which have not been previously sold at retail.
0~ M) Videotaping of transactions. Every pawnbroker AND SECONDHAND
DEALER shall videotape all transactions, including those which do not result in a
contract for purchase or purchase transaction. The videotape shall be in a format
approved by the police department and of such quality that it visibly displays the
item(s) and an identifiable frontal image of the customer. Any such videotapes
shall be kept by the pawnbroker OR SECONDHAND DEALER for a minimum of
ninety (90) days and shall be subject to police review. If the videotape contains
photographic evidence, as determined by the police department, it shall be kept
by the pawnbroker OR SECONDHAND DEALER for one hundred eighty (180)
days.
O N) Fee for transaction forms. Every pawnbroker AND SECONDHAND
DEALER shall pay to the city a fee for every transaction form. This fee shall be
determined by the city and set by resolution.
(m 0) Redemption of property. The redemption of pawned property may be
made only by the person who originally pawned the property. Every pawnbroker
shall ensure that the property is released only to the original pawner. Every
pawnbroker shall verify the pawner's identity upon redemption of the contract for
purchase, via acceptable identification.
(fl P) Preservation of records and provision of reports. Every pawnbroker AND
SECONDHAND DEALER shall, at his or her expense, keep records or provide
reports in such manner and by such methods as may be determined from time to
time by the police department. The pawnbroker OR SECONDHAND DEALER
shall provide the police department with a list of employees, their dates of birth
and their employee identification numbers.
Section 6. Section 11-184 of the Wheat Ridge Code of Laws, concerning
identification required for a contract for purchase or purchase transaction, is
hereby amended as follows:
Sec. 11-184. Identification acceptable.
(a) No licensee PAWNBROKER OR SECONDHAND DEALER nor any
principal, employee, agent or servant of such PAWNBROKER OR
SECONDHAND DEALER licensee shall engage in a purchase transaction
or shall enter into a contract for purchase transaction with any customer
without securing one of the following kinds of then-current and valid
identification:
(1) A Colorado's driver's license;
(2) Identification card issued in accordance with C.R.S., § 42-2-402,
which is an identification card issued by the State of Colorado;
(3) A valid driver's license containing a picture, issued by another
state;
(4) A military identification card;
(5) A valid passport;
(6) An alien registration card; or
(7) A nonpicture identification document issued by a state or federal
government entity.
(b) A right index fingerprint is required on all transactions and must be
affixed to the form in accordance with the requirements of section 11-
183(R J) above.
Section 7. Section 11-186 of the Wheat Ridge Code of Laws, concerning
prohibited acts of pawnbrokers, is hereby amended as follows:
Sec. 11-186. Prohibited acts of pawnbrokers AND SECONDHAND
DEALERS in the course of doing business.
(a) Age limitation; sobriety. No pawnbroker OR SECONDHAND
DEALER, OR employee or agent THEREof the pawnbroker, shall enter
into a contract for purchase or purchase transaction with any person
under the age of eighteen (18) years or with any person under the
influence of alcoholic beverages or drugs.
(b) Dealing with thieves. No pawnbroker OR SECONDHAND
DEALER, OR employee or agent THEREof the pa ... mbrokor, shall enter
into a contract for the purchase or purchase transaction with any
person known to that employee or agent to be a thief or to have been
convicted of larceny or burglary without first notifying the police
department. Such notice shall not be deemed as authorization by the
city for the pawnbroker to enter into any contract with such person.
(c) Multiple obligations. With respect to a contract for purchase, no
pawnbroker, employee or agent of a pawnbroker may permit any
customer to become obligated on the same day in any way under more
than one contract for purchase agreement with the pawnbroker which
would result in the pawnbroker obtaining a greater amount of money
than would be permitted if pawnbroker and customer had entered into
only one contract for purchase covering the same tangible personal
property.
(d) Violation of contract for purchase by pawnbroker. No pawnbroker,
employee or agent of a pawnbroker shall violate the terms of the
contract for purchase.
( e) Accepting property with obscured identification marks. No
pawnbroker OR SECONDHAND DEALER. OR employee or agent
THEREof, a pawnbroker shall enter into a contract for purchase or
purchase transaction for any tangible personal property wherein the
identification number, serial number, model number, brand name,
owner's identification number or other identifying marks on such
property have been totally or partiall y obscured.
(f) Accepting tangible property for contract for purchase or purchase
transaction. No pawnbroker OR SECONDHAND DEALER, OR
employee or agent THEREof, a pawnbroker shall enter into a contract
for purchase or a purchase transaction when the property which is the
subject of the contract for purchase or purchase transaction is other
than tangible property.
(g) Interest, commission and compensation. No pawnbroker,
employee or agent of a pawnbroker shall ask, demand or receive any
greater rate of interest, commission and compensation than the total
rate of one-tenth of the original purchase price for each month, plus the
original purchase price, on amounts of fifty dollars ($50.00) or over, or
one-fifth of the original purchase price for each month, plus the original
purchase price, on amounts under fifty dollars ($50.00). No other
charges shall be made by the pawnbroker upon renewal of any
contract for purchase or at any other time. In the event any such
charges are made, the contract shall be void. Any contract for the
payment of commissions by the customer for making a contract for
purchase on tangible personal property shall be null and void .
(h) Violation by agents. The violation of this section by an agent or
employee of a pawnbroker OR SECONDHAND DEALER shall be
deemed to be a violation of this section by the pawnbroker OR
SECONDHAND DEALER.
Section 8. Section 11-189 of the Wheat Ridge Code of Laws, concerning hold
orders and the surrender of certain property, is hereby amended as follows:
Sec. 11-189. Hold orders and surrender of property.
(a) Any police officer may order a pawnbroker OR SECONDHAND
DEALER to hold any tangible personal property deposited with or in
custody of aAY THE pawnbroker OR SECONDHAND DEALER for
purposes of further investigation. A hold order shall be effective upon
verbal notification to the pawnbroker OR SECONDHAND DEALER by
an authorized agent of the police department. No sale or other
disposition may be made of such property held by any pawnbroker OR
SECONDHAND DEALER while the hold order remains outstanding. A
hold order shall supersede all other provisions of this article and any
sale or other disposition of the property after the pawnbroker OR
SECONDHAND DEALER has been notified by the police department
of a hold order shall be unlawful and a violation of this article.
(b) If any police officer determines that any article of personal
property held by a pawnbroker OR SECONDHAND DEALER is stolen
or illegally obtained property, such officer may immediately confiscate
such property and must provide the pawnbroker OR SECONDHAND
DEALER with a receipt, case report number and/or the police report
evidence sheet setting forth the basis for the confiscation.
Section 9. Section 11-191 of the Wheat Ridge Code of Laws, concerning
pawnbroker liabilities, is hereby amended as follows :
Sec. 11-191 . Liability of pawnbroker OR SECONDHAND
DEALER.
(a) A pawnbroker OR SECONDHAND DEALER who accepts any
article in a purchase or contract of purchase transaction from a
customer who is not the owner thereof obtains no title in the article
either by reason of the expiration of the contract or by transfer of
the receipt to the pawnbroker by the customer or holder thereof.
Ignorance of the fact that the article was lost or stolen shall not be
construed to effect the question of the title. If the pawnbroker OR
SECONDHAN D DEALER shall sell such article to a third person,
the pawnbroker OR SECONDHAND DEALER shall remain liable to
the original owner in an action to recover the article. The lawful
owner may, upon proof of his or her ownership of the article lost or
stolen, claim the same from the pawnbroker OR SECONDHAND
DEALER or recover the same by appropriate legal means
including, without limitation, forfeiture of the fair market value of
such article out of the bond required by section 11-176.
(b) A pawnbroker shall be liable for the loss of tangible personal
property or part thereof or for damages thereto, whether caused by
fire , theft, burglary or otherwise, resulting from his or her failure to
exercise reasonable care in regard to it.
Section 10. 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 11. 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 12. 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 __ day of . 2016, 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 ,
2016, at 7:00 p.m., in the Council Chambers, 7500 West 29th Avenue , Wheat
Ridge, Colorado.
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by
a vote of to , this day of
~~~~~~~~~-
2016.
SIGNED by the Mayor on this ____ day of _________ , 2016.
ATTEST:
Janelle Shaver, City Clerk
First Publication:
Second Publication:
Wheat Ridge Transcript
Effective Date:
Joyce Jay, Mayor
Approved As To Form
Gerald E. Dahl, City Attorney
"~ ' ~
... # ,,. City of • ~Wheat&_dge ~OL ICE 0EPARTM ENT
TO:
THROUGH:
FROM:
DATE:
SUBJECT:
ISSUE:
Memorandum
Mayor Jay and City Council
Patrick Goff, City Manager ~
Daniel Brennan, Chi ef of Police
Dave Pickett, Division Chief
July 18, 20 16
Staff Report: 2016 Justice Assistance Grant
The Wheat Ridge Police Department (WRPD) received an Edward B yrne Justice Assistance
Grant (JAG) for the years 20 16 and 2017 in the amount of S 11,288. Thjs grant can be used for
the fo llowing purposes:
• Law enforcement programs
• Prosecution and court programs, including ind igent defense
• Prevention and education programs
• Corrections and community corrections programs
• Drug treatment and enforcement programs
• Planning, evaluation, and technology improvement programs
• Crime victim and witness programs (other than compensation)
The Police Department plans to use this money for three separate projects. The first is a
surveillance camera system, the second is to upgrade traffic accident reconstruction software and
the third is for overtime associated with our commu nity policing projects.
FINANCIAL IMPACT:
The surveillance system is projected to cost $5,870. The software upgrade is projected to cost
$4,565 which leaves $853 to be applied to overtime for projects such as East Wheat Ridge and
Boyd's Crossing.
BACKGROUND:
Pole Mounted Surveillance Camera:
H aving the ability to use a covert pole mounted camera is a law enforcement tool that can be
used for many different investigations. Pole mounted cameras are used in public places and are
often disguised so that officers and detectives can perform surveillance on suspects as well as
high crime areas. Currently the Wheat Ridge Police Department does not have its own pole
mounted camera and has to rely on mutual aid to supply that equipment. Surrounding
jurisdictions and task forces try to assist when possible but their investigations take priority. The
Staff Report: 2016 Justice Assistance Grant
July 18, 2016
Page 2
Wheat Ridge Police Department has used borrowed pole cameras to develop cases in auto theft,
arson, prostitution, organized crime, human trafficking and drug investigations. ln some cases,
the department has had to return pole cameras prior to the end of an investigation due to the
needs of the agency that owned the equipment.
With its own camera, the police department would be able to use it for any investigation/speciaJ
event on short notice. The WRPD in conjunction with the West Metro Drng Task Force has
invested in training a detective to install clandestine pole cameras. With thi s camera and with
U1e trained technician, the department can not onJy conduct more complete investigations but can
also act as a resource to surrounding agencies that do not have this capability.
Edge FX Forensic Elite Edition Upgrade:
The WRPD is currently using Edge FX which is a program for accident reconstruction and
diagraming. While this program is one of the most modern and advanced programs available,
the original purchase in 2012 did not include the Edge FX Elite option. At that time, this
upgrade was not considered standard in reconstruction. The standards for accident
reconstruction and court presentation have changed making the Edge FX Elite option necessary.
The FX Edge Elite would provide the department with graphic 3D animation. This option would
allow the department to provide a graphic 30 animation of the sequence of events that occurred
during the actual traffic accident. Graphic 30 animation is now considered the standard in
reconstructing traffic accidents that involve a felony prosecution or a civil trial. TI1e surrounding
jurisdictions in our judicial district provide this level of graphics on their major crash
investigations. Animation allows a layperson, like a juror, to graphically see the sequence of
events that occurred in a traffic accident. Due to popular culture, jurors expect such graphics at
trials. The criminal defense in a felony prosecution will often hire a pri vate company to create
their own graphic 3D anjmation reflecting their own version of U1e sequence of events; it is
imperative that the prosecution ha ve access to similar technology so that the evidence collected
by the police department can be displayed in a similar fashion.
Community Policing Overtime:
The police department has three on-going community policing projects; East Wheat Ridge.
Boyd's Crossing and TLC Neighborhoods. In order to make these projects successful, officers
need to conduct operations outside their regular call for service duties. These operations can
include bicycle patrol, directed enforcement and conducting community outreach.
RECOMMENDATIONS:
Grant requirements include advising City Council as well as seeking input from community
members as accepted uses of the grant funds. The police department has posted the infom1ation
concerning this grant on its website for citizen input as well as advertising this meeting as an
opportunity for citizens to comment. Staff is requesting that City Council approve the use of
JAG funds to purchase a covert pole mounted camera, upgrade accident reconstruction soft.ware
and provide overtime funds to advance the community policing goals of the City.
~ ~ ~
....... ~ .. City of • '"~Wheat&..,dge ~OFFICE OFTI-iE CrTY MANAGER
TO:
FROM:
DATE:
SUBJECT:
lSSUE
Memorandum
Mayor and City Council
Patrick Goff, City Manager Dh
Scott Brink, Public Works Director
July 11 , 2016 (for July 18, 2016 Study Session)
Clear Creek Crossing Update
On April 28, 2014, City Council authorized a contract with the consulting firm of Parsons
Brinkerhoff to assist the City with a reevaluation of the 2007 Environmental Assessment (EA)
that was prepared for the fom1er Cabela's development project. A reevaluation was necessary to
request approval from the Colorado Department of Transportation (CDOT) and tl1e Federal
Highway Administration (FHWA) for an amendment to the ori ginal EA. The requested
amendment would allow any future transportation infrastructure improvements to be phased in
over time instead of all at once before any commercial development at the site could open for
business.
CDOT and the FHWA approved the reevaluation on June 14, 20 16 which will allow for a Phase
I development of the site, of up to approximately 300,000 square feet of development, without
constructing any of the EA required transportation improvements. A Phase II reevaluation is
required in order to detem1in e what transportation improvements will be required for additional
development above 300,000 square feet. Staff will be requesting that City Council authorize
continuing the contract with Parsons Brinkerhoff to assist in the Phase 11 reevaluation.
In addition, Tyler Carlson and Erica Shorter with Evergreen Development will introduce their
company to City Council and provide an update on their vision for redevelopment of the former
Cabela's property.
BACKGROUND:
ln 2007 an EA was prepared as part of the approval process for a proposed development of the
property west of I-70 between 32nd A venue and Highway 58, referred to as Clear Creek Crossing
and also as tl1e Cabela's site. The eventual approval of the EA involved a significant public
process that also included a very detailed and comprehensive traffic study that id entified a
significant amount of transportation infrastructure improvements that would be needed for the
development proposed at the time. Because of the relatively large area of the site and the
potential impact to both regional and local transportation facilities, several agencies were
involved in the process, including the Colorado Department of Transportation (CDOT), Jefferson
County, and the Federal Highway Administration (FHW A), among others.
Over the last few years, a portion of those infrastructure improvements have been constructed,
including an underpass of 1-70 at 40th Avenue and the mo re recent completion of improvements
at the intersection of 32nd and Youngficld. The City has worked with several developers over the
last decade to d evelop the site. However, the high cost of the remaining infrastructure
improvements requjrcd by the previous EA has been a primary impediment to developing the
site.
Recent interest in the site by a potential developer has elevated the need to review and reevaluate
the EA, particularly with regards to looking at a phased approach to both development and
further infrastructure construction. As a result, staff engaged in discussions and efforts with
COOT and FHWA to revisit the EA and the Finding of No Significant lmpact (FONS!) to
detennine the steps necessary to gain approval of a phased approach, commencing with a Phase
I level project. The 2007 environmental approvals needed to be reevaluated based on either
changed conditions in the area or recent changes in regulatory protocol, with traffic being the
primary element to revisit and update.
On April 28, 2014 City Council authorized a contract with the consulting firm of Parsons
Brinckerhoff to review the EA and more specifically, conduct an updated traffic analysis. This
procedure is referred to by COOT as a Level I Reevaluation. T he intent has been to utilize as
much of the previous EA work as is still relevant and applicable, while updating certain portions
(such as traffic) as necessary.
With the assistance of Parsons Brinckerhoff, an updated traffic study was conducted to determine
the future impact of using a phased development approach, along with projected background
traffic growth. The study was then utilized to assist in reevaluating the 2007 assessment. As
part of this process, an informational public meeting was held in December of 2014, and was
attended by nearly 150 people. COOT and FHWA completed the approval and sign-off for a
Phase I environmental reevaluation on June 14, 2016.
Evergreen Development has proposed moving forward with a Phase I and Phase II development
simultaneously which would likely necessitate the construction of additional infrastructure
improvements including the 1-70 hook ramps. As a result, further discussions wi th the
developer, COOT, FHW A, and the consultant have ensued to determine the steps necessary to
move forward with a Phase 2 level of environmental reevaluation as required.
RECOMMENDATIONS:
To keep the process moving forward in a timely manner, staff is recommending that Council
authorize continuing the retention of Parsons Brinckerhoff to assist in completing a Phase 2
reevaluation. This will allow the process to continue in a seamless and consistent manner with
the other agencies. Staff does not currently have a cost estimate fo r the Phase 2 reevaluation but
should have it for the meeting on July 18th. The costs of both Phase l and Phase 2 reevaluations
will be reimbursed to the City upon the eventual approval of a project.
ATTACHMENTS:
I . 2007 I-70/3 2"d A venue Lnterchange Environmental A ssessment, Executive S wnmary
2. CDOT EA Reevaluation Form, dated June 14, 2016
l-70132'1d Avenue Interchange Environmenral Assessment
EXECUTIVE SUMMARY
Why is an Environmental Assessment being conducted?
The City of Wheat Ridge has identified the area southwest of the Interstate 70 I State Highway
58 (1-70/SH 58) interchange as an urban growth area with potential office, commercial, and
retail land use to begin development in the next several years (City of Wheat Ridge 2005).
Land use in the area southwest of the I-70/SH 58 interchange is changing from previous
aggregate mining to retail and commercial use, as identified in the City of Wheat Ridge
Comprehensive Plan (City of Wheat Ridge 1999, as amended in 2005). The proposed change
in land use, in conjunction with regional growth, will affect traffic operations at this interchange
and on the local arterial streets in the vicinity of the interchange.
To address the issue of traffic congestion due to regional growth and the proposed
development, improvements to the following transportation facilities are being considered by
Federal Highway Administration (FHWA) and Colorado Department of Transportation (COOT)
as part of this l-70/32nd Avenue Interchange Environmental Assessment (EA):
• l-70/32nd Avenue interchange
• SH 58 from Mcintyre Street to 1-70
• Adjacent portions of 32nd Avenue between Alkire Street and Xenon Street, Youngfield Street
between 27th Avenue and 351h Avenue, the Youngfield Street/27th Avenue intersection, and a
proposed Cabela Drive from 32"d Avenue to approximately 40th Avenue and from just north
of Clear Creek to 44th Avenue.
As part of this EA, compliance with Section 4(f) of the 1966 US Department of Transportation
Act, as amended, is being pursued. Public comment on the effects of this action on the Clear
Creek Trail and Chester Portsmouth Park are being solicited (see Chapter 5 Section 4(f) De
Minimis Impact Documentation).
Where is the l-70!32"d Avenue interchange project located?
The l-70/32"d Avenue interchange project is located in the western part of the Denver
metropolitan area, as shown on Figure ES-1. The study area falls partially within the cities of
Wheat Ridge and Lakewood, and partially within unincorporated Jefferson County. The City of
Arvada is located north of the study area, and the City of Golden is located west of the study
area. The study area is shown on Figure ES-2.
What is the history of the t-70132"d Avenue interchange project?
In the mid-1990s, the City of Wheat Ridge identified an urban growth area west of the city limits
that encompassed the study area. The identified urban growth area was generally bounded by
West 52"d Avenue to the north, West 32"d Avenue to the south, Mcintyre Street to the west, and
1-70 to the east (City of Wheat Ridge 2005). In 2005, the City of Wheat Ridge refined their
urban growth area by moving the northern boundary from West 52nd Avenue down to 44lh
Avenue and identifying potential future land use (City of Wheat Ridge 2005). Wheat Ridge
annexed two large tracts of land within the study area on the west side of 1-70, which are slated
PageES-1
Attachment 1
1-70 / 31nd Avenue Interchange [11vironmental Assessment
North
STUDY
AREA
flilVA • Colorildo O•poJtmrnt o(lr~•tiolo • Ct1y ofWh••I Rids•
6th Ave.
Hampden Ave.
Figure ES-1
Project Location
Page ES-2
1-70 / 32nd Avenue lnterc/1ange Environmental Assessment
l]Proposed Development -Major Merfal
""'Highways .-vLocal Roads ',r
H Railroad r ·
~
North
0.5· I 5'I I 0/06
FHW4 • Color• 0t'pM1m..,I oHr.aMpC>ttallon • C11yol~M ••
Figure ES-2
Study Area
Page ES-3
l-70/3Z'd Avenue Interchange Environmental Assessment
for development (see Figure ES-2). The proposed development area includes approximately
800,000 square feet of commercial and retail use, including the construction of a 225,000
square foot Cabela's store (which has subsequently been reduced to 185,000 square foot store)
and an additional 575,000 square feet of retail and commercial development.
All properties within the City of Wheat Ridge are zoned. Zoning regulates what land uses are
allowed and establishes rules for how property can be developed. In 1969 when the City of
Wheat Ridge was incorporated, the zoning from Jefferson County was adopted for all properties
that became a part of Wheat Ridge. The current zoning ordinance became law in the City of
Wheat Ridge on February 26, 2001 (City of Wheat Ridge 2001 ). The zone change process is a
City of Wheat Ridge process per Municipal Code Chapter 26 Zoning and Development (City of
Wheat Ridge 2001 ). Approval of the proposed development southwest of the 1-70/SH 58
interchange is a separate process from the Categorical Exclusion and EA processes. All
proposed commercial, industrial , and residential applications for property exceeding one acre in
size must follow the zone change process, in accordance with the City of Wheat Ridge zoning
ordinance (City of Wheat Ridge 2001 ).
On August 14, 2006, the City of Wheat Ridge City Council approved the revised Outline
Development Plan (OOP) for the 178-acre proposed development area southwest of the
1-70/SH 58 interchange and approved the Final Development Plan (FOP) for the 36-acre
Cabela's parcel (City of Wheat Ridge Council 2006). FDPs will be required for the remaining
142 acres of the proposed development area. As part of the approval process, a condition of
approval was added to ensure that the 1-70 westbound hook ramps, 40th Avenue underpass of
1-70, widening of 32nc1 Avenue, Cabela Drive, and the SH 58/Cabela Drive interchange are
constructed prior to issuance of a certificate of occupancy (City of Wheat Ridge Council 2006).
In 2005, the City of Wheat Ridge, in association with COOT, conducted a System Level
Feasibility Study (FHU 2005) for the 1-70/32nc1 Avenue and 1-70/Ward Road interchanges, in
accordance with COOT Policy Directive 1601 , to address traffic impacts associated with this
proposed development, existing system deficiencies, and regional traffic growth. The System
Level Feasibility Study evaluated numerous alternatives for improvements to the transportation
network. The System Level Feasibility Study was approved by the Colorado Transportation
Commission in September 2005.
Other transportation Improvements are currently planned or under consideration for the vicinity
as separate actions. These include:
• Improvements to the 1-70/SH 58 interchange described in an EA conducted by COOT
(COOT 2002a) and FONSI (FHWA 2004).
• Local street improvements being planned by the City of Wheat Ridge, including:
• Widening of Youngfield Street (from two-lanes to four-lanes) between 38th
Avenue and 44th Avenue, which includes restriping along 441h Avenue between
Youngfield Street and Ward Road to accommodate a turn lane
• Construction of a new 1-70 underpass at approximately 40th Avenue
• Construction of a new roadway, Cabela Drive, from 40th Avenue to the proposed
development just north of Clear Creek
Page ES-4
/-70/3~d Avenue Interchange Environmental Assessment
• Regional improvements currently being considered in the Northwest Corridor EIS, which
was in progress during preparation of this EA. The l-70/32nd Avenue Interchange is located
in the southern portion of the larger Northwest Corridor EIS study area
• Improvements by Jefferson County to Mcintyre Street and the Mcintyre Street/44th Avenue
intersection.
What is the purpose of the Proposed Action?
The purpose of the proposed action is to relieve traffic congestion at the l-70/32nd Avenue
interchange and to address future transportation demands on the interchange and local street
network due to regional growth and expanding local retail/commercial development.
Why are the Proposed Action improvements needed?
The l-70/32nd Avenue interchange was constructed in 1968 as part of the I-70 interstate system.
The current configuration is characterized by a sharp hook ramp, an isolated slip ramp, and
several very closely spaced signalized intersections along 32nd Avenue in the vicinity of 1-70.
The current hook ramps do not have adequate storage lengths to enter and exit 1-70. In
addition, there is inadequate vehicle storage capacity on the ramps, all of which cause back-ups
on 1-70 and the local street network.
Intersection and roadway operational characteristics are typically described with a level of
service (LOS) measure with values ranging from A to F. LOS A represents the best possible
operational conditions, while LOS F is characterized by severe congestion and extremely poor
traffic operations (i.e. gridlock). In urbanized areas, LOS D is generally considered to be
acceptable for peak hour operations during the morning (AM) and afternoon (PM), which
coincide with the morning and evening commute. Existing 1-70 mainline and ramp operations
are marginally acceptable; however, the eastbound off-ramp intersection with Youngfield Street
operates at LOS F (or failing) during the afternoon peak hour.
Operations forecasts with 2030 traffic from projected regional growth only (without traffic from
the proposed development) show continued degradation to an unacceptable level of congestion
during afternoon peak hours for both the l-70/32nd Avenue interchange ramp intersections and
at the Youngfield Street and 32nd Avenue intersection. These projected 2030 traffic volumes
show that the l-70/32°d Avenue interchange area will operate at LOS F, resulting in gridlock on
the local street network during the afternoon peak hour (FHU 2005, FHU 2006a).
The proposed development, combined with projected regional growth, will place additional traffic
demands on the l-70/32"d Avenue interchange that will further degrade operations. Operational
forecasts with projected 2030 traffic volumes including the proposed development show that the
interchange and local street network would degrade to LOS F, resulting in gridlock during both
the morning and afternoon peak hours (FHU 2005, FHU 2006a).
PageES-5
1-70131"'1 Avenue lnterchangl! Environmental Assessment
What are the objectives for the Improvements?
The following design and operational objectives have been established for use in evaluating
alternatives for improvement of the l-70/32nd Avenue interchange:
• Provide adequate acceleration and deceleration lengths along 1-70 for the 1-70/32"d Avenue
interchange eastbound on-and off-ramps to improve traffic weave distance for vehicles
entering and exiting 1-70
• Improve vehicle storage for the l-70/32nd Avenue interchange eastbound off-ramp to reduce
back-ups onto 1-70
• Reconfigure the l-70/32°d Avenue interchange eastbound on-and off-ramps to reduce driver
confusion and meet driver expectancy
• Reduce future congestion within the l-70/32nd Avenue interchange and at the intersection of
Youngfield Street and 32°d Avenue (the primary congested intersection near the
interchange)
• Improve vehicle storage capacity along 32"d Avenue to reduce back-ups through the Xenon,
Youngfield, west ramps, and Zinnia Street intersections, which is caused by close proximity
of these signalized intersections to each other (see Figure ES-3)
• Provide additional transportation system improvements as necessary to address anticipated
regional growth and the proposed development
The goal of these design and operational objectives is to allow the system to operate at a level
considered acceptable for major arterial intersections in the Denver metropolitan area. In traffic
engineering terms, this equates to a goal of LOS D or better during peak hours given the year
2030 traffic projections with regional growth and planned development. Figure ES-3 depicts the
current operational deficiencies.
How was the Proposed Action identified?
The I-70/32nd Avenue Interchange improvement process began with the development of a broad
range of alternatives. The l-7013r' Avenue Interchange System Level Feasibility Study (FHU
2005) examined 21 alternatives and nine sub-alternatives and advanced three alternative
packages for further study in the EA The EA considered those alternatives and further
screened them to a Proposed Action.
A four-level screening process was employed to identify the Proposed Action. The initial,
second-level, and third-level screenings were conducted during the System Level Feasibility
Study. The initial screening was primarily a fatal flaw analysis. The second-level screening
focused on the most congested period (2030 evening peak hour) traffic operations using LOS
measures for freeway operations and study area intersections. The third-level screening
evaluated the remaining alternatives relative to design, traffic, and environmental consequences
and incorporated additional public input from the open houses and community presentations in
considering specific improvement components.
Page ES·6
1-70 / Jl11d Avenue Interchange Environmental AssC'ssme11t
laolated "•llp" ramp -Eaatbound 1-70 on-ramp at 38th Avenue'
a. Non-standard configuration I
b. Does not have adequate acceleration lengths to enter 1-70
c. Does not serve all movements for all vehicles
!!! I ~ a: IC Cl) • (/) ! :"" . • :en i~ I.,, ,ll :ll
SH 58 Frontage Rd. '1 l
Clear Crttk
Sharp hook ramp-Eastbound 1·70 off-ramp atYoungfleld Street
a. Non-standard configuration
b. Does not have adequate deceleration lengths to exit I· 70
1 c. Inadequate vehicle storage capacity causes back ups onto 1·70
d. Existing traffic operations during the afternoon peak hour are
at a Level of Service (LOS) E
1 e. Projected 2030 traffic volumes show that the ramp will operate '
at LOS F with no Improvements '
32nd Avenue
05· If>' I O/Oe
a. Several very closely spaced signalized Intersections along
32nd Avenue In the vicinity of I· 70
b. Projected 2030 traffic volumes show that the westbound I· 70
ramp Intersection will operate at LOS D In the morning and
LOS F in the afternoon
c. 32nd Avenue vehicle storage Is inadequate between signals
In both directions causing congestion
32ndAve.
~
North
rHW" • C.olor•doO"P"r1""'n1ofTrN1Jl>Or1•Uon • C.ltyofWh<"I Ridp
App/ewood Center
Figure ES-3
Operational Deficiencies
Page ES-7
l -7013Z'd Avenue Interchange Environmental Assessment
A fourth-level screening analysis was conducted as part of the EA process to evaluate the
remaining alternatives and sub-alternatives. These alternatives were "repackaged" to include
beneficial and/or preferred features from those alternatives that did not survive the first three
screenings. The intent of the screening was to identify, if possible, a Proposed Action to be
evaluated with the No-Action Alternative in the EA. A screening matrix was developed to assist
in analyzing and comparing the alternatives.
A range of measures was considered during the screening which included traffic operations,
engineering design considerations, environmental consequences. public acceptance, and
opinion of probable cost.
The fourth-level screening results indicated that one alternative that included a single point
urban interchange at 1-70/32nd Avenue (Alternative 1 ), would be substantially more costly
(residence and business relocations. right-of-way acquisition, and construction cost). would
create far greater impacts on the surrounding community than the other two that did not include
this Interchange at l-70/32nd Avenue. This alternative did not receive wide public support either.
Of the two remaining alternatives (Alternatives 2 and 3), one of them (Alternative 2) offered
additional benefits:
• Better emergency vehicle access across SH 58
• Better maintenance of community access and cohesion
Screening revealed very little other difference between the two alternatives, other than greater
public acceptance for one of them. Public comments provided at the various forums displayed a
clear public preference for a new interchange onto SH 58 as part of the study area's
transportation system, although there was concern relative to the extension of Cabela Drive
north to connect with 44lh Avenue. Public comments showed support for the new SH 58/Cabela
Drive interchange as a means for drawing regional traffic to that entrance of the proposed
development instead of the local street network bearing the burden of the proposed
development's traffic. With only minor differentiation between the two alternatives, public
acceptance became a key measure that suggested that the Proposed Action should include a
SH 58/Cabela Drive interchange, as included in Alternative Package 2.
Alternative Package 2 was selected as the Proposed Action to be presented in detail with the
No-Action Alternative in this EA.
What is the Proposed Action?
The Proposed Action consists of the following elements:
• New 1-70/32"d Avenue Interchange Hook Ramps
• Construction of off-set hook ramps at the l-70/32"d Avenue interchange with the
westbound hook ramps located north of 32nd Avenue at approximately 35lh Avenue and
the eastbound hook ramps located at Youngfield Street and 2ih Avenue
• Construction of a third bridge over 32nd Avenue for the I-70 westbound ramp traffic
Page ES-8
/-7013Z'd Avenue Interchange f nvironmentaJ Assessment
• Closure of the existing westbound 1-70 off-ramp that exits to 32nc1 Avenue. The existing
westbound 1-70 on-ramp would remain open but access would be limited to eastbound
32"d Avenue traffic only
• Partial reconstruction and restriping of Youngfield Street between 27th Avenue and
approximately 301h Avenue to achieve a 5 lane roadway section
~ 32°d Avenue Improvements
• Widening of 32nc1 Avenue between approximately Alkire Street and approximately Xenon
Street and the widening of Youngfield Street between approximately 35lh Avenue and
30th Avenue in the vicinity of the 1-70/32"d Avenue interchange
• Connection of Cabela Drive with 32nd Avenue west of 1-70 (401h Avenue to 32°d Avenue)
~ New SH 58/Cabela Drive Interchange
• Construction of a new diamond interchange on SH 58 west of Eldridge Street and
connection of Cabela Drive to this interchange
• Connection of Cabela Drive with 44tn Avenue north of the new interchange on SH 58
~ 1-70/Ward Road Interchange
• Restriping of the Ward Road and westbound I-70 on-ramp intersection to add an
additional southbound left turn lane onto the ramp and widen the ramp to receive this
lane
• Addition of a second right-turn lane for the eastbound 1-70/Ward Road off-ramp
• Bicycle/Pedestrian Improvements
• Relocation of the Jefferson County Clear Creek trail in the vicinity of the new SH
58/Cabela Drive interchange
• Replacement of the 32°d Avenue trail detached sidewalk along the south side of 32"d
Avenue from Alkire Street to Cabela Drive with an attached sidewalk
• Improvements to pedestrian and school safety along 32°d Avenue
• Construction of an Americans with Disabilities Act (ADA)-compliant pedestrian bridge at
271h Avenue to replace the existing pedestrian bridge at 26th Avenue as part of the
eastbound 1-70 hook ramps
• Provisions for Clear Creek Trail access through the development site from 32"d Avenue
• W ider sidewalks under 1-70 on the south side of 32"d Avenue to better accommodate
bicycles and pedestrians
Figure ES-4 depicts the Proposed Action.
Page ES-9
1-70 / 3211d Avenue Interchange En11ironme11tal Assessment
~
North
LEGEND
05-Hi~ 10/06
~ '< ~ en :-44/h Ave.
~ ~ ::i en :-
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en :-
---r
--e\ea /1 /"t{~h~1 E''"'"' r .. u -~
.,,"" Clear ,. -··· B•i<Jge ~.,
32ndAve.
Transportation Improvements
= Realigned Clear Creek Trail
fHWA • Col«odo O•P•lrtn>tnl ofTran•por1allon • d1yofWhe.o1 Rldg•
(§ c: c6 ~
~
27th Ave.
Figure ES-4
Proposed Action
Page ES-10
1-70132"1 Avenue Interchange Environmental Assessment
Why were hook ramps identified for the l-7013rd Avenue interchange?
Hook ramps were identified as part of the Proposed Action because of the location of 1-70 and
the proximity of Youngfield Street. Hook ramps are used to connect the highway with a local
street when the two roadways are generally parallel to each other, such as 1-70 and Youngfield
Street. The hook ramps were designed to achieve a least a 30 mile per hour (mph) design
speed with appropriate acceleration and deceleration lengths for motorists entering and exiting
1-70.
The eastbound 1-70 on and off-ramps were paired to be consistent with a driver's expectation to
return to where they got off the highway to get back on. For example, a motorist getting off
eastbound I-70 could get back on eastbound I-70 at the same location.
During refinement of the Proposed Action, a series of alternate locations for the eastbound 1-70
hook ramps were assessed. The alternate locations were evaluated based on the operational
and geometric requirement of a COOT-required desirable ramp design speed of 35 mph with a
minimum acceptable design speed of 30 mph. The alternate locations included the 27th Avenue
alignment and two alignments north of 27th Avenue. The other two alignments north of 27th
Avenue were eliminated because of the introduction of a second signal on Youngfleld Street for
each alignment and because one alignment required a major acquisition involving the multi-
story office building at 2801 Youngfield Street while the other alignment required a major
widening of the eastbound 1-70 bridge over 32nd Avenue to provide for an adequate acceleration
distance.
Why does Cabe/a Drive extend to 3rd Avenue?
Cabela Drive would extend to 32"d Avenue to provide access to the westbound l-70/32nd
Avenue on and off-ramps and for additional access to the proposed development. Cabela
Drive's extension to 32"d Avenue is necessary for three primary reasons:
• To provide access to/from the new westbound 1-70 hook ramps -A fair amount of traffic
uses the existing westbound off-and on-ramps that currently connect to 32"d Avenue
directly. With the Proposed Action these ramps would move north of 32nd Avenue.
• For emergency vehicle access and mobility -Cabela Drive would provide an alternate
route for emergency vehicles to access the area between 441h and 32"d Avenue, thereby
offering greater flexibility and potentially better response time.
• For access to the new development -The westbound hook ramps coupled with a new
interchange at SH 58 would provide the vast majority of access to the new development.
The 32"d Avenue connection does offer an additional access for those using 32"d Avenue.
Typical sections for Cabela Drive are included in Figure ES-5.
Page ES-11
1-70 / Jlnd A..-enue lntercha11Re Emironmental Asscs~ment
10' s·
Side\vdlk/
Trail
12'
68'
12' 12' 12' 12'
lhru Lane lluu Lane Thru l..lne
... t t
4 Lane Section
SH 58 to Clea r Creek
(Traveling South / East from SH 58)
93'
12' 12' 12' 12'
s· 10'
Sidewali:/
I rail
/\cc:ess f•• rrqu••dl
2.5'
s· 8'
lhru Lane Thru lane leh Tum Thru Lane Thru lane Sidewalk
2.s·.J. ... lJnc I t Median
~
5 Lane Section
32nd Avenue to Clear Creek
(l ooking North)
t _2.5'
Figure ES-5
Proposed Ca be/a Drive Typical Sections
Page ES-12
l-70/32"d Avenue Interchange Environmental Assessment
What provisions have been made for school zone safety along 32"d Avenue?
The project team met with The Manning School and Maple Grove Elementary school
representatives on November 28. 2005, to discuss school safety issues along 32nd Avenue.
Based on this meeting and feedback from the community at the open houses, a series of school
zone safety improvements along 32nd Avenue have been included in the Proposed Action. The
school zone safety improvements include contiguous sidewalks along 32nd Avenue in the vicinity
of the schools. upgraded school safety zone signing, and a pedestrian actuated traffic signal at
32nd Avenue/Alkire Street for children crossing 32nd Avenue. Figure ES-6 shows these
improvements. Minor adjustments to the plan may be made during final design based on input
from Jefferson County and others.
How will motorists traveling along 1-70 access the proposed development?
To help motorists find their way within the interchange complex, supplemental guide signing is
proposed along 1-70. These signs would make it clear that the new SH 58/Cabela Drive
interchange is the appropriate route for accessing the proposed development southwest of the
1-70/SH 58 interchange. This supplemental guide signing concept is consistent with similar
applications where two major freeways diverge and advance clarification is required to help
motorists find the appropriate route. This would be accomplished through advance signing along
both westbound and eastbound 1-70 (see Figure ES-7).
Page ES-13
1·70 / 3lnd An•nut' lnterc/icJng<' Environmental AHcssmcnt
~
North
I CC£''<0
-W-= Sign
•nn. = Pedestrian Crosswalk
-=Sidewalk
.. New Sidewalk a = Traffic Signal
~ ., Pedestrian Signal Head
05·1~ 10/06
fHIYA • Col0<Mlo Otputnll'nl ol Tr•n"""1•1lon • Citt of Whut Rids•
Figure £-6
32nd Avenue Pedestrian / School Improvements
Page ES-14
1-70 / J1nd A~<'llUC lnlerch<wge Environmental Ass<'ssmenl
'
~ • • .D .. 0
\__-
North
+
SH58
32nd Ave.
c ..:.'&'!> ·-.. (.fl
:.11 ':!P r,
·: ,. "'1, •• ( ''"
+
-
FHWA• Colc>Bdo~neoll~-. (llyolWM•t•icf&•
·-,.,
•·11
c,.-10.,
". . . ' . ,
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\._.
-
Figure ES-7
Interchange Signing Plan
Page ES-15
/-70/3Z'd Avenue Interchange Envlfonmental Assessment
How will the Proposed Action affect traffic on 2th Avenue?
East of Youngfield Street, 27th Avenue is classified by the City of Lakewood as a major collector.
Based on city standards, a major collector can accommodate up to 7,000 vehicles per day.
Increases in traffic volumes along 271t1 Avenue for the Year 2030 for both the Proposed Action
and the No-Action Alternative were calculated as part of the EA process. The estimated Year
2030 traffic volumes are those to which the project is designed.
Under the No-Action Alternative, which does not include improvements to the 1-70/32"d Avenue
interchange, approximately 4,300 vehicles per day were estimated to use 27th Avenue. The
traffic volume on 27th Avenue is projected to be 5,400 vehicles per day for the Proposed Action,
which includes alignment of the eastbound 1-70 hook ramps at 27th Avenue. The hook ramps
would increase traffic along 27th Avenue by approximately 20 percent (900 vehicles per day)
compared to the No-Action Alternative. This increased traffic volume on 27th Avenue within the
limit of City of Lakewood's standard for a major collector as noted above.
Traffic mitigation measures were considered to restrict or limit traffic from directly crossing
Youngfield Street from the 1-70 off-ramp onto 27th Avenue. The City of Lakewood, who
maintains 27th Avenue. does not support such restrictions.
The project team contacted the Consolidated Mutual Water Company. which owns the Maple
Grove Reservoir dam, with regard to expanded concern of possible darn safety. The increased
traffic volumes will not present safety concerns or damage to the darn embankment. Heavy
truck traffic (greater than 7,000 pounds) is currently restricted from using 27th over the dam. This
appears to be less due to structural limitations of the dam as it is a desire to keep these vehicles
from traveling through residential areas to the east. The Consolidated Mutual Water Company
assured project team members that the dam is stable and able to carry the additional traffic.
Page ES-16
1-70/JZ"d Avenue Interchange Environmental Assessment
What are the environmental consequences of the No-Action Alternative and the
Proposed Action?
Table ES-1 summarizes the direct and indirect impacts for the No-Action Alternative and the
Proposed Action.
Table ES-1 Summary of Direct and Indirect Impacts
No-Action Alternative Proposed Action
Land UH, Soclo-Econom/ca, and Community
Proposed development with potential office. Change of use of a limited area from Industrial, commercial, and
commercial, and retail land use in the southwest residential land use to highway or transportation right-of-way
quadrant of the 1-70/SH 58 interchange would Proposed development In the southwest quadrant of the 1-70/SH continue 58 interchange would continue and change the area from an
Land use in this area would continue to change aggregate mine to retail and commercial use
from an aggregate mine to retail and commercial Improve accessib1hty to proposed development retail and use commercial facilities currently located on Youngfield Street and
Transportation system not able to function at an those proposed west of 1-70, such as Cabela's
operational level of acceptability with proposed Improve accessibility, safety, and access across SH 58 to the development and economic development
objectives proposed development and also to the Jefferson County Open
Space Clear Creek Trail
The substandard, non-ADA compliant Replace the pedestrian crossing over 1-70 at 26tn Avenue with an pedestrian crossing over 1-70 at 26111 Avenue
would remain ADA-compliant structure
Emergency access across SH 58 would be Construction costs associated with the Improvements would have
limited to Mcintyre Street beneficial short-term impacts on the local economy
Construction workers for the improvements are expected to be
drawn from the existing local workforce or outside contractors,
resulting in a positive impact
No identified direct adverse impacts to low-income or minority
populations
Right-of-Way and Displacements
No right-of-way Impacts Requires acquisition of approximately 597,867 ft2 (approximately
No business or residential displacements 13 7 acre) of right-of-way
Displacement of 2 residences and 7 businesses
Parts and Recreation
No impacts to pal1<s or recreational resources Approximately 0.004 acre of the Chester Portsmouth Park would
be Impacted. Approximately 2,400 ft of the Jefferson County Open
Space Clear Creek Trail and approximately 1, 100 ft of the 32nc1
Avenue Trail would be relocated
Air Quality
Deterioration of air quality due to increased Improved air quality due to improved traffic How
traffic congestion Temporary increase in air emissions during construction
PageES-17
l-7013Z'd Avenue Interchange Environmental Assessment
T bl ES.1 s f ff t d I d. t I I t (C f d)
No-Action Alternative Proposed Action
Noise
51 residences. 2 churches, Clear Creek Trail.
and 18 businesses would exceed noise
abatement criteria
Historic •nd An:haeologlclll R .. ources
No impacts to historic or archeological sites
Paleontology
No impacts to paleontological resources
So/ls and Geology
No impacts to soils and geology
Farmlands
No impacts to farmland
50 residences. 2 churches, Clear Creek Trail, and 18 businesses
would exceed noise abatement cntena
Widening of Youngfield Street south of the 32 Avenue
intersec!Jon would require approximately 0.06 acre of right-of-way
from the NRHP-eligible Maple Grove Grange property
No impacts anticipated to archeological sites, but unknown, buried
sites could be encountered
Scientifically important paleontological resources could be
encountered during construction excavation
Expansive soils and unsuitable fill may be encountered
No impacts to farmlands
Water Resources, Floodplains, and Water Quality
No short-term sediment impacts
No change in drainage area
Continued discharge of stormwater directly to
Clear Creek without benefit of water quality
ponds or best management practices
Vegetation and Wildlife
No impacts to vegetation
Continued potential for animal vehicle collisions
on SH 58
Noxious Weeds
No noxious weeds impacts
Special Status Spec/es
No impacts to special status species
Wetlands
No impacts to existing wetlands
Short-term increase in erosion and sedimentation from
construction activ1t1es
Increase of approximately 20.54 acres of impervious drainage area
Improved quality of stormwater discharge due to construction of
water quality ponds and best management practices
Removal of vegetation during construction
Short-term disturbance of wildlife and aquatic habitat during
construction
Permanent impacts to marginal upland habitat near new SH
58/Cabela Dnve Interchange
Potenllal spread of noxious weeds into areas disturbed by
construction
No impacts to federally threatened or endangered animal or plant
species would occur
Approximately 1.29 acre of non-jurisdictional wetlands impacted,
and approximately 0.001 acre of 1unsd1cttonal wetlands impacted
Page ES-18
1-70/JZ'd Avenue Interchange Environmental Assessment
Hanrdou. Waste
No hazardous waste impacts
Visual
No visual impacts
Construction
No short-term construction-related impacts
Utilltin
No impacts to utilities
Three sites with recognized or potential environmental conditions
would be acquired as full right-of-way acquisitions. Six sites with
recognized or potential environmental conditions would be
acquired as partial right-of-way acquisitions
Contaminated soil and/or groundwater from existing sources could
be encountered during construction
Asbestos and/or lead-based paint could be encountered during
demolition of structures
Construction of the ADA-compliant pedestrian structure at 27
Avenue would provide positive visual benefit to the surrounding
neighborhoods
A signalized intersection at Cabela Drive and 441t1 Avenue would
reduce the quality of the view of South Table Mountain for the
residences along Hollman Street
Short-term and intermittent fugitive dust emissions during
construction
Short-term and intermittent construction noise
Short-term increase in sediment from construction
Short-term traffic delays
Short-term visual impacts
Short-term utility impacts
Relocation of utilities prior to construction
Page ES-19
/-7013Z'd Avenue Interchange Environmental Assessment
What measures have been identified to mitigate the environmental impacts of the
Proposed Action?
Table ES-2 summarizes the mitigation measures for the Proposed Action.
Table ES-2 Summary of Mitigation Measures
Resource M1t1gat1on Measures
Land Use, Socio-
Economics, and
Community
Right-of-Way and
Displacements
Parks and
Recreation
Air Quality
Noise
Historic and
Archaeological
Resources
Paleontology
• Access to the Clear Creek trail across SH 58 from 44 Avenue via the new SH 58/Cabela
Drive interchange
• Replacement of the bike route access to the Clear Creek trail along the Youngfield
Service Road with a 10 ft multl-use sidewalk along Cabela Drive and along 40\11 Avenue
• School safety improvements along 32no Avenue in the vicinity of The Manning School and
Maple Grove Elementary
• Replacement of the 26.,, Avenue pedestrian bndge (ADA-compltant)
• Sidewalk improvements along 32nc1 Avenue and Youngfield Street in the vicinity of the 1-
70/32rwJ Avenue interchange
• Construct a new sidewalk along the north side of 32nc1 Avenue from Braun Court to Xenon
street to improve pedestrian access to The Manning School and Maple Grove
Elementary and to replace the sidewalk affected by reconstruction of 32no Avenue
• Continue public involvement and coordination with local community during design and
construction to ensure that final design is compatJble wrth local community and d1srup1Jon
1s minimized
• Conform to the requirements set forth in the Uniform Relocation Assistance and Real
Property Acqu1s1tions Policies Act of 1970 (as amended) and the Uniform Relocation Act
Amendments of 1987 (as amended), each of which contains specific requirements that
govern the manner in which a government entity acquires property for public use
• Prepare a relocation analysis and provide relocation advisory service
• Construct a continuous sidewalk from the Chester Portsmouth Park to the 27"'
Avenue/Youngfield intersection and north along Youngfield Street
• Realign the Jefferson County Open Space Clear Creek trail from the Clear Creek bndge
to the west of the new SH 58/Cabela Drive interchange
• Modify the trail along the south side of 32nc1 Avenue from Alkire Street to Cabera Drive
with an attached sidewalk with curb and gutter
• Maintain construction equipment in good working order
• Implement a dust control plan
• Ensure no excessive 1dltng of inactive or unnecessary equipment or vehicles
• Use higher-grade fuel in construction equipment
• Locate stationary equipment as far from sensitive receivers as possible
• Rebuild the existing barrier along 1-70 near 27th Avenue that must be removed for the
proposed eastbound 1-70 hook ramps
• Extend the existing noise wall along the Youngfield Service Road {Cabela Drive) another
140 feet to the north
• Instruct construction personnel to stop work and notify the COOT Staff Archaeologist who
will evaluate the discovery 1f any suspected archeological finds are encountered
• Have the COOT paleontologist examine project design plans as finalized to detem11ne the
extent of impact to the Denver Formation, and the scope, if any, of monitoring work
required
• Instruct construction personnel to stop work and notify the COOT Staff Paleontologist
who will evaluate the discovery if any suspected fossils are encountered
PageES-20
l-70/3Z'd Avenue Interchange Environmental Assessment
Soils and
Geology
Water Resources,
Floodplains, and
Water Quality
Vegetation and
Wiidiife
Noxious Weeds
• Perform a detailed geotechnical analysis of the project area during the preliminary/final
design process to determine the structural stability and load-bearing capacity of the
geologic formation
• Replace any impact to an irrigation facility with an in-kind replacement
• Not allow stormwater to co-mingle wrth 1rngation waters
• Notify irrigation companies of any potential impacts to their 1rngation system
• Provide ditch companies the opportunity to review plans that call for impacts to their system
• Observe irrigation ditch operational requirements and schedules
• Use erosion control measures at irrigation ditch areas during construction and remove
these measures once the site has stabilized
• Use construction best management practices to reduce temporary impacts
• Use best management practices to control stormwater runoff
• Convey stormwater through water quality ponds or use other best management practices to
settle sediment and improve water quality flow to Clear Creek
• Obtain and comply with required permits for temporary dewatenng
• Install adequate riprap at ends of the stormwater outfalls to reduce erosion potential
• Use temporary sedimentation ponds or filtering apparatus to remove sediment from
groundwater prior to discharge during dewatering
• Construct and use concrete washout basins to protect Clear Creek during construction
• Revegetate construction areas in accordance with COOT revegetat1on practices
• Seed during appropriate seeding seasonal windows
• Temporarily protect slopes from erosion with straw crimping. erosion blankets or with mulch
and mulch tackifier, if seeding is conducted out of season
• Coordinate SB 40 mitigation with COOW, which will include an appropriate tree
replacement ratio and implementation of BMPs
• Replace trees in other areas 1n accordance with COOT Region 6 and Jefferson County tree
replacement policies
• Protect trees and shrubs in construction areas that are to remain with temporary orange
mesh fencing
• Investigate alternative fencing and landscaping plans to deter north-south wildlife
movement and minimize animal/vehicle collisions with increased traffic along SH 58 in the
vicinity of the new SH 58/Cabela Drive Interchange
• Avoid vegetation palatable to wildlife In the revegetation of roadway medians and rights-of-
way
• Implement an integrated weed management plan to target noxious weed populations
• Clean all construction vehicles of all soil and plant parts before entering the construction
site to avoid the spread of noxious weeds
• Limit disturbance to existing vegetation as much as practicable
• Treat weeds-infested areas targeted for disturbance with herb1c1de pnor to ground
disturbance or the topsoil be hauled off-site or used as roadway fill
• Salvage topsoil from the project area for reuse from areas free of noxious weeds or treat
with pre-and post-emergent herbicide prior to disturbance. Areas free of weeds will be
identified prior to beginning construction.
• Install temporary fences to limit construction traffic in an effort to reduce erosion and weed
invasion
• Seed topsoil stockpiles with annual grasses, if topsoil remains stockpiled for more than one
month
• Use only certified weed-free mulch The mulch will be certified under the Colorado
Department of Agriculture Weed Free Forage Certification Program and inspected, as
regulated by the Weed Free Forage Act. Title 35, Article 27 5. C.R S
PageES-21
l-70/3~d Avenue Interchange Environmental Assessment
Special Status
Species
Wetlands
Hazardous
Materials
Visual
• Conduct a thorough survey of active nests in the pro1ect area between April 1 (February
for raptors) and August 15, prior to in11tat1on of construction activibes
• Do not allow construction to begin near active nest areas until all nesthngs have fledged,
1f active nests are found to be present
• Prevent all protected birds from achieving an active nest, if construction occurs during the
breeding season for migratory birds
• Conduct habitat disturbing activities, such as tree removal, grading. scraping, grubbing,
etc , during the non-breeding season unless the area has been verified by a qualified
b1olog1st that no active nests are present
• Mitigate wetlands on a 1 1 basis through the purchase of mitigation credits from a
certified wetland bank in the Clear Creek basin
• Consult with COOT Environmental during preliminary/final design to 1dentJfy possible
improvements to npanan habitat near Clear Creek
• M1nimrze culvert lengths and use nprap for stormwater outfalls to reduce permanent
impacts
• Prevent erosion, using temporary soil stabilization measures and structures to prevent
and/or slow run off across disturbed areas and/or divert runoff to sediment basins
• Use sediment controls measures. including straw bales. silt fences. sediment traps
and/or sediment basins
• Use water quality treatment measures to capture and treat runoff and to prevent runoff
from entering Clear Creek and associated wetlands
• Use designated areas for vehicle staging to minimize disturbance of wetlands and
vegetated areas
• Revegetate disturbed areas as qu1cidy as possible with native vegetation
• Install temporary fencing to prevent construction access to wetland areas
• Target dewatering activities to avoid wetland areas
• Keep cranes and other heavy equipment for bndge construction out of the nver or stream
bank area to the greatest extent possible
• Construct a crane pad 1f cranes or other equipment can not be kept out of the creek
• Conduct Initial Site Assessments (ISA) COOT Form 881 for partial acqu1srt1ons or
ind1v1dual, s1te-spec1fic Phase I environmental site assessments for full acquisitions
• Perform Preliminary Site Investigations (PSI) of properties to be acquired for right-of-way,
if recommended by the ISA or Phase 1
• Prepare a materials handling plan and a health and safety plan, as required by Section
250 03 of the COOT Standard Spec1ficat1ons for Road and Bndge Construction
• Conduct an asbestos and miscellaneous hazardous matenals survey of each property
prior to demolition
• Abate asbestos and miscellaneous hazardous materials. as necessary
• Check properties for the presence of methamphetamine lab residues prior to acquisition
• Remove and appropriately recycle or dispose of all regulated materials including PCB·
containing ballasts, fluorescent bulbs, mercury containing equipment, electronic
equipment. containerized regulated liquids (e.g., paints, solvents. 011, grease. chemicals,
pesticides, and herb1c1des). and CFC-containing equipment. prior to building or structure
demolition activities
• Incorporate landscaping and other design elements within right-of-way, where space is
available to provide a visual trans1t1on between the adjacent area and the new signalized
1ntersect1on at Cabela Onve, 44th Avenue, and Holman Street
• Provide for public involvement on aesthetic issues such as bridge design treatments at
grade-separated intersections, and retaining walls
PageES-22
l-70/3Z1d Avenue Interchange Environmental Assessment
Construction
Utilities
Specify construction mitigation measures in final design, which will include the following to the
extent practicable:
• Engines and exhaust systems on equipment in good working order
• Equipment maintained on a regular basis, and equipment subject to inspection by the project
manager to ensure maintenance
• Fugitive dust systematically controlled through diligent implementation of a dust control plan
• No excessive idling of inactive or unnecessary equipment or vehicles
• Construction equipment and vehicles use higher-grade fuel to reduce pollutant emissions
• Stationary equipment located as far from neighbors as possible
• Construction of noise walls (determined to be feasible and reasonable during design stages) early
in the construction phase, where practicable
• Maintain access to local businesses, residences, and trails
• Coordinate detour routes to avoid overloading local streets
• Minimize construction duration 1n residential areas
• Avoid nighttime act1vit1es in residential areas, as much as possible
• Re-route truck traffic away from residential streets. where possible
• Implement BMPs required by the SWMP including keeping vehicles in good working order to
minimize oil/fuel leaks on to the project site.
• Combine noisy operations to occur in the same period
• Conduct pile driving and other high-noise activities dunng daytime construction. when possible.
Public notification of high-noise activities will be provided as part of public outreach
• Develop traffic management plan to include:
• Maintain traffic flow during peak travel times by minimizing lane closures, if possible
•Coordinate with emergency service providers to minimize delays and ensure access to
properties
• Use s1gnage. television and radio announcements to inform and advertise timing of road closures
• Dunng peak travel times, keep as many lanes as possible open by temporarily shifting lanes
within the existing framework of the roadway
• Develop public outreach and public information plan
• Develop method of handling traffic
• Estimate work zone delays and mitigation strategies
• Public information and involvement pnor to and during construction This will include an
informational meeting to be held prior to construction to discuss construction details and
mrtigations measures During construction, updates will be provided, as needed
• Coordinate Proposed Action construction with local agency construction and local site
development activities
• Coordinate with utility providers during final design and construction to ensure appropriate
relocation and avoid interruption of service
• Conduct locator services and potholing during preliminary and final design to provide more
accurate information on underground utilities
• Develop designs to relocate the utility with the utility company or public utility department, 1f
relocation 1s required
• Provide design of utility ad1ustments to the affected company or public utmty department for review
• Coordinate proper detours and advance notice with service providers to allow delivery of
uninterrupted utility service during construction
• Coordinate new facilities with relocation or reconstruction of facilities associated with the Proposed
Action
Page ES-23
1·7013Z'd Avenue Interchange £nv1ronmental Assessment
How has the public been involved in the l-7013'rd Avenue interchange project?
An extensive public and agency involvement program has been conducted to provide updates
on process. design, and analysis, and to receive input on the development and screening of
alternatives. In accordance with COOT Policy Directive 1601 -Interchange Approval Process
(COOT 2005a), the public and agency involvement programs for the System Level Feasibility
Study and the EA process were integrated. The program included community presentations to
local neighborhood groups, meetings with local, state, and federal agencies, and a series of
open houses with the general public.
Key elements of the public and agency involvement program included:
• Four open houses were held with the general public at key points in the process to provide
information on the alternatives development and screening process. Notification of the
meetings was provided through a variety of methods, including invitation letters, a press
release to local media outlets in Denver and Jefferson County, direct phone calls, project
flyers, and paid advertisements in local media outlets. The August 17, 2005 Open House
served as the public scoping meeting for the EA.
• A series of agency scoping meetings were held with local, state, and federal resource
agencies, local municipalities, and COOT Environmental Programs Branch. A project
scoping meeting was held on July 26, 2005, and a supplemental project scoping meeting
was held on August 11 , 2005. A separate scoping meeting was held on August 29, 2005
with the COOT Environmental Programs Branch, and a scoping and data gathering meeting
with Jefferson County staff was held on September 15, 2005.
• Numerous community presentations and meetings with local neighborhood associations and
business groups were held to address concerns and field questions on the project status.
• A telephone project hotline at (303) 376-8394 was established In March 2005 to provide
individuals and groups with the opportunity to leave a message for the project team. All
messages were recorded and responded to with a goal of two working days response time.
• A website was established on March 29, 2005 to provide public access to information on the
project. including questions and answers, alternatives development, screening, refinement,
and changes made based on public comment. The website address is
www.cabwheatridge.com.
• Regular coordination/progress meetings were held approximately every four weeks with the
Project Committee to provide a forum for discussion and guidance in the decision-making
process. The Project Committee included representatives from the FHWA, COOT Region 6,
COOT Environmental Programs Branch, Colorado Governor's Office, Jefferson County, City
of Arvada, City of Lakewood, City of Wheat Ridge, Coors Brewing Company, and Cabela's.
• Many small group meetings were held with neighborhood groups, school groups, and other
interested parties to discuss various aspects of the project.
Page ES-24
1-70/JL'd Avenue Interchange Environmental Assessment
How will the proposed improvements be funded and when will they be constructed?
Estimates of the probable construction costs for the various transportation improvements have
been prepared as part of the EA to evaluate the alternatives considered and to establish project
implementation requirements. Unit prices from recent and historical data for similar projects has
been used, along with quantity estimates for major work items.
Figure ES-8 illustrates the Proposed Action and other transportation improvements and their
associated 2006 construction cost. The total transportation improvements are projected, in 2006
dollars, to cost approximately $113. 7 million.
The City of Wheat Ridge, Jefferson County and COOT are committed to the funding and
implementation of the Proposed Action and other transportation improvements (see Table
ES-3). This commitment can be demonstrated by the following facts:
• Some of the improvements have been approved and cleared for construction under
separate EA or Categorical Exclusion processes (1-70/SH 58 interchange; access for
Youngfield widening, and 401h Avenue underpass in 1-70 right-of-way)
• Funding has been obligated per the current Statewide Transportation Program (STIP) for
portions of these improvements (1-70 I SH 58 Interchange)
• Youngfield Widening is currently under construction
• 1-70 I SH 58 Interchange with the 40th Underpass is currently being advertised for
construction bids
In addition, funding commitments have been obtained from the developer(s) by the City of
Wheat Ridge to assist the City in the implementation and cost of the Proposed Action
improvements.
Table ES-3 Project Implementation Responsibilities
Improvement Responsibility
SH 58/Cabela Drive Interchange• Developer(s)
1-70 I 32"0 Interchange• Wheat Ridge, Jefferson County, Oeveloper(s) and COOT
Cabela Drive, 32"0 to 40"' Avenue• Wheat Ridge
1-70 I SH 58 Interchange COOT and Jefferson County
1-70 I SH58 Phase IV, 4401 and Ward Road COOT
Youngfield widening Wheat Ridge
4001 Underpass at 1-70 Wheat Ridge
Cabela Drive, 40"' Avenue to the proposed Wheat Ridge
development north of Clear Creek
• Proposed Action improvements
PageES-25
1-70 / Jlnd Avenue Interchange Environmental Assessment
~ :; .:;;
~
~ 44thAve.
Clear
~
North
LEGEND COST
PROPOSED ACTION IMPROVEMENTS
= SH 58 Interchange S12.1M
= 1-70 / 32nd Interchange with Hook Ramps S27.6M
= Cabala Drive (32nd Ave. to 40th Ave.) $3.2M
OTHER IMPROVEMENTS
11 I I I
.. 1·70 I SH 58 Interchange S35.3M
I· 70 I SH 58, Phase 4, 44th and Ward * $20.0M
• Youngfleld Widening S2.7M
.. 40th Underpass SS.SM
Cabala Drive $7.0M
(40th Ave. to Development Area North of Clear Creek) * Proposed Action adds additions/ lanes at 44th Ave. snd Wsrd Rd.
OS. I 5, I 0/06
I
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m ~ ~ Ill
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• "1
5: I::!. ~ Ill
~
32nd Ave.
Ped
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fHWA • Colo .. do O.pu1,,,..,1 o(T,,.,,_rt.ilon • City ol Whffl Ulgt
Applewood Center
~ 5 :::i
~
27th Ave. Figure ES-8
Transportation Improvements
Cost Segregation
Page ES-26
J-70/32'1d Avenue Interchange Environmental Assessment
During the EA process, commitments have been made to the public and local agencies that the
necessary improvements as required for opening day traffic will be in place prior to the opening
of the development. In support of this commitment, the City of Wheat Ridge City Council, as part
of the development plan approval process, has stipulated that the I· 70 westbound hook ramps,
the 40th Underpass, widening of 32nc1 Avenue, Cabela Drive and the SH58 Interchange
improvements must be in constructed prior to Wheat Ridge issuing a Certificate of Occupancy.
Figure ES-9 illustrates the anticipated construction phasing and implementation of the
Proposed Action and other transportation improvements. The Youngfield widening project is
scheduled for completion by November 2006. The 1-70/SH 58 Interchange is anticipated to be
under construction by January 2007 and has an estimated 2-year construction schedule. COOT
anticipates that the majority of the work can be completed within 12 months, with the eastbound
1-70 to westbound SH 58 flyover ramp requiring up to 2 years to complete. The proposed 1-
70/SH 58 improvements by COOT at 441h Avenue and Ward Road (which would include the
Proposed Action lane additions at 44lh Avenue and Ward Road), and the 1-70 Proposed Action
eastbound hook ramps at 271h Avenue are not currently required and will be delayed until no
later than 2030.
Page ES-27
1-70 / 31nd Avenue Interchange Environmental Assessment
~
North
LEGEND
~ 5' -< ~
(/) ::-
PRIOR TO PROPOSED DEVELOPMENT OPENING
= Proposed Action lmprovement.s
= Local Agency Projects
Clear
.. 1·70 I SH 58 Improvements (except Flyover)
6 -12 MONTHS AFTER DEVELOPMENT OPENING
I I I I I = B 1·70 TO WB SH 58 Flyover
BY 2030
.. Proposed Action Improvements
= 1-70 I SH 58, Phase 4. 44th Ave. and Ward Rd.
05·1S. 10/06
44th Ave.
m §-~ IC)
lb
~
27th Ave.
32ndAve.
FHWA • Colon1do 0tpAr1nwnl olTr.....,...Wlon • dty ol Whut Ridp
Figure ES-9
Transportation Improvements
Construction Timeline
Page ES-28
COLORADO DEPARTMENT OF
TRANSPORTATION
REEVALUATION FORM
OrtgNI NEPA
Approv.a Date:
2/21/'l.007 • FONSI
Due lo fanling, Ind c:anMructlon pMling. .. I-~ Aw "*'ct.191 pnifec:l w dhldld lnlo a ..... ol
Blmellla n ~(EA Aw I end I (Slcllon 2.4 of h I-~ AV9nUe ~ FONSf).
The poflcl beiv ~under .. AMvalullion lncludel ............ lo emnd Cabela om. north lrom h Y~ s.vlce Road Ill 32M Aw ID lhe llllilfw:tlon ol lhe 4'0lh Slntet undlrpMa m Youngleld Street. Thia
work II an element ol h EA Phw I of b l-7CW2"" Avenue lmen:hlnge prajec:L
The taloMlg ....... af lw &-70t3PI' A_..~ EA proflct have been CGnlllUctlCt
• Allccllon ol the Cl8er ON9k Tr91 lo .. IOUl'I and gra......., ol lw a.rc...t Tr.I wlh the
Burlnglan Nodhem S.. Fe (8NSF) railway 1p1r wYlng 118 Coen Pin (pelt af 118 Slatl Highway 511 (SH
681 / Clbela Drive lnlltdwnge) (EA Phale I): and
• Conllruction ol llne Mlcleioi11 .. Ward ftod44• A..,... (EA Phw I); Ind
• 32"1' Aw lmpror.wl•lla: Wright Court to lnun Court, Wheat Ridge, CO (EA Aw I). A Aeevaludon
W COi ....... lortil wadt.
In ecdlor1 lo h ~ AlllrnalWe, the Clly of Wheel Ridge appllld lor and r9CIMd ippfOVll lo CGnlbuct a ..,._ or local agency praflctl wNc:tt Included:
• CanDuctlon ol lhe 401" Av.nue undlrpma ol 1·70 (c:anuruct8d M a Local AfllJttey pnifect);
• Wldlrq of y~ Slleel tram. Avenue ID 44" A ... (c:onatrud9d .. a LOC8l lq«w;y poject).
The folc*ng a.me.a ol h 32"' A_,.70 lnllft:hange have nal been CCNlruclld:
• I-~ A_... in1M:t'91191 (Mlllound hook r.mpe) (Aeev8lullion "-II)
• 1-7D13P' Avenue lnlen:hange (wllound hook....,., (Rev91Ulllion Phue Ill); and
.• SH. 58/Clbela OrtYe ~191 (AMvlluMlon l't-.111)
ot Profect dy Adwnmct A new alV••ld lo buld Cllbela OrtV9 flan Youngllld •
Avenue lo h 4CJll Aw WICWp111 (Reewhielon Phw f). The Nmalr*1g eam.ita ol Ree¥llluallan Phw II and
Phue II wll be COftltruc:e.d at a ..._ dllle, and AMvalUldiorw wl1 be conduclld lo -h lmpldl and ldenllfy
mltlgatlonl for each Phae. a..a lo"' transpoltatlon lmpacl8 from each ol lw •lbeeqlllnl Phlm d lrigglr the
need for ln1prowrnenll and • be anllyZ9d ~ the Reevalumlonl.
Dete(•) of Prtor ~: 32"19 Aw lmproo.wnenls, Wrtght Caurt to er.un Court, Whut Ridge, CO, dMad
3122112.
I. Document Type
0 Cal9gorical Exduaion (CE)
181 EnWonmental Asseament (EA)
181 Filding of No Signft:ant ln.,.m (FONSI)
0 Draft Environmental Impact Statement (DEIS)
0 Anal Envtronmental lmplld Statement (FEIS)
0 Supplemental Environmental lq>aCt Statement (SEIS)
0 Record of Oedlion (ROD) Attachment 2
O Other (such as: local funding, e&c.) _____________ _
COOT Fonn # 1399
II. Reason for Reevaluation
181 Protect Is proceeding to the next major approval or action (23 CFR 771.129(c)]
181 Profect changes 1uch u laws. policies, guidelines. daign. enWonrnefUI eetmg. impms or
mlligdon (desaibe):
• In 2015, the FHW NCOOT noise regulations and evaJualon methodology were changed.
The noise Impact ........n wl need to be updated.
• The Amertaln Society for Tedng Ind tMt9rillll (ASTM) E 1527-05 Standard Pr.alee for
Environmenlal Sle Auasmenta and US Environmental Protection ~(EPA)
&.ndarde and Pl'lldk:el for aJI Apptopriase lnqWia (AAI) lnclcate lhat haDrdous man.I
wessmeru muet be conducad or updllled wfthk\ one yur prior to the ma. of acqmlliDn
of property. The Moclfied Phase 1 EnYironmenlaJ Sita Al .. ....m wll need to be updated
to reflect currMl conditions In the project .,.._
181 GrMtmr than thtH yww have lllapeed 1ince FHWA'1 IPPfVYAI of the DEIS (23 CFR 771.129(a)]
or FHW A'1 lut major approval action for the FEIS (23 CFR 771.128(b)]
D Other.
Distribution: Edition I 2 (06-09-2011)
RPEM (origlnl~: copies k> Ptojec:t MIMger, Region Fight al Way (I PON~.
Envlronm..ul Progrmms Br8nch, Centrll Fiia, end F.s.r.i Highway AdrNnlattallon
COOT Form I 1399
Conclusion and Recommendation
181 The above environmental docwnent has bHn rHYBlualed as raquired by 23 CFA 771.129 and
It was determined that no aubstantial changes have occurred In the aocial, economic, or
environm.ul impacts of Iha proposed Ktion lhat would 1ubltantialy Impact the qualty of the
human, socicHcanomic, or natural enWorment. Therefore, the orlgNI envtronrnentaJ
document or ce de9lgnatlon ,..,.. vdd for .. proposed .ction. It ii rKOfTlnellded that the
protect idetd"eed hefH1 be mwnc.d lo the next phae of project dewlopnent. A summary of
the review ii documet'99d in Section IV.
0 The above documenl t. been rMYllluated u raqund by 23 CFR 771.129 and
It wa the · t document or CE designation II no longer valid or more
~ Z . M !6
Distribution: Ecltion I 2 (06--09-2011)
RPEM (original); copfee to Protect ...,.Olf, Region ,_. ol W111 (If PON l'lql*9d).
Erwlronmlfill Pf09'M'l 8ranch, centr8I Fiii, end Federal~~
Date
{o -z f-1 <~.
Date
COOT Form # 1399
Ill. Evaluation
0 Level 1: Less than lhrae years since last major step to advance the action ( e.g. approval d
NEPA document. authorty to undertake final design, authority to acqul,. significant portion of
RON, approval of PS&E} Md there are no chMget In project scope, environmerul conditions,
envit'onmentaf impads or regulations and guidelina.-OR -The document being re-evaluated Is
• programmatic C8lagoricaJ Excluston regardlese al time since the .... major ltep to advance
the action (as long as the project would atil be coventd by a programmatic Categorical
Exclusion). All dacilO. In the prior NEPA documenl remain vald. No FHW A concurrence la
raqWed. Note to file and to distributJon below.
0 l.8V812: l.Ms than lhrH YMl8 A1C8 last mmjor step to advance action end ,_. .,. only minor
changes In the project scope and/or updates or explanation needed for one or men resource
areas. FHWA concunence le reqund.
181 Level 3: More than three years since last rnalor step to advance action and there are onty minor
changes In the profect scope and/or updat• or explanation needed for one or more resot1ce
arau. FHWA c:oncunwa le required.
0 L8Y9I 4: Major changes In project scope or enWonmental c:ommllrnenls, or for EISs when
greater than three ye•• have elapeed since the last major project action. Updates or new
1-.dl• maybe required. A Levet 4 Rffvafuatlon may requite a separate documenL FHWA
concurrence Is requked.
11111 1 1n JI~~ I 11r Jr r 1 I ~ ·.': i : . . tin
J t I . . ~ fO I ·if J . . , I I s ,.I ~ f~l~I
a!( It I ' I 'l l!ll f f if i fff f f f fffff f i f i ·i ffi f = I f 11 i
. f !'If I
I ~ 1~
fl f lflfl f If lflfl f I f I if lflifliflifl~I if I if I if I if I f lflflfl f I !I I ( H)
i :: ii :: ooo i i -ioooo I :: :: :: :: ~=s ~ if''" -:::r --:::r :::::: ---:::::::: :::r :::r :::r :::r :::::r:: -
:: ! :::: ~ ::::~ :: :: I :::::::::: ! ! ! ! !:::: ! I" 1' -UI UI GIUI °' UIOtUI OI UI UI UIUIUIOIUI Ill UI OI UI at UIUIUI UI I I~
in111rn1111 1 n 11111 ·n ·1111 :1 :11111· 11 !h
I 111 f 1111 I I 111111 11 I' ~1 111 I .. ' r I' rr r r rr r r n n n I' r Ir r r r I 1 .. 1 $ t 1 J a JU n a a nun . f. f i 1 1 u . R ~
I
DE8IGH ALTERATIONS:
Documn t:hano-fO ptojllct «tJ11e and ordMi;r! t:thdll: TheM.,. no deslgrl aleria c:t.ngea.
LA: :
.
Forlllfnl t:h«:Dd•"-'fll«I ~ -.. .,,.,.., """""Mtd.a~IOmlc ..,....,..,,. ..... and,,..,
lac•tonc:.ml ""*",,_,,now emt
• WllllrdtlNl-..ofU.S.
o Most of h ..... In the currlnl (......, 111.ty ....... not wlll*' lhe Clblla'I Odw loolpftnt.
Thul, .,.,.. lo....,. aeoct.eed with rmetway imprcMmenll.,. mlnknll. n.r. .. two
Wllllndl (W.._.. M Ind L), •ICOITlll•nlng ~ 0.05 mn, lhat.,. wil1ln ..
epproldmale lootprird of lie l"Oldw9y ~!IL I II_.... lhlll ttw pcrion of ltw cur .. .-
..,.. h Aldy ... would be IOllly lolt a a,_. of 1'8 poject. See ~II G tor men .....
• llnrlrneO'Endangered Speciee
:noN:
o a.c.. of tw lla1aed welllr1dl on.,. Ill,._. II a poellbMy torttw p1111nce of h9bal for
........ ..., claanenl9d In .. EA.~ ....... &dkely, .. project could,_. In
ln.,.m lo c:cMmlOll gerter..,... andlor "°"'9fn leap9ld frog. hy..,. ~ ..... of ....
..... ... .,_,documented In .. Hidy .... but ... could be pl9Wtt In and.,.., .... .
See~ Eformoredltll.
ml Al mlllgallon commllmenl(1) from NEPA docunwwl ramaln the wne (c:llc&m llalua and CClf11Jlllnce):
Al niQgallon me.... ldenlllied In the EA ,,,_,.,.~lo the Phase I w remeln tw wne.
0 Wlgltlan conrnllmenl(•) haV9 ctwlgld from NEPA documR.
IV. Publlc/ A
A pubic lnfonnallonll/open house meelng was held Oeoember 9, 2014 at lhe Wheat Ridge RecrNllon Cent8r from
5:30 to 7:30 pm. The meeting updllfld b ~ on the llnJS of lhe PfO)ed, Md Included a pteMnldon, wtti1 w
on h of Whal ~, wabllle.
osed Action
VI. Addltlonal Requirements for Proposed Action
0 An SEIS is required, because the changes to the proposed acUon wil result In significant
inpacts not evaluated In the EIS.
0 An SEIS Is required, because new Information or circumstances win result In significant
environmental Impacts not evaluated In the EIS.
0 A revised ROD is required, because an alternative fs recommended that was fu11y evaluated in
an approved FEIS but was not identified as the preferred alternative.
0 Appropriate environmental study or an EA Is required, because the significance of new Impacts
Is uncertain.
0 A revised FONSI is required, because an altemallve is recommended that was fully evaluated in
an approved EA bul was not identified as the preferred alternative.
0 Other~~~~~~~~~~~-
18l None
VII. Permits U dated o lonal
NCtlon,. orJtY twquhd ~ .. Md ... al• ptojed .. goltJJ '° CDnlCrUCfian.
u.t perrnlS.
-COPHE -Water Quallty Control Division (WQCD)
o Colorado Discharge Pennit System (COPS) atonnwater perml ueodated wtlh
conl1rudlon activity
o MS4 Phue I Area -New DeYelopment and Redevelopment Programs (Folow
requlramenla of the altfes of Lakewood and Wheat Ridge, COOT, Jaffarson County MS4
dllctwge permfta
-COPHE· Hazardous Materials and Waste Mallllg9fMnt Division (HMWMO):
o Permb for regulated hazardoul waate management actMty under the RMOurca
eone.vatton and Recovery Act (RCRA)
o May require facility approval .
o Coordination and approval for handing such materials and a management plan
• P~lne and Hazardous Matariall Safety Admlnmtratlan:
o Pennis for regutaled hazardous material& management under the Hazardoul Maa.tals
Transportation Ad
VIII. Attach.nents Usted
List perm/II. ,,.... bllclq/rDund .... -
THE FOLLOWING TECHNICAL REPORTS HA VE BEEN UPDATED TO ADDRESS
PHASE I:
Attactvnent A. Air Quality Technical Report
Attactvnent B. Hazardous Materials Technical Report
Attachment C. Noise Technical Report
Attachment 0. Noxious Weeds Technical Report
Attachment E. Special 'Status Species Technical Report
Attachment F. Vegetation and Wiidiife Tedvllcal Report
Attachment G. Wetlands Technlcal Report
Attachment H. Wetlands Delineation Report
Attactvnent I. Hfatorlc Reaources Memorandum ,
Attactment J. Screening for Environmental Justice Commtntles
Attactment K. Vfsual Impact A11eament
Attachment L Clear Creek Crosaing Phase I Plans
J. Tbllpqa ... aFednla1X111()'elarna) " •
2. 1\ls~fitlCllepialb: ... blor~CB ..... _
3, CDOT _ dllfpplllll clllld_ wannllra•cd laael~dll Charm Actm nqukod la Block B oftldl Ina.
c. , ........ ad AddWalal Rtqalnm ....
~ !!!' ......... ~ ...
LI 4CMPmall
CJ 40J CatUlatloa
oSQl CartUla1don
0 C'omt Dnllarfq PamJt
0 CU8lt Seanawater Permit
::J Pb>dplafal DowlopmGld PllnDJc
~.*'!' ... ...,.._ lmODMme
U CO Plrb I: WUdUr. SD .. 0 aw ..... ,....
[J APCD BrldplSlnlctuna Demo Pamlt. ___ _
0 lllmdoul ?.Wcrfllt (Plmo II)
CJ '<0 Olmplltloa a Olbcr
u~
~ fv '({ti.fl ~~&vJ/UN ,
U cJannca ad permit nqulr...a b'dU project haw a.. campltt.l md ml" ..... ID:w.t ID tbt _ llt of plau ..S
IOClao.tioaa dllld _____, Tho lpplopl .... docamlalldan II DD Ille la dlo ..... oftlot.
a>or ........ lld
~ -~ ~ ? ~ ~ ~ . .
~j i i~ i~lI i Ii ilJ'l·~ t1i ~ l tJ I fl > rt f ( t &(
!r (g!I ! ti 11Jir II
l! I r tl~t I ltr litl! ~! -
D l irl,_q i , Ir .... a: -o
r·l j ~: rre i ii 111e1 ,~ ie
o _ t i l ~ t f rl: J la j If;;-:;; f i" . • • "' f a Ii' ft J "
B r -1~-1 &~ ~~ 1· a. • :!11 t I 1. .. , 1( a Je i 1~0 1r 3 Pl 1rli Jt ii
r o SI i ~ ~ fl !!~~ i~ ( ~ ,,
s I i -e. •t ~i B ._ .
. -l t ~I~ ~ ! *lif u
I . 8f ~ ~ i titl 1'1 l I fiJ i 1itJ 1'
.... ~ '~ ~ # r City of • "~Wheat&_dge ~OMMUNllY DEVELOPMENT
TO:
FROM:
THROUGH:
DATE:
SUBJECT:
ISSUE:
Memorandum
Mayor and City Council
Kenneth Johnstone, Community Development Director
Zack Wallace, Planning Technician
Patrick Goff, City Manager fiJ...
June 16, 2016 (for July I gih Study Session)
Residential Development Standards
ln response to citizen feedback received by City Staff and City Council members regarding the
impacts of new construction, staff found it timely to compare City of Wheat Ridge development
standards (such as maximum height and setbacks) with the development standards of
neighboring municipalities. Thjs comparison was meant to infonn staff and Council on ways in
which the City of Wheat Ridge is, or is not, in line with its neighbors. Of pa11icular interest,
based on staffs interaction with the public, were height and setback standards and a related
concept known as 'bulk-pl ane' standards.
The 2009 Envision Wheat Ridge Comprehensive Plan values Wheat Ridge's existing residential
communities. A goal of the comprehensive plan is to maintain and enhance the quaJity and
character of these neighborhoods. The comprehensive plan also calls for increased housing
options, and encourages investment in existing neighborhoods. The Neighborhood RevitaJization
Strategy also encourages reinvestment in Wheat Ridge neighborhoods, recognizing that Wheat
Ridge's housing stock tends to be older construction that does not adequately meet the demands
of the modern bomebuyer.
PRIOR ACTIONS:
Setbacks
In 2003, Ordinance No. 1313 amended Chapter 26 of the municipal code pertaining to
development standards in the residential zone districts. The ordinance struck several footnotes
from the development standards in addition to the miling the following minimum setback
adjustments:
R-1 A zone district: Minimum side yard setback increased from 5' to IO'
R-IC zone district: Minimum rear yard setback decreased from 10' to 5'
ln 2009, Ordinance No. 1448 an1ended Chapter 26 of the municipal code concerning residential
development standards. The ordinance reduced front yard setbacks from 30' to 25' in most zone
districts except R-1 , which remained unchanged. Also, the front yard setback in the R-J C zone
district was reduced from 30' to 20'. Tills ordinance also modified setback requirements for
major and minor accessory buildings.
Study Session Memo -Residential Development Standards
July 18, 2016
Page2
Height
Since incorporation in I 969, the maximum building height in all residential zone districts has
been 3 5 feet.
A search of Planning Commission and City Council meeting minutes indicates that height has
occasionally been introduced as a topic of discussion. That being said. no concrete paths forward
were ever established based on these brief discussions. The discussions around height largely
stand in isolation, and are sporadically fo und throughout Wheat Ridge City Council and Planning
Commission history.
FlNANCIAL IMPACT:
No direct impact.
BACKGROUND:
Development standards for residential zone districts in Arvada, Denver, Edgewater, and
Lakewood were anal yzed along with Wheat Ridge's development standards. These cities were
chosen for a close examination due to the likelihood that development patterns, housing types,
and current housing demand would likely be similar to those found in the City of Wheat Ridge. It
should be noted that the entire Denver zoning code was not reviewed due to its length and the
city's diversity of zone districts and housing types. Rather, those zone districts in Northwest
Denver, nearest the City of Wheat Ridge, were analyzed as they are likely to be the most relevant
to Wheat Ridge.
Allachment A details the residential zone districts analyzed in each neighboring municipality and
the development standards required for each.
Setbacks
Wheat Ridge is largely in line with other researched municipalities on setback requirements.
Minimum side yard setbacks of 5' and rear setbacks ranging from 1 O' to 15 ' are not uncommon
in various zone districts throughout Arvada, Denver, Edgewater, and Lakewood. One exception
in Wheat Ridge is the R-1 C zone district, which has a much more permissive rear setback (5')
than surrounding municipalities.
Arvada rear yard setback minimums range from 1 O' -15'.
Edgewater has an 8' rear setback for properties on alleys, and a 15' or 20' setback for properties
not on alleys.
Denver has a 12' rear yard setback for properties on alleys, and a 20' setback for those not on
alleys.
Lakewood has a L5 ' rear yard setback for all residentially zoned properties
Height
Upon review of neighboring municipalities' height allowances, we find that Wheat Ridge is not
out of line with its allowed height; similar zone districts in Arvada, Edgewater, and Lakewood
also have a maximum height of 35 feet. Denver has a maximum height of 30 feet for the
residential zone districts that are most adjacent to Wl1eat Ridge.
2
Study Session Memo -Residential Development Standards
July 18, 2016
Page 3
However, where Wheat Ridge differs from its surrounding municipalities is in what could
generally be called 'bulk plane' standards. Wheat Ridge currently has no restriction on height
other than a 35' maximum. Every other city researched has additional mechanisms in place to
scale back the massing of residential structures as they reach taller heights. Please note that
Wheat Ridge's Mixed Use development standards call for upper story setbacks when adjacent to
residentially or agriculturally zoned properties that contain single-family homes. Additionally,
various non-single family structures in the R-2, R-2A, R-3, and R-3A require upper story
setbacks. The findings from some neighboring communities demonstrate more widespread bulk
plane restrictions, as demonstrated below:
I. The City of Arvada enforces height restrictions for multi-family residential or nonresidential
structures constructed within l 00 feet of a single-family detached or attached structure on an
adjacent lot. This restriction comes in the form of a bulk plane or an overall height
restriction. The bulk plane begins on the property line and extends across the property at a
45-degree angle. The overall height restriction limits the height of a structure to be no taJler
than the adjacent single-family/two-family residential structure.
Figure I: Arvada Transitional Height Control GrapWc (Source: Arvada Municipal Code)
2. The City of Edgewater enforces a bulk plane requirement on all properties. For properties
zoned R-1, R-2, and R-3 (lower intensity residential uses), the bulk plane begins 15 feet
above the property line and extends over the property at a 45-degree angle. For properties
zoned R-4. C-1 , C-2, RC-I , and R-PD (higher intensity residential and commercial uses) the
bulk plane begins at 35 feet above the property line and extends over the property at a 45-
degree angle. Where a higher intensity residential/commercial property abuts lower intensity
residential, the bulk plane begins at 15 feet above the shared property line. The bulk plane is
measured from each property line.
3
Study Session Memo -Residential Development Standards
July 18, 2016
Page4
~ I
::J I • .._,
~ I ~: o.. I
R· 1, R·2. Of' R·3 zone cflStflC1
Figure 2: Edgewater Bulk Plane for Lower Intensity l'se (Source: Edgewater Municipal Code)
RC·l, R-", R·PO, C·l, a tone districts R· 1, R· 2. or R· 3 ~ district
Figure 3: Edgewft tN' Bulk Plane for Higher Intensity Uses (Source: Edgewater Municipal Code)
3. The Cit y of Denver (western most zone districts) enforces bulk plane regulations. For
Denver's urban residential zone districts, which make up the majority of areas bordering
Wheat IUdge the bulk plane begins at 17 feet above the property line, and extends over the
property at a 45-degrec angle. For Denver's suburban residential zone districts, borderiJ1g
Wheat Ridge along Harlan Street between 4gth Avenue and 1-76, the bulk plane begins at I 0
feet above the property line, and extends over the property at a 45-degree angle. The bulk
plane is measured from the side property lines.
4
Study Session Memo -Residential Development Standards
July 18, 2016
Page 5
Figure 4: Urban House Diagram. Letters C and D represent the bulk plane vertical height requirement,
with a 45 degree angle extending over the property, as is evidenced by the 1/1 angle over Letter C.
(Source: Denver Zoning Code)
4. The City of Lakewood enforces a transitional height zone. This zone applies to structures in
the City's Mixed Use, Commercial, or Industrial zone districts whi ch are adjacent to
Residential zone districts. Portions of structures within 75 feet of residential districts may
onl y be as tall as the maximum allowed height in the residential zone district. Additionally,
portions of structures within 125 feet of residential districts must demonstrate compatibility
through the use of bulk plane, buffering, parking orientation, or other site-specific conditions.
The code is not specific as to which compatibili ty tool should be used in specific situations,
and compatibility is determined on a case by case basis.
75 ft. Tron.sitlon
Figure 5: Lakewood Transitional Height Diagram (Source: Lakewood Municipal Code)
Takeaways:
Arvada and Lakewood utilize transitional heights for higher intensity uses (multifamily
and non-residential in Arvada and mixed use, commercial and industrial zones in
Lakewood) adjacent to single-family residential structures, which restrict the height of
adj acent mixed use, commercial, and multifamily structures. Edgewater and Denver
5
Study Session Memo -Residential Development Standards
July 18, 2016
Page 6
utilize bulk planes for all residential structures.
• Arvada requires the higher intensity structure be no taller than the adjacent
existina: single-family structure. Arvada also allows a bulk plane beginning at the
property line at ground level to be used in lieu of the height restriction.
• Edgewater and Denver utilize a 45-degree bulk plane requirement, beginning at
varying vertical heights above the property lines. Their regulations are more
pennissive than the Arvada bulk plane, which begins at 0 feet above the property
line.
o Denver measures bulk plane only from the sid e property lines.
o Edgewater measures bulk plane from all property lines.
• Lakewood limits the height for higher intensity structures (namely those in mixed
use, commercial, and industrial zone districts) to the allowed maximum height in
the adjacent residential district (35 feet in most instances).
RECOMMENDATIONS:
I. Consideration of a residential bulk plane ordinance
a. Allows existing maximum allowed heights to be reached, thus not drastically altering a
property's development/redevelopment possibility, while still respecting the established
community character by limiting the massing impact of new construction.
b. This may be seen as a compromised approach consistent with the Comprehensive Plan
which calls for respecting com.mwlity character while also encouraging redevelopment
and investment in the Wheat Ridge community.
2. Consideration of increasi11g the rear yard setback requirement for the R-1 C zone district and
possibly other residential zone districts.
ATTACHMENTS:
1. Attachment A: Residential Development Standards
6
Attachment A: Development Standards
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Attachme nt 1
~". 4 -~ ., City of • rv-w heat&_dge ~OMMUN ITY DEVELOPMENT
TO:
FROM:
THROUGH:
DATE:
SUBJ ECT:
ISSUE:
Memorandum
Mayor and City Council
Kenneth Johnstone, Community Development Director
Daniel Brennan, Chief of Police
Patrick Goff, City Manager~
July 8, 2016 (for July 18, 2016 City Council Study Session)
Residential Occupancy Limits
Municipal Code contains various provisions that regulate the maximum occupancy of all
residential dwellings. These limitations are contained within both Chapter 26 (Zoning and
Development) and Chapter 5 (Buildings and Building Regulations). Chapter 5 occupancy
limitations are intended to ensure public health and safety and prevent overcrowding. Chapter 26
regulations in general are intended to provide for high quality, quiet and safe residential
neighborhoods. Chapter 26 occupancy limitations are contained in several sections, but
generally are focused on the definition of a "family", including non-traditional families and
households.
Residential occupancy regulations are enforced in the first instance through the approval and
issuance of bui lding permits and certificates of occupancy. Subsequently, residential occupancy
limits are enforced through the City's code enforcement program, typically on a complaint basis
or upon a code enforcement officer's visual observation of such things as excessive parking of
vehicles or some other nuisance circumstance.
Occupancy limitations, while important for the policy reasons stated above, are often difficult to
enforce. When complaints are made alleging excessive occupancy of a residence, a code
enforcement officer (CSO) responds, often with support from a building inspector and/or a city
planner. However, when responding to complaints, it is also important to respect private property
and privacy rights. The City's agents and officers must generally obtain permission to enter and
inspect private property, absent a warrant or other court order authorizing entry without consent.
Determining who is residing in a dwelling unit can be difficult and time consuming. Ascertaining
familial status can also be difficu.lt, particularly as it pertains to multi-generational or other non-
traditional families.
Because of the importance of occupancy limitations, as stated, along with the enforcement
challenges and potential code inconsistencies, staff believes it to be important to bring these
Staff Memo -Occupancy Limits
July 18, 2016
Page 2
issues to City Council for discussion and direction.
PRIOR ACTIONS:
The City most recently modified its occupancy regulations in 2012. Section 26-638 was added in
an effort to adopt a single ordinance concerning occupancy li mits for residential units that would
clarify occupancy limitations and make it more efficient for code enforcement officers to cite a
single source. The Planning Commi ssion recommended approval of the ordinance adding
Section 26-638 on July 19, 2012 and City Council approved the ordinance on September 10,
2012.
FINANCIAL IMPACT:
No direct financial impact is anticipated if any changes are made to the City's residential
occupancy regulations in the context of zoning requirements and property maintenance
requirements. If the City were ever to adopt new licensing or registration requirements in regard
to rental properties (discussed further below), the implementation and administration of a new
li censing progran1 would impact City staff time and resources.
BACKGROUN D:
As noted previously, residential occupancy regulations are contained in two chapters of
municipal code: Chapter 5 (Buildings) and Chapter 26 (Zoning).
Chapter 5 of the Code (Buildings) adopts the International Property Maintenance Code (IP MC)
by reference. The JPMC contains building code regulations pertaining to occupancy. Chapter 4
of the IPMC addresses "Light, Ve111i/ation and Occupancy Limitations. The pwpose o.(Chapter
4 is lo set forth these requirements in the code and to establish the minimum environment for
occupiable and habitable buildings by establishing the minimum criteria/or light and
ventilation, and to identify occupancy limitations including minimum room width and area,
minimum ceiling height and restrictions to prevent overcrowding. This chapter also provides.for
alternative arrangements of ivindows and other devices to comp(y with the requirements for light
and ventilation and prohibits certain room arrangemenls and occupancy uses. "There are
various provisions in this chapter, but to highlight a few:
• For 1-2 occupants
o Minimum living room space of 120 SF
o Minimum bedroom space of 70 SF
o Minimum bedroom space of 50 SF for each occupant thereof
• For 3-5 occupants
o Minimum li vi ng room space of 120 SF
o Minimum dining room space of 80 SF
o Minimum bedroom space of70 SF
o Minimum bedroom space of 50 SF for each occupant thereof
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Staff Memo -Occupancy Limits
July 18, 2016
Page 3
• For 6 or more occupants
o Minimum living room space of 150 SF
o Minimum dinjng room space of 100 SF
o Minimum bedroom space of70 SF
o Minimum bedroom space of 50 SF for each occupant thereof
• Various other provisions pertaining to light, means of egress, ceiling heights, access to
bathrooms, etc.
Chapter 26 of the Code (Zoning) includes the fo llowing references and definitions as it pertains
to the occupancy of residential housing units.
26-123 -Family. One or more persons related by blood, marriage, adoption or legal custody,
plus domestic servants ... , or a group of no more than three (3) persons who need not be so
related, living together as a single housekeeping unit. Five (5) people over the age of 60 ...
Notwithstanding the foregoing, a family shall be deemed to include four (4) or more persons not
related ... Jiving as a housekeeping unit.. .if occupants are handicapped persons under CVA and
FHAA ... "
26-204 -Accessory uses for residential districts. Rooming and/or boarding of not more than two
persons is allowed in all residential and agricultural districts on a contract basis fo r not less than
7 days.
Rooming/boarding is defined by the Code as "An accessory use to a dwelling, where in
addition to a family, as defined herein, not more than two (2) persons not related to the
fami ly are provided lodging and meals for compensation, either paid directly or indirectly,
and on a contract basis for not less than seven (7) days.
Note that this use must be secondmy, or accessory, to the principle use of the dwell ing as
a dwelling by the occupant(s).
Residential Group Homes -Residential group homes for children and the elderly are defined in
the code and allowed in all residential districts with minimal limitations. Residential group
homes for children are considered a use by right, without limitation on the number of children,
though the occupancy limits in tbe IPMC (see below) wouJd apply. Residential group homes for
up to 8 elderly persons are also allowed as a use by right in all residential districts. Residential
group homes for 9 or more elderly persons are reviewed as a special use permit and may be
authorized through that review process. Several years ago, some consideration was given to
amending those regulations to be somewhat less permissive; however, it was decided at that time
to make no changes to the Code.
26-608 -Bed a11d breakfast rooms. B & B rooms are allowed as a Special Use, again as a
subordinate use of a single-family dwelling, for up to four (4) additional sleeping quarters for
transient occupancy based on compliance with certain performance standards, including but not
lirruted to:
3
Staff Memo -Occupancy Limits
July 18. 20 16
Page4
• Minimum lot size
• Owner occupied dwelling
• No individual room cooking facilities
• Cannot also have rooming and boarding
26-638 -Occupancy Limits. Maximum occupancy of any dwelling shall be either: I) one
Fan1ily and not more than one ( 1) additional person; or 2) two adults and their
dependents, if any, and not more than one ( 1) additional person. Occupancy or occupy
shall mean the use of a dwelling unit or any portion thereof for living and sleeping
purposes by a person acting in any of the fo llowing capacities: a) as an owner of the unit,
b) as a tenant under an express or imp.lied lease or sublease of the uni t or any portion
thereof, c) as the dependent (defined) of such an owner or tenant, d) as a guest or invitee
of the owner, property manager, lessee or sub lessee of the unit or the dependent of any
of the same, if such guest or invitee stays overnight at the unit for a total of thirty (30)
days or more days within any twelve month period
STAFF DISCUSSION:
The C ity's Community Services Team has written 15 violations for occupancy limits in the past
five years. Two addresses have had more than one violation issued. There have been three such
violations written to-date in 20 16. In responding to these com plaints staff applies the adopted
codes pertaining to resideotja] occupancy (Chapters 5, 15 and 26).
As noted in the introductory comments, enforcing these codes in real world field situations has
its challenges. When these complaints are made, the reporting parties most typically will
complain about the number of vehicles associated with a residence, parking on unimproved
surfaces, the number of people who are associated with the property, other nuisance code
violations, or complaints regarding unperrnitted building or site modifications.
The investigation of these types of calls for service is similar to the investigation of a crime.
CSO's attempt to interview residents or the property owner. The CSO will immediately address
observable violations and will ask questions specific to occupancy, looking for statements or
indications that would support a determination that applicable ordinances are being complied
with or not. The CSO's questions generally focus on the number of vehicles associated with the
residence; who the registered owners of the vehicles are and where they li ve; the total number of
people and fami ly members residing at the location; observable modifications to the
structure/site that would have required permits; witness statements, etc. It is not unusual to ask
the property owner to consent to allowing the CSO to inspect the interi or; however, a resident or
owner will oftentimes decline such a request
It should be noted that often when complaints related to occupancy are received, the property
may have other nuisance code violations (trash, junk, parking of vehicles on unimproved
surfaces, etc. as discussed) that can be cited more swiftly and compliance achieved. Often these
4
Staff Memo -Occupancy Limits
Julyl8,2016
Page5
related code enforcement matters are at the center of the reason the property was brought to the
attention of the City's code enforcement team. Investigations involving the occupancy issue
more specificall y are challenging and require CSO's to comply with various Constitutional
protection. Certainly the changes made to 26-638 have given the CSO's a more consistent
approach to the definition of occupancy and some amount of clarity for enforcement in the field.
Finally, as mentioned above, many of the enforcement chall enges associated with occupancy
limitations are derived from the U.S. and State Constitutions. As with any other alleged
violation of the Jaw, building code and zoning code violations must be investigated and inspected
in a manner that respects the right of citizens "to be secure in their persons, houses, papers, and
effects, against unreasonable searches and seizures." ln practical tenns, this Constitutional
language generally requires that homes not be forcibly entered without consent, or without a
warrant or court order. As a resul t, any regulatory scheme concerning residential occupancy
limits will have the inherent challenge of gajning entry to properties for purposes of inspection
and investi gation.
RECOMMENDATIONS:
Mumcipal Code Enforcement, including residentiaJ occupancy enforcement, is an important
program that helps achieve City Council's strategic goals of providing for:
• Community/neighborhood building
• Choice of desirable neighborhoods
• More attractive Wheat Ridge
Municipal Code Enforcement, including issues related to residential occupancy, will always have
challenges:
• Some level of community resistance
• Important constitutional and other legal pro tections
• Limitations on investigatory authority
• Burden of proof standards
• Procedural due process protections
Staff would categorize the discussion into three main areas: l) property maintenance; 2) over-
occupancy of residences; 3) rental properties.
Property Maintenance
As noted earlier, many of the core issues surrounding perceived ''over-occupancy'' of dwellings
relate to other basic code enforcement/property maintenance requirements. Relative to issues
surrounding property maintenance, staff generall y feels that they have adequate code based
resources to enforce reasonable standards for community appearance and property maintenance.
The City has adopted the international Property Maintenance Code and has various other
standards relati ve to weeds, parking lot surfacing, screening of dumpsters, landscape
maintenance, and other nuisance matters. Those standards are buttressed with an admjnistrat1 ve
5
Staff Memo -Occupancy Limits
July 18, 2016
Page 6
citation and hearing process that has generally proven to be an effective and efficient means of
enforcement.
Over-occupancy of residences
If City Council has further concerns related to intensity of residential occupancy beyond property
maintenance/code enforcement, staff can give consideration to some regulatory options. As
stated earlier, based on the Chapter 26-638 definition of Occupancy, maxjmum occupancy of any
dwelling shall be either: I) one Family and not more than one additional person; or 2) two adults
and their dependents if any. and not more than one additional person. ln instances where
residents represent themselves as a relatively large "Family" this can result in relatively large
nwnbers of persons in any given residence. In instances where residents do not represent
themselves as a family this would all ow two adults, their financially dependent children and one
adruti onal person, resulting in perhaps a somewhat smaller number of persons allowed in a given
residence.
A quick analysis of the IPMC minimum room area requirements illustrates that theses minimum
standards would allow a relatively large number of people to reside in relatively small structures.
For exan1ple, six occupants could reside in an approximate 700 SF residence (150 SF living
room, I 00 SF dining room, 50*6=300 SF bedrooms and allowing 50 SF for a bathroom and 100
SF for a dining room).
Option l. lt would be possible to add mmimum room area requirements to the municipal code
that would be stricter than what is provided in the lPMC. For example, the City could require in
Section 26-638 (Occupancy) that minimum bedroom area size be l 00 SF per person (versus the
50 SF/person standard in the IPMC). A slightly different approach would attach minimum
residential dwelling sizes based on the number of occupants. As an example, one could establish
400 SF as a minimum unit size for up to two people and allow additional persons as an additional
I 00 SF is provided. Either approach would have the effect of limiting the number of persons
occupying relatively smaller residential units.
Further, staff could consider enforcing issues surrounding occupancy in the first instance based
on these new occupancy room area calculations and provide an exception to those standards for
persons that can demonstrate that they meet the defirution of a "Family" or are otherwise
protected by Federal Fair Housing laws. This would place the onus on a "Family" to provide
information allowing them to occupy a residence with a number of persons greater than allowed
by these new occupancy standards. It would be important to consider the public policy
implications and perceptions of making such a change and somewhat reversing the burden of
proof in these occupancy matters.
Option 2. As noted earlier in this memo, Section 26-204 of the Code allows Rooming and
Boarding as an accessory use in all residential districts. This allows the primary occupants of a
residence to take on up to two (2) rooming/boarding tenants, in addition to the principle
"Family" who are the principal occupants. To the extent that this provision may contribute to the
perceived over-occupancy of some residences. City Council could consider removal of thls as a
6
Staff Memo -Occupancy Limits
July 18, 2016
Page 7
permitted accessory use. The effect would be that the maximum occupancy terms of 26-638
would control, which allows only one such additional occupant. It should be noted that
regardless of whether this is an option Council wishes to consider, these two sections of the Code
should be modified to be consistent.
Rooming and Boarding provisions also have some relation to shared housing concepts that a few
of the larger communities in the metro area have begun to regulate. Airbnb is perhaps one of the
more familiar web-based sites that provides residential property owners with a vehicle to rent out
all or po11ions of their residences for variable periods of time ranging from nightly to weekly,
and even monthly. Depending on the model, a property owner could make an argument that City
Code permits these activities under the provisions of Rooming and Boarding. The status of these
types of properties fa lls into a bit of grey area in different sections of municipal code. Staff has
been monitoring thjs issue and gauging what if any code enforcement and nuisance impacts may
be occurring as a result of these types of faci lities in Wheat Ridge. If and when the City would
take a more active role in regulating, permitting or disallowing these types of activities, it is
important to be aware that it would create a code enforcement staffing impact for which the City
would need Lo be prepared.
Rental Properties
Over the last five to ten years, City Council has considered the policy question of whether to
implement a rental property registration and inspection program in some fa shion. In 2009 we
implemented a pilot program and conducted inspections of several of the City's larger multi-
family rental properties. Consideration was given to formalizing tills program, but ultimately, no
program was implemented.
To the extent City Council believes many of the code enforcement, property maintenance and
perceived over-occupancy issues occur principally in rental housing, it may be appropriate to
consider whether a registration/inspection program would be an effective means of better
managing the above stated issues for those properties. If so, this would require additional
research regarding various models and approaches to implementing such a program. Resource
needs would also require additional analysis and consideration.
CONCLUSION:
As noted previously in this memo, code enforcement is a challenging and complicated program.
The recommendations included in this memo represent significant policy changes worthy of
careful consideration by City Council. There are also likely olher options available for
consideration. Staff looks forward to Ci ty Council's ideas and feedback.
7