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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 :- ~ ~ ~ (I) 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., ". . . ' . , '""~ \._. - 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 I m ~ ~ Ill (/) !"'" • "1 5: I::!. ~ Ill ~ 32nd Ave. Ped Bridge )a. 5': ~· (/) !"'" ~ :::i :::i Qj• (/) ~ 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 t.t~lotS.:..,, Muimu.mlot --.... 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IO~ll~ ----s.soo 37.5% 10 s s IT/20' ...... 11 .. l1tlt!Or¥1 -~ ,_ ----!>SUO 6.000 SOO!! JO s· s· 12'/20 JO --U\.iottn ------°"""'' CSU DI )(1 -~ _ ... _ 6.000 37.S ... 20' s· s 11'/)0 1...Sno.i.n Dtf'l'ftf•S.SV f a,soo 50°" JO' 7 S' S' U'/20' JO . ..... 2..S\IOflc\ 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 2 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