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Home My WebLink About09-22-2025 City Council Meeting agendaAGENDA CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO Monday, September 22, 2025 6:30 p.m. This meeting will be conducted as a virtual meeting, and in person, at: 7500 West 29th Avenue, Municipal Building, Council Chambers. City Council members and City staff members will be physically present at the Municipal building for this meeting. The public may participate in these ways: 1. Attend the meeting in person at City Hall. Use the appropriate roster to sign up to speak upon arrival. 2. Provide comment in advance at www.wheatridgespeaks.org (comment by noon on September 22, 2025) 3. Virtually attend and participate in the meeting through a device or phone: Click here to pre-register and provide public comment by Zoom (You must preregister before 6:00 p.m. on September 22, 2025) 4. View the meeting live or later at www.wheatridgespeaks.org, Channel 8, or YouTube Live at https://www.ci.wheatridge.co.us/view Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City of Wheat Ridge. The City will upon request, provide auxiliary aids and services leading to effective communication for people with disabilities, including qualified sign language interpreters, assistive listening devices, documents in Braille, and other ways of making communications accessible to people who have speech, hearing, or vision impairments. To request auxiliary aid, service for effective communication, or document in a different format, please use this form or contact ADA Coordinator, (Kelly McLaughlin at ada@ci.wheatridge.co.us or 303-235-2885) as soon as possible, preferably 7 days before the activity or event. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL OF MEMBERS APPROVAL OF MINUTES None APPROVAL OF AGENDA PROCLAMATIONS AND CEREMONIES 1. Proclamation – Breast Cancer Awareness Month 2. Proclamation – Domestic Violence Awareness Month PUBLICS’ RIGHT TO SPEAK • Public may speak on any matter not on the agenda for a maximum of 3 minutes under Publics’ Right to Speak. Please speak up to be heard when directed by the mayor. • Members of the Public who wish to speak on a Public Hearing item or Decision, Resolution, or Motion may speak when directed by the mayor at the conclusion of the staff report for that specific agenda item. • Members of the Public may comment on any agenda item in writing by noon on the day of the meeting at www.WheatRidgeSpeaks.org. Comments made on Wheat Ridge Speaks are considered part of the public record. CONSENT AGENDA None PUBLIC HEARINGS AND ORDINANCES ON SECOND READING 1. Resolution No. 45-2025, a resolution approving the Clearvale Urban Renewal Plan and finding that the Plan Area is a blighted area, designating such area as appropriate for an urban renewal project pursuant to the Plan, and finding that the acquisition, clearance, rehabilitation, conservation, development, redevelopment, or a combination thereof of such area is necessary in the interest of the public health, safety, morals, and welfare of the residents of the City of Wheat Ridge 2. Resolution No. 46-2025 – a resolution approving the Lutheran Legacy Campus Urban Renewal Plan and finding that the Plan Area is a blighted area, designating such area as appropriate for an urban renewal project pursuant to the Plan, and finding that the acquisition, clearance, rehabilitation, conservation, development, redevelopment, or a combination thereof of such area is necessary in the interest of the public health, safety, morals, and welfare of the residents of the City of Wheat Ridge 3. Council Bill No. 18-2025 – an ordinance approving the disposition of park land at Hank Stites Park and in connection therewith authorizing an exchange of land to correct the property boundary ORDINANCES ON FIRST READING 4. Council Bill No. 19-2025 – an ordinance approving the rezoning of property located at 10285 Ridge Road from Agricultural-One (A-1) to Mixed Use Commercial – Transit Oriented Development (MUC-TOD) DECISIONS, RESOLUTIONS, AND MOTIONS 5. Resolution No. 47-2025 – a resolution approving an Intergovernmental Agreement concerning regional cold weather response for those experiencing homelessness 6. Motion to approve appointments to Boards, Commissions, and Committees 7. Resolution No. 48-2025 – a resolution amending the Fiscal Year 2025 Capital Improvement Program budget to reflect the approval of a supplemental budget appropriation in the amount of $5 million for the purpose of issuing a contract amendment in the amount of $5,374,077.75 for construction of the Improve Wadsworth project to Concrete Works of Colorado Inc. 8. Resolution No. 49-2025 – a resolution of support for an application to the Colorado Parks and Wildlife Non-Motorized Trails Grant program CITY MANAGER’S MATTERS CITY ATTORNEY’S MATTERS ELECTED OFFICIALS’ MATTERS PROCLAMATION BREAST CANCER AWARENESS MONTH WHEREAS, October 2025 marks 40 years that National Breast Cancer Awareness Month has educated women about early breast cancer detection, diagnosis and treatment; and WHEREAS, one in eight women will be diagnosed with breast cancer within their lifetime; and WHEREAS, when breast cancer is detected early and is in the localized stage, the five-year survival rate for women is 99%; and WHEREAS, the awareness campaign is remembering those who have lost their fight against breast cancer, standing with those who remember their loved ones and continuing to support our Nation’s advocates; and WHEREAS, the American Cancer Society has searched endlessly for a cure through vital research and has the mammoth task of educating our community and all Americans of the risks of breast cancer; and WHEREAS, the Lutheran Breast Care Center at Lutheran Hospital offers comprehensive breast care for all individuals, including patients with breast cancer as well as high risk individuals, ensuring a compassionate and patient-centered journey from initial screening to survivorship. NOW, THEREFORE BE IT RESOLVED that I, Bud Starker, Mayor of the City of Wheat Ridge, and the Wheat Ridge City Council hereby proclaim October 2025 as BREAST CANCER AWARENESS MONTH in the City of Wheat Ridge and encourage residents of Wheat Ridge to celebrate successes and memorialize lost battles. IN WITNESS THEREOF on this 22nd day of September 2025. Margy Greer, Sr. Deputy City Clerk Bud Starker, Mayor PROCLAMATION NATIONAL DOMESTIC VIOLENCE AWARENESS MONTH WHEREAS, domestic violence impacts countless Coloradans, without regard to age, race, religion, or economic status; as victims suffer at the hands of a spouse or partner, it affects their children, families, and entire communities; and WHEREAS, the City of Wheat Ridge is committed to the reduction of domestic violence and the health, safety and welfare of its residents; and WHEREAS, the Wheat Ridge Police Department is committed to providing assistance to victims and witnesses of crime and other traumatic events through victim assistance partnerships and awareness-related efforts and events; and WHEREAS, Wheat Ridge supports and partners with the PorchLight Family Justice Center which provides comprehensive legal, emotional and critical supportive services for survivors of domestic violence; and WHEREAS, Wheat Ridge joins with others across Colorado and the nation in supporting victims of domestic violence and shares the worthy goals of this month-long observance and sending a loud and clear message to abusers that domestic violence is not tolerated in the City of Wheat Ridge. NOW THEREFORE BE IT RESOLVED that I, Bud Starker, Mayor of the City of Wheat Ridge, and the Wheat Ridge City Council hereby proclaim October 2025 as DOMESTIC VIOLENCE AWARENESS MONTH in the City of Wheat Ridge. IN WITNESS THEREOF on this 22nd day of September 2025. Margy Greer, Sr. Deputy City Clerk Bud Starker, Mayor ITEM NUMBER: 1 DATE: September 22, 2025 REQUEST FOR CITY COUNCIL ACTION RESOLUTION 45-2025 TITLE: A RESOLUTION APPROVING THE CLEARVALE URBAN RENEWAL PLAN AND FINDING THAT THE PLAN AREA IS A BLIGHTED AREA, DESIGNATING SUCH AREA AS APPROPRIATE FOR AN URBAN RENEWAL PROJECT PURSUANT TO THE PLAN, AND FINDING THAT THE ACQUISITION, CLEARANCE, REHABILITATION, CONSERVATION, DEVELOPMENT, REDEVELOPMENT, OR A COMBINATION THEREOF OF SUCH AREA IS NECESSARY IN THE INTEREST OF THE PUBLIC HEALTH, SAFETY, MORALS, AND WELFARE OF THE RESIDENTS OF THE CITY OF WHEAT RIDGE ☒PUBLIC HEARING ☐BIDS/MOTIONS ☒RESOLUTIONS ☐ORDINANCES FOR 1st READING ☐ORDINANCES FOR 2nd READING QUASI-JUDICIAL ☐YES ☒NO ISSUE: Urban renewal plans are adopted by City Council and implemented by the Urban Renewal Authority d/b/a Renewal Wheat Ridge. The proposed Clearvale Urban Renewal Plan area is generally located between Wadsworth Boulevard and Carr Street and meanders along the floodplain to 44th Avenue and then west to Garrison Street and includes Garrison Street to I70 Frontage Road North. The Plan will allow for the use of tax increment financing (TIF) within the plan area. PRIOR ACTION: A draft Carr Street Urban Renewal Plan (now titled Clearvale Urban Renewal Plan) was presented to City Council at the March 18, 2024 study session. Consensus was reached at that time to bring back the Plan for formal adoption at a subsequent meeting. On February 15, 2024, the Wheat Ridge Planning Commission unanimously adopted a resolution finding that the Plan adheres to the City's Comprehensive Plan, Envision Wheat Ridge, consistent with the process set forth in the Colorado Urban Renewal Council Action Form – Clearvale Urban Renewal Plan September 22, 2025 Page 2 Law. On May 14, 2025, City Council adopted an ordinance to comply with House Bill 15- 1348 in regard to urban renewal authority board membership and tax sharing agreements with taxing entities within the urban renewal area. FINANCIAL IMPACT: Approval of the Clearvale Urban Renewal Plan will have no direct impact on the City's budget but could provide for future redevelopment opportunities that further the City's economic development goals. BACKGROUND: Renewal Wheat Ridge (RWR) contracted with Economic and Planning Systems (EPS) to complete a Conditions Survey to analyze conditions within the plan area to determine whether factors contributing to blight are present and whether the Plan area may, therefore, be considered eligible as an urban renewal area under the provision of the Colorado Urban Renewal Law. It is the conclusion of this survey that there are physical conditions within the Plan area sufficient to meet criteria in Colorado law as "blighting factors." Specifically, seven of the possible 11 blight factors were found to be present including: 1. Street layout: poor provisions or unsafe conditions for pedestrians, poor internal vehicular or pedestrian circulation 2. Lot layout: poor vehicular access 3. Unsafe/unsanitary: cracked or uneven surfaces for pedestrians, excessive litter, vandalism/graffiti, open ditches, holes, or trenches in pedestrian areas 4. Site improvements: neglected properties, deteriorated signage, lighting, on- site parking surfaces, curb and gutter, or sidewalks, and unpaved parking lot 5. Infrastructure: deteriorated pavement, curb, sidewalks, or lighting; unusual topography 6. Endangerment: floodplain or flood hazards 7. Vacancy: vacant structures and an underdeveloped parcel in a generally urbanized area EPS created the draft Clearvale Urban Renewal Plan with the purpose and vision of reducing, eliminating and preventing the spread of blight and to stimulate and catalyze growth and investment within the area boundaries. To accomplish this purpose the Plan is intended to promote local objectives expressed in adopted community plans such as the 44th Avenue Sub Area Plan, approved by City Council in April 2023 and advance the priorities of the Envision Wheat Ridge Comprehensive Plan as well as the newly adopted City Plan. Council Action Form – Clearvale Urban Renewal Plan September 22, 2025 Page 3 The Plan addresses financing mechanisms and methodology involved in financing activities pursuant to Urban Renewal Law. The Plan contemplates that the primary method of assisting with financing eligible expenses in the Plan Area will be through the use of revenues generated by Property Tax Increment and Sales Tax Increment. It is the intent of the City Council in approving this Plan to authorize the use of tax increment financing (TIF) by RWR as part of its efforts to advance the vision, objectives, and activities described in the Plan. RECOMMENDATIONS: Staff recommends approval of the Clearvale Urban Renewal Plan for the following reasons: • The Plan is consistent with many of the values, goals. and strategies stated in the City Plan. • The Plan will facilitate the redevelopment of a blighted area and help stimulate growth in jobs, housing, sales tax, and aesthetic appeal of the community. RECOMMENDED MOTION: "I move to approve Resolution No. 45-2025, a resolution approving the Clearvale Urban Renewal Plan and finding that the Plan Area is a blighted area designating such area as appropriate for an urban renewal project pursuant to the Plan, and finding that the acquisition, clearance, rehabilitation, conservation, development, redevelopment, or a combination thereof of such area is necessary in the interest of the public health, safety, morals, and welfare of the residents of the City of Wheat Ridge." Or, “I move to table indefinitely Resolution No. 45-2025, a resolution approving the Clearvale Urban Renewal Plan and finding that the Plan Area is a blighted area designating such area as appropriate for an Urban Renewal Project pursuant to the Plan, and finding that the acquisition, clearance, rehabilitation, conservation, development, redevelopment, or a combination thereof of such area is necessary in the interest of the public health, safety, morals, and welfare of the residents of the City of Wheat Ridge, for the following reason(s) _____ " REPORT PREPARED/REVIEWED BY: Steve Art, Executive Director RWR Corey Hoffmann, RWR Legal Counsel Patrick Goff, City Manager Council Action Form – Clearvale Urban Renewal Plan September 22, 2025 Page 4 ATTACHMENTS: 1. Resolution 45-2025 2. Exhibit A – Clearvale Urban Renewal Plan 3. Clearvale Conditions Survey ATTACHMENT 1 CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 45 SERIES OF 2025 TITLE: A RESOLUTION APPROVING THE CLEARVALE URBAN RENEWAL PLAN AND FINDING THAT THE PLAN AREA IS A BLIGHTED AREA, DESIGNATING SUCH AREA AS APPROPRIATE FOR AN URBAN RENEWAL PROJECT PURSUANT TO THE PLAN, AND FINDING THAT THE ACQUISITION, CLEARANCE, REHABILITATION, CONSERVATION, DEVELOPMENT, REDEVELOPMENT, OR A COMBINATION THEREOF OF SUCH AREA IS NECESSARY IN THE INTEREST OF THE PUBLIC HEALTH, SAFETY, MORALS, AND WELFARE OF THE RESIDENTS OF THE CITY OF WHEAT RIDGE WHEREAS, an urban renewal plan for the Clearvale Urban Renewal Plan Area (the “Area”) has been submitted to the City Council of the City of Wheat Ridge pursuant to Part 1 of Article 25 of Title 31, C.R.S.; WHEREAS, the Clearvale Urban Renewal Plan Area which is subject to the Clearvale Urban Renewal Plan (the “Plan”) is described in Exhibit A to this Resolution; WHEREAS, the City Planning Commission has submitted its written recommendation to the City Council that the Plan is in conformance with the Wheat Ridge Comprehensive Plan pursuant to Section 31-25-107(2), C.R.S.; WHEREAS, a copy of the Plan and information regarding the impact of the Plan were submitted to the taxing entities imposing a mill levy on the Plan Area; WHEREAS, notices of the public hearing for consideration and approval of the Plan by City Council were provided by publication and by written notices to property owners, residents, and business owners in the Area in compliance with the Urban Renewal Law, C.R.S. §§ 31-25-101 et seq.; WHEREAS, a public hearing on the Plan was held on September 22, 2025, providing a full opportunity for property owners, residents, taxpayers, people and business owners in the Area and all interested persons to be heard; WHEREAS, the inclusion of certain areas and properties designated in the Plan within the Area would provide for the elimination and prevention of blight and the development, redevelopment and rehabilitation of the blighted areas, so that the areas can be developed or redeveloped by the public and private sectors to provide a safer and more useful environment for its users and inhabitants; to develop and redevelop such properties to provide necessary, greater and reasonable economic utilization of such areas; to promote, enhance and provide public facilities; to eliminate traffic, transportation, pedestrian and other hazards within the areas; to ensure reasoned and sound social, physical and economic growth and improvement within the City; to promote the public health, safety and welfare; to promote and effect the goals, objectives and purposes of the Plan and the Comprehensive Plan of the City; to provide a sound financial and economic base for the community; to provide a necessary tax base for the City and to comply with the intent and purpose of the Urban Renewal Law; and WHEREAS, the City Council has conducted a public hearing, considered the public testimony, and hereby determines that it is in the best interests of the City of Wheat Ridge and the Wheat Ridge Urban Renewal Authority to adopt the Plan as proposed. NOW, THEREFORE, BE IT RESOLVED by the Wheat Ridge City Council, that: Section 1. Blight as defined by C.R.S. § 31-25-103(2) is present in the Clearvale Urban Renewal Plan Area as documented by the City of Wheat Ridge Clearvale Conditions Survey prepared by Economic and Planning Systems and based on evidence presented at the public hearing. The following blight factors are present in the Clearvale Urban Renewal Area: Street layout: poor provisions or unsafe conditions for pedestrians, poor internal vehicular or pedestrian circulation; Lot layout: poor vehicular access; Unsafe/unsanitary: cracked or uneven surfaces for pedestrians, excessive litter, vandalism/graffiti, excessive litter, open ditches, holes, or trenches in pedestrian areas; Site improvements: neglected properties, deteriorated signage, lighting, on-site parking surfaces, curb and gutter, or sidewalks, and unpaved parking lot; Infrastructure: deteriorated pavement, curb, sidewalks, or lighting; unusual topography; Endangerment: floodplain or flood hazards; Vacancy: vacant structures and an underdeveloped parcel in a generally urbanized area. Section 2. The Clearvale Urban Renewal Plan Area is a blighted area and is appropriate for an urban renewal project, pursuant to Part 1 of Article 25 of Title 31, C.R.S. Section 3. The principal purpose for the adoption of the Clearvale Urban Plan is to facilitate redevelopment in order to eliminate or prevent the spread of physically blighted areas. Section 4. The City Council hereby makes the following findings with respect to the proposed Plan: A. A feasible method exists for the relocation of families or individuals who may or will be displaced by redevelopment projects in decent, safe and sanitary dwelling accommodations within their means and without undue hardship. B. A feasible method exists for the relocation of business concerns that may or will be displaced by redevelopment projects either in the Area or in other areas that are not generally less desirable regarding public utilities and public and commercial facilities. C. The City Council has caused its staff to take reasonable efforts to provide written notice of the public hearing to property owners, residents and business owners in the Area at their last known addresses at least 30 days prior to this public hearing of September 22, 2025. D. Section 31-25-107 (4) (e) C.R.S. of the Urban Renewal Law does not apply in that not more than 120 days have passed since the first public hearing on this Plan, because this is the first public hearing. E. Section 31-25-107 (4) (e) C.R.S. of the Urban Renewal Law does not apply in that City Council did not fail to previously approve this Plan F. The Plan conforms to the City’s Comprehensive Plan. G. The provisions of the Plan, consistent with the needs of the City, provide maximum opportunity for redevelopment of the Area by private enterprise. H. Section 31-25-107 (5) C.R.S. of the Urban Renewal Law is not applicable to this Plan. I. To the extent that the Area may consist of an areas of open land which may be developed for non-residential uses under the Plan, City Council hereby determines that such non-residential uses are necessary and appropriate to facilitate the proper growth and development of the City in accordance with sound planning standards and City’s objectives. The potential acquisition of such areas may require the actions of the Authority, in compliance with the Urban Renewal Law, because such open areas are within areas of blight or blighted conditions. J. City Council has determined that the boundaries of the Areas have been drawn as narrowly as feasible to accomplish the planning and development objectives of the Plan in accordance with Section 31-25- 107(1) C.R.S. of the Urban Renewal Law. K. The acquisition clearance rehabilitation conservation development or redevelopment or a combination thereof of the Clearvale Urban Renewal Area pursuant to the Clearvale Urban Renewal Plan is necessary and in the best interests of the public health, safety, morals, and welfare of the residents of the City of Wheat Ridge. Section 5. The Plan provides for the use of tax increment financing, such financing mechanisms will be utilized with the initial adoption of this Plan. Section 6. Taxing entities imposing a mill levy upon the Plan Area were provided a copy of the Plan and information regarding its impact, in compliance with Urban Renewal Law. Section 7. The Wheat Ridge Urban Renewal Authority is authorized to exercise the powers of eminent domain to carry out, effect or administer the Plan. Section 8. The proposed Plan accompanying this Resolution and incorporated herein is adopted as the Clearvale Urban Renewal Plan for the City of Wheat Ridge and may be referred to as the Clearvale Urban Renewal Plan. The Plan is an urban renewal plan as defined in Section 31-25-103(9) C.R.S. of the Urban Renewal Law Section 9. The Clearvale Urban Renewal Plan shall control the land area, land use, design, building requirements, timing of development, and procedure for implementation of such Plan in the Clearvale Urban Renewal Plan Area and in the City of Wheat Ridge, as may be applicable. DONE AND RESOLVED this 22nd day of September 2025. [SEAL] Bud Starker, Mayor ATTEST: Margy Greer, Sr. Deputy City Clerk Clearvale Urban Renewal Plan Prepared for: Wheat Ridge Urban Renewal Authority dba Renewal Wheat Ridge and the City of Wheat Ridge Prepared by: Economic & Planning Systems, Inc. October 2, 2023 EPS #233048 ATTACHMENT 2 EXHIBIT A I Table of Contents Introduction ............................................................................................. 1 Preface ........................................................................................................ 1 Blight Findings .............................................................................................. 1 Urban Renewal Area Boundaries ...................................................................... 1 Definitions ............................................................................................... 4 Plan Purpose ............................................................................................ 6 Vision .......................................................................................................... 6 Blight Conditions ...................................................................................... 8 Plan Goals and Conformance .................................................................... 10 Plan Goals and Objectives ............................................................................ 10 Plan Conformance ....................................................................................... 10 Authorized Urban Renewal Undertakings and Activities ................................ 16 Project Financing .................................................................................... 20 Financing Powers ........................................................................................ 20 Tax Increment Financing District ................................................................... 21 Property Tax Increment Financing ................................................................. 21 Sales Tax Increment Financing ...................................................................... 23 Tax Increment Reimbursements .................................................................... 24 Severability and Reasonable Variations ...................................................... 25 Effective Date of the Plan ......................................................................... 26 E x h ib it A: L e g al D e s c r ip t io n ......................................................... 27 List of Figures Figure 1. Clearvale Urban Renewal Plan Area.......................................................... 2 Economic & Planning Systems, Inc. 233048-Draft Clearvale URA Plan 10-2-2023.docx 1 Introduction Preface This Clearvale Urban Renewal Plan (“Plan” or the “Urban Renewal Plan”) has been prepared for the City of Wheat Ridge, Colorado (the “City”), a home rule municipal corporation of the State of Colorado. The Plan will be carried out by the Wheat Ridge Urban Renewal Authority (the “Authority”), pursuant to the provisions of the Urban Renewal Law of the State of Colorado, Part 1 of Article 25 of Title 31, Colorado Revised Statutes, 1973, as amended to date (the “Act”). The administration and implementation of this Plan, including the preparation and execution of any documents implementing it, shall be performed by the Authority. Blight Findings Under the Act, an urban renewal area is a blighted area, as defined by the Act, and has been designated as appropriate for an urban renewal project by the City Council of the City (the “City Council”). In each urban renewal area, conditions of blight must be present, and the City Council must find that the presence of those conditions of blight substantially impair or arrest the sound growth of the municipality or constitutes an economic or social liability, and is a menace to the public health, safety, morals, or welfare for the Authority to exercise its powers. The Clearvale Conditions Survey prepared by Economic & Planning Systems (EPS) in August 2023 (“Conditions Survey”) was provided to the Authority under separate cover and demonstrates that the Clearvale Study Area (“Study Area”), as defined in the Conditions Study, is eligible to be declared a blighted area by the City Council under the Act. The Conditions Survey identified and documented 7 of the 11 blight factors present in the Study Area. A description of the blight factors and observations is presented below in Section 4 of this report. Urban Renewal Area Boundaries The Clearvale Urban Renewal Area (“URA” or “Plan Area”) is located in the City of Wheat Ridge in Jefferson County. The Plan Area is comprised of 28 parcels on approximately 109 acres of land plus adjacent right-of-way (ROW). The location of the Plan Area to which this Plan applies is generally bound by West I-70 Frontage Road North to the north, West 44th Avenue to the south, Garison Street to the west, and Wadsworth Boulevard and Clear Creek to the east, as shown below in Figure 1 and more particularly described on Exhibit A attached hereto and made a part of hereof. Clearvale Urban Renewal Plan 2 Figure 1. Clearvale Urban Renewal Plan Area Ownership Parcels located within the Plan Area are owned by 15 individual owners including multiple parcels owned by the City of Wheat Ridge, Arvex Properties Inc., Wheat Ridge Industrial Park LLC, Triad Real Estate, and Exchange 8150 West 48th Ave LLC. The full list of owners is provided below. • 9195 W 444th Ave LLC • Arvex Properties Inc. • Boyd Michael J • City of Wheat Ridge • DTI Holdings LLC • Exchange 8150 West 48th Ave LLC • Jeffco Housing Corporation • Macatr LLC • Metropolitan Denver Sewage Disposal District • Potuzak Charles • Ridgeview Center LLC • Thompson Max L • Triad Real Estate • Wheat Ridge Lumber LLC • Wheat Ridge Industrial Park LLC Economic & Planning Systems, Inc. 233048-Draft Clearvale URA Plan 10-2-2023.docx 3 Zoning and Land Use The properties within the Plan Area are largely developed with older commercial and industrial development and there is one site that is currently vacant that could be developed as an industrial property. Additionally, there is open space with Clear Creek and the Clear Creek trail running through the eastern side of the Plan Area. The Plan Area includes a mix of industrial, commercial, and residential zone districts including Industrial Employment (I-E), Planned Industrial Development (PID), Commercial-One (C-1), Commercial-Two (C-2), Residential- Two (R-2), and Residential-Three (R-3). Additionally, there is a small portion zoned as Agricultural-One (A-1), but it is currently used for industrial and is surrounded by established development. Each zoning district is further described below. The industrial zone districts are located in the northeast corner of the Plan Area. Industrial Employment (I-E) is intended for light industrial and commercial uses that support employment. Planned Industrial Development (PID) is intended to promote health, safety, and general welfare by permitting greater flexibility and innovation in land development based upon a comprehensive, integrated plan. The commercial zone districts are located along the south side of the Plan Area along 44th Avenue. Commercial-One (C-1) is intended to provide a wide range of commercial land uses, including office, general business, and retail sales and service establishments. Commercial-Two (C-2) is intended to provide an even wider range of commercial land uses, including office, general business, more intensive retail sales, wholesale businesses, and light manufacturing. The residential zone districts are located along the eastern side of the Plan Area. This area is currently used for open space on either side of Clear Creek and includes the Clear Creek Trail. Wheat Ridge Park, located at the corner of 44th Avenue and Everett Drive, is zoned R-3 and is an affordable housing development owned by Foothills Regional Housing. This residentially zoned area is not expected to redevelop. Residential-Two (R-2) provides high quality, safe, quiet, and stable low to moderate density residential neighborhoods. Residential-Three (R-3) provides high quality, safe, quiet, and stable medium to high density residential neighborhoods. The area zoned as A-1 is anticipated to be rezoned before redevelopment occurs. This area is most likely to rezone to I-E, which aligns with the adjacent parcels. Agricultural-One (A-1) is intended for high quality, safe, quiet, and stable residential estate living environment within a quasi-rural or agricultural setting. This zone district permits large lot, single unit residential and related uses, and agricultural uses and activities. The land uses proposed in the Plan Area generally algin with the zoning classifications, particularly with the anticipated rezoning of the one site currently designated as A-1. The area is predominately industrial and commercial uses, and is generally consistent with the underlying zoning. Clearvale Urban Renewal Plan 4 Definitions Terms used in this Plan are defined below and are representative of Urban Renewal Law C.R.S. § 31-25-103. • Act or Urban Renewal Law – Urban Renewal Law of the State of Colorado, C.R.S. § 31-25-101 et seq. • Available Property Tax Increment Revenues – all Property Tax Increment Revenues available pursuant to the Tax Increment Financing provisions of the Act not payable to taxing bodies pursuant to agreements, if any, with the Authority or otherwise as provided in C.R.S. § 31-25-107(9.5) of the Act. In the event that an agreement is reached with a taxing body pursuant to C.R.S. § 31-25-107(9.5) of the Act after the effective date of Plan approval by the City Council, the Property Tax Increment Revenues generated by said taxing body’s mill levy shall become Available Property Tax Increment Revenues, and the addition of such revenue shall not be a substantial modification to this Plan. • Available Revenues – any and all revenues available to the Authority, including, without limitation, Available Property Tax Increment Revenues, any revenues available to the Authority from Districts, or any other source that are available under this Plan or otherwise under the Act. • Bonds – any bonds (including refunding bonds), notes, interim certificates or receipts, temporary bonds, certificates of indebtedness, debentures, or other obligations. • District (or Districts) – for purposes of C.R.S. § 31-25-107(9) means a metropolitan district which is a quasi-municipal corporation and political subdivision of the State of Colorado organized under the Colorado Special District Act, 32-1-101, et seq., C.R.S., as from time to time amended, or a business improvement district which is a quasi-municipal corporation and political subdivision of the State of Colorado organized under the Colorado Business Improvement District Act, 31-25-1201, et seq., C.R.S., as from time to time amended, or any successor District or Districts thereto as may be approved by the City. Provided however, for purposes of C.R.S. § 31-25-104, the term “District” shall be limited to metropolitan [or special] district which is a quasi-municipal corporation and political subdivision of the State of Colorado organized under the Colorado Special District Act, 32-1-101, et seq., C.R.S. • Property Taxes – means, without limitation, all levies to be made on an ad valorem basis by or for the benefit of any public body upon taxable real and personal property in the Area. Economic & Planning Systems, Inc. 5 • Property Tax Increment Revenues – the property tax revenues allocated to the Authority pursuant to C.R.S. § 31-25-107(9) of the Act and Section 7.0 of this Plan. • Real property – lands, lands under water, structures, and any and all easements, franchises, incorporeal hereditaments, and every estate and right therein, legal and equitable, including terms for years and liens by way of judgment, mortgage, or otherwise. • Redevelopment/Development Agreement – one or more agreements between the Authority and developer(s) and/or property owners or such other individuals or entities as determined by the Authority to be essential to carry out the objectives of this Plan. • Slum area – an area in which there is a predominance of buildings or improvements, whether residential or nonresidential, and which, by reason of dilapidation, deterioration, age or obsolescence, inadequate provision for ventilation, light, air, sanitation, or open spaces, high density of population and overcrowding, or the existence of conditions which endanger life or property by fire or other causes, or any combination of such factors, is conducive to ill health, transmission of disease, infant mortality, juvenile delinquency, or crime and is detrimental to the public health, safety, morals, or welfare. • Tax increment financing (TIF) – the tax allocation financing as described in C.R.S. 31-25-107(9) of the Act as in effect on the date this Plan is approved by City Council. • Urban Renewal Authority or Authority – a corporate body organized pursuant to the provisions of the Act for the purposes, with the powers, and subject to the restrictions set forth in the Act. • Urban Renewal Plan or Plan – a plan, as it exists from time to time, for an urban renewal project, which plan conforms to a general or master plan for the physical development of the municipality as a whole and which is sufficiently complete to indicate such land acquisition, demolition and removal of structures, redevelopment, improvements, and rehabilitation as may be proposed to be carried out in the urban renewal area, zoning and planning changes, if any, land uses, maximum densities, building requirements, and the plan's relationship to definite local objectives respecting appropriate land uses, improved traffic, public transportation, public utilities, recreational and community facilities, and other public improvements. • Urban Renewal Project – undertakings and activities for the elimination and for the prevention of the development or spread of slums and blight and may involve slum clearance and redevelopment, or rehabilitation, or conservation, or any combination or part thereof, in accordance with an urban renewal plan. Clearvale Urban Renewal Plan 6 Plan Purpose The purpose of this Plan is to reduce, eliminate, and prevent the spread of blight within the Plan Area through private development. The Plan sets goals to achieve this through implementing established objectives for the Area and assisting with the eligible costs of environmental mitigation, redevelopment, promoting economic growth and private investment through the tools available within the context of urban renewal tools, laws, and guidelines, including, without limitation, tax increment financing (TIF). Establishment of the Urban Renewal Area will help improve conditions by providing public resources to be paired with private investment that enable property owners and developers to mitigate blight and transform the area. The urban renewal efforts will be focused within the plan area for the duration in accordance with the mandates of the Act. Vision The overall vision of the Plan Area, as expressed in the 44th Avenue Subarea Plan, is an industrial employment node and commercial corridor. In the Subarea Plan, the City identified transformational elements that, in addition to the redevelopment of sites in the subarea, also calls for improved street and multimodal connections, and new streetscape elements. The Plan Area is within the urban context and will offer redevelopment and infill development opportunities rather than developing on the outside or edges of the city. The northeast corner of the Plan Area is envisioned as an industrial employment node. This area currently consists of industrial employment users with opportunities for redevelopment. This node is anticipated to expand with a larger mix of employment types such as a diversity of industrial and automotive uses. The priority is to preserve and expand the industrial nature and employment opportunities with economic benefit and job growth. The vision for the southern section of the Plan Area, as described in the 44th Avenue Subarea Plan, is a commercial node along 44th Avenue from Garrison Street to Clear Creek with a focus on small business. This node is targeted for infill and redevelopment of existing commercial properties into a mix of retail and office uses that prioritize local and family-oriented businesses. These commercial properties will include public improvements such as bike parking, seating, lighting, signage and wayfinding, and landscaping. The 44th Avenue Bridge at Clear Creek will have multimodal additions, such as space allocated to pedestrians and bikes or a new parallel bridge for pedestrians and bikes. ROW improvements throughout the Plan Area with a focus on 44th Avenue and Garrison Street, may Economic & Planning Systems, Inc. 7 include landscape and tree planting, pedestrian and bike infrastructure, improved crossings, streetscape, public art, and undergrounding overhead utilities. To improve neighborhood connectivity, additional sidewalk connections will be made to Clear Creek Trail at available points. On the north side of the Plan Area, the I-70 underpass at Carr Street will be improved with increased lighting, public art, and physical buffers for safer crossings. Clearvale Urban Renewal Plan 8 Blight Conditions Before an urban renewal plan can be adopted by the City Council, there must be a determination that an area constitutes a blighted area. This determination depends upon the presence of several physical, environmental, and social factors. Blight is attributable to a range of conditions that, in combination, tend to accelerate the phenomenon of deterioration of an area. The definition of a blighted area is based upon the definition articulated in the Urban Renewal Law (C.R.S. § 31-25-103) as follows: “Blighted area” means an area that, in its present condition and use and, by reason of the presence of at least four of the following factors, substantially impairs or arrests the sound growth of the municipality, retards the provision of housing accommodations, or constitutes an economic or social liability, and is a menace to the public health, safety, morals, or welfare: a. Slum, deteriorated, or deteriorating structures; b. Predominance of defective or inadequate street layout; c. Faulty lot layout in relation to size, adequacy, accessibility, or usefulness; d. Unsanitary or unsafe conditions; e. Deterioration of site or other improvements; f. Unusual topography or inadequate public improvements or utilities; g. Defective or unusual conditions of title rendering the title nonmarketable; h. The existence of conditions that endanger life or property by fire and other causes; i. Buildings that are unsafe or unhealthy for persons to live or work in because of building code violations, dilapidation, deterioration, defective design, physical construction, or faulty or inadequate facilities; j. Environmental contamination of buildings or property; k.5. The existence of health, safety, or welfare factors requiring high levels of municipal services or substantial physical underutilization or vacancy of sites, building, or other improvements; or l. If there is no objection by the property owner or owners and the tenant or tenants of such owner or owners, if any, to the inclusion of such property in an urban renewal area, "blighted area" also means an area that, in its present condition and use and, by reason of the presence of any one of the factors specified in paragraphs (a) to (k.5) of this subsection (2), substantially impairs or arrests the sound Economic & Planning Systems, Inc. 9 growth of the municipality, retards the provision of housing accommodations, or constitutes an economic or social liability, and is a menace to the public health, safety, morals, or welfare. For purposes of this paragraph (l), the fact that an owner of an interest in such property does not object to the inclusion of such property in the urban renewal area does not mean that the owner has waived any rights of such owner in connection with laws governing condemnation. To use the powers of eminent domain, the definition of “blighted” is broadened to require that five of the eleven blight factors must be present (C.R.S. § 31-25- 105.5(5)(a)): (a) “Blighted area” shall have the same meaning as set forth in section 31-25- 103 (2); except that, for the purposes of this section only, “blighted area” means an area that, in its present condition and use and, by reason of the presence of at least five of the factors specified in section 31-25-103 (2)(a) to (2)(l), substantially impairs or arrests the sound growth of the municipality, retards the provision of housing accommodations, or constitutes an economic or social liability, and is a menace to the public health, safety, morals, or welfare. The methodology used to prepare the Conditions Survey for the Plan Area involved the following steps: (i) identify parcels to be included in the Plan Area; (ii) gather information about the properties and infrastructure within the Plan Area boundaries; (iii) evaluate evidence of blight through field reconnaissance; and (iv) record observed and documented conditions listed as blight factors in State Statute. The entire Conditions Survey is provided under separate cover. Clearvale Urban Renewal Plan 10 Plan Goals and Conformance Plan Goals and Objectives The overall objective of this Plan is to remediate unfavorable existing conditions and prevent further deterioration by implementation of the relevant provisions contained in the following documents: • Envision Wheat Ridge (City of Wheat Ridge Comprehensive Plan), 2009 • 44th Avenue Subarea Plan, 2023 The Plan is intended to stimulate private sector development in the Plan Area with a combination of private investment and Authority financing. The Plan has the following objectives: • Implement Envision Wheat Ridge and 44th Avenue Subarea Plan • Prevent and eliminate conditions of blight within the City of Wheat Ridge • Encourage and provide incentives for private and economic development • Encourage the development of projects that would not otherwise be considered financially feasible without the participation of Renewal Wheat Ridge (RWR) • Enhance the current property tax revenue within the city and county with development that will increase the assessed valuation Plan Conformance Urban Renewal Law This Plan is in conformity with and subject to the applicable statutory requirements of the Urban Renewal Law. Envision Wheat Ridge The City of Wheat Ridge last updated and adopted its Comprehensive Plan, known as Envision Wheat Ridge, in 2009, which established the vision and direction for the future of Wheat Ridge. The City’s vision is organized around six key values to describe the community’s aspirations. This Plan is intended to implement Envision Wheat Ridge and is in direct conformance with Envision Wheat Ridge. The URA Plan directly supports five key values in Envision Wheat Ridge of economy and land use, community character and design, transportation, community services, and sustainable future. The following excerpts from Envision Wheat Ridge highlight the linkage between Envision Wheat Ridge and this Plan under these five key values. These are representative excerpts, and not an all-inclusive list of relevant statements: Economic & Planning Systems, Inc. 11 • Goal ELU 1 – Make Wheat Ridge a “community of choice” in which to live, work, shop, and recreate o Policy ELU 1.1 – Attract primary employers to attract strong households • Goal ELU 2 – Attract quality retail development and actively retain existing retailers to locate in Wheat Ridge o Policy ELU 2.1 – Retain and enhance existing retailers o Policy ELU 2.3 – Rehabilitate underutilized retail spaces • Goal ELU 3 – Retain and diversify local employment o Policy ELU 3.2 – Generate new primary employment • Goal ELU 4 – Increase the diversity of land uses o Policy ELU 4.1 – Efficient use of limited land • Goal ELU 5 – Revitalize key redevelopment areas, targeting areas with immediate redevelopment needs with efforts that support and promote investment and quality design, projecting a positive image for the community and enhancing the surrounding context. o ELU 5.2 – Infill and redevelopment o ELU 5.3 – High quality redevelopment • Goal CC 3 – Ensure quality design for development and redevelopment. o Policy CC 3.1 – Require new development and redevelopment to exemplify high quality urban design to enhance the city’s character. Clearvale Urban Renewal Plan 12 • Goal T 1 – Provide an integrated transportation system to address all modes of travel and future funding priorities. o Policy T 1.1 – Focus future investment for infrastructure improvements in targeted corridors and intersections o Policy T 1.2 – Improvements funding o Policy T 1.3 – Complete streets • Goal T 3 – Increase transportation efficiency and options o Policy T 3.2 – Expanded travel options o Policy T 3.4 – Priority pedestrian and bicycle improvements o Policy T 3.5 – Increase mobility • Goal CS 2 – Continue to invest in parks, recreation, and open space. o Policy CS 2.1 - Continue to maintain and enhance parks, recreation, and open space offerings and facilities, while periodically identifying future parkland needs. • Goal SF 1 – Establish and maintain a resilient and sustainable tax base that will be able to support community services. o Policy SF 1.2 – Create a diverse and broader revenue base by facilitating the development of local and regional retail and employment and encouraging local shopping and dining. • Goal SF 2 – Protect and preserve natural assets including its scenic and environmental asses, the urban tree canopy, and drainage ways. o Policy SF 2.1 – Provide stewardship of unique and sensitive natural resources and areas. Economic & Planning Systems, Inc. 13 • Goal SF 4 – Maintain a healthy and active community and encourage opportunities for lifelong activity and engagement. o Policy SF 4.1 – Promote physical activity and increase recreational opportunities, partly by developing pedestrian and bicycle connections between neighborhoods and existing and proposed community activity center and employment opportunities. 44th Avenue Subarea Plan The City of Wheat Ridge 44th Avenue Subarea Plan identifies parcels in the Plan Areas as high economic development opportunity, specifically the industrial node in the northeast corner and commercial properties along 44th Avenue. These two nodes are identified as potential catalyst sites based on economic and land use metrics. The Clearvale URA Plan directly implements the 44th Avenue Subarea Plan and the following excerpts are representative of the alignment between the two. Primary Corridor Investments – Strategies focused on large area and infill developments, improvements to existing uses, and the pedestrian experience. • Topic B: Existing uses and infill development – To enhance the existing uses and provide new community needs through individual property improvements, infill development, and strategic redevelopment. o Strategy B-1: Small Business Focus – For the properties along West 44th Avenue east of Kipling Street it is important to focus on a variety of small businesses and eclectic building forms. As the primary commercial zone within the larger Subarea, new smaller-footprint, infill development and existing property improvements should focus on retaining and encouraging new local and/or small businesses to thrive. o Strategy B-3: Site Improvements – Along the corridor general investments and site enhancements should be encouraged and should be made to existing properties in the area where feasible. o Strategy B-4: Building Improvements – Many existing buildings may benefit from both internal and external improvements to better serve the needs of the owner, user, and passersby. • Topic C: Pedestrian Experience – In addition to safety, walkability and ease of access discussed under the Overall Connectivity Improvements (OCI), the experience for a pedestrian along a major corridor should be memorable and enjoyable, benefiting users of all ages and abilities. o Strategy C-1: Family-Focused Activity Center – Rebranding of the areas adjacent to the northern edge of Anderson Park as a family focused recreation center, while still accommodating current uses that are less aligned with that vision. Clearvale Urban Renewal Plan 14 o Strategy C-2: Corridor Adjacent Connectivity and Infrastructure – Work with existing commercial property owners to identify primary, public- facing nodes on private property and to encourage off corridor connectivity. o Strategy C-3: Streetscape Design – focused on the safety and quality of the experience for non-motorists, as motorists generally operate with minimal restrictions in this area. Community Subarea Enhancements – Strategies focused on historic uses, smaller-scale change, and redevelopment in support of larger community assets and amenities • Topic D: Historic Character – Reflects many long time uses, including agriculture, employment, and open space that have made up the land-use fabric of the area for many years. o Strategy D-2: Employment Node – The northeast corner of the Subarea currently contains numerous large footprint employment users. This node should continue to serve its important employment role, evolving over time to capture a larger mix of employment types, allowing new users and development to better address community needs for small-scale and light industrial uses, connectivity, and environmental sustainability. Overall Connectivity Improvements – Strategies focused on addressing gaps and barriers for additional north-south and east-west connectivity throughout the Subarea to maximize the safety and comfort for all users • Topic F: East/West Connectivity – With West 44th Avenue serving as the only major east-west connection in the Subarea, it is essential to improve multi-modal connectivity along the corridor as well as to the greater community, regional networks, and major destinations in and around the Subarea. o Strategy F-1: West 44th Avenue Corridor Enhancements – Guide investment into targeted enhancements and infrastructure changes along the roadway to regulate traffic flow, increase pedestrian and bicycle safety, and enhance the user experience. o Strategy F-2: Neighborhood Connectivity – Provide new connectivity options through new development specifically • Topic G: North/South Connectivity – Kipling Street serves as the only north/south connection, and north/south connectivity is challenging given the interstate to the north and Clear Creek to the south. It is essential to increase both access and safety to major destinations in and around Wheat Ridge. o Strategy G-2: I-70 Bridges and Underpasses – Create safer crossings across the interstate for non-vehicular uses, either integrated in existing Economic & Planning Systems, Inc. 15 vehicular crossings, or through the creation of standalone pedestrian and bicycle crossings. • Topic H: Priority Crossings – Safe street crossings are an important consideration throughout the Subarea, and additional improvements have been considered as well. o Strategy H-2: General Intersection Improvements – All crossings should provide for safe movement along the corridor. o Strategy H-3: 44th Avenue Bridget at Clear Creek – Address the mobility concerns at this bridge for vehicles, and look at alternatives for safer, more efficient crossings for pedestrians and cyclists. Development Standards and Procedures All development within the Plan Area shall conform to the City’s Land Use Code and any site-specific City zoning regulations and policies that might impact properties in the Plan Area, all as in effect and as may be amended. However, as authorized by the Urban Renewal Law, the Authority may arrange with the City for the planning, replanning, zoning or rezoning of any part of the Plan Area as needed in connection with the urban renewal project described in this Plan. Clearvale Urban Renewal Plan 16 Authorized Urban Renewal Undertakings and Activities The Act allows for a wide range of activities to be used in the implementation of an urban renewal plan. The Authority is authorized to provide both financial assistance and improvements in partnership with property owners and other affected parties in order to accomplish the objectives stated herein. Public private partnerships and other forms of cooperative development, including Cooperation Agreements, will be essential to the Authority’s strategy for preventing the spread of blight and eliminating existing blighting conditions. Without limitation, undertakings and activities of the Authority in the furtherance of this Plan as described as follows. Undertakings and Activities to Remedy Blight As described in Section 4 of this Plan, seven qualifying conditions of blight were identified in the Study Area of which this Urban Renewal Areas is a part. Each of the seven qualifying conditions was observed within the Urban Renewal Area. Implementation of this Plan by providing urban renewal resources for public and private improvements will remedy the conditions identified: b. Predominance of defective or inadequate street layout The investment of streetscape and increased bicycle and pedestrian pathways and connections throughout the Plan Area will create an improved pedestrian environment. c. Faulty lot layout The redevelopment of the northeast corner of the Plan Area will provide improved internal vehicular access and connectivity. d. Unsanitary or unsafe conditions The private investments and onsite redevelopment will eliminate the vandalism/graffiti, presence of vagrants, and excessive litter. Additionally, the private investment will provide new jobs and establish an employment node. e. Deterioration of site or other improvements The development of the Plan Area will turn neglected properties into a thriving employment center and commercial node with the necessary site improvements. Economic & Planning Systems, Inc. 17 f. Unusual topography or inadequate public improvements or utilities The overall redevelopment and investment in the Plan Area will address the maintenance deficiencies and provide adequate infrastructure. h. Existence of conditions that endanger life or property The redevelopment areas of the Plan Area in a flood hazard area will meet the necessary standards and regulations for development to occur. k.5. The existence of health, safety, or welfare factors requiring high levels of municipal services or substantial physical underutilization or vacancy of sites, buildings, or other improvements - Observed The Plan Area is currently underutilized and includes vacant property. Through private investment and support from the Authority, the Plan Area will develop and redevelop into vibrant nodes and be fully utilized. Project Development Plan The primary goal of this Plan is to eliminate the current conditions of blight in the Urban Renewal Area and prevent those conditions from reoccurring. The contemplated redevelopment of the Area is for use as industrial facilities; provided however, the Authority is authorized to approve any uses for the Area that eliminate blight and are consistent with the Comprehensive Plan and applicable zoning, including, without limitation, mixed use development, including residential, hotel, commercial, retail, office, industrial, cultural, and public uses. Complete Public Improvements and Facilities The Authority may undertake certain actions to make the Area more attractive for private investment. The Authority may, or may cause others, including, without limitation, one or more Districts to install, construct, and reconstruct any public improvements, including, without limitation, parking facilities. The Authority may, or may cause others to, demolish and clear buildings and existing improvements for the purpose of promoting the objectives of the Plan and the Act. Additionally, the Authority may, or may cause others to, install, construct and reconstruct any other authorized improvements, including, without limitation, other authorized undertakings or improvements for the purpose of promoting the objectives of this Plan and the Act. Clearvale Urban Renewal Plan 18 Plan Modification The Authority may propose, and City Council may make, modifications to this Plan as may be necessary; provided, however, any modification of the Plan shall (a) comply with the provisions of the Act, including C.R.S. § 31-25-107(9) § 31-25- 107(7); (b) not impair Available Revenues then-pledged by the Authority or the ability of the Authority to pay any outstanding Bonds, including any reimbursement obligations of the Authority; or (c) not impair the ability of the Authority or any party to any then-existing agreement to fully perform their respective covenants and duties under any such agreement. The Authority may, in specific cases, allow non-substantive variations from the provisions of this Plan if it determines that a literal enforcement or application of the provision would constitute an unreasonable limitation beyond the intent and purpose stated herein. Provide Relocation Assistance While it is not anticipated as of the date of this Plan that acquisition of real property will result in the relocation of any individuals, families, or business concerns; if such relocation becomes necessary, the Authority will adopt a relocation plan as necessary to comply with applicable provisions of the Act. Demolition, Clear and Prepare Improvements The Authority is authorized to demolish or cooperate with others to clear buildings, structures, and other improvements within the Area in an effort to advance projects deemed consistent with the vision stated herein. Such demolition or site clearance is necessary to eliminate unhealthy, unsanitary, and unsafe conditions; eliminate obsolete uses deemed detrimental to the public welfare; remove and prevent the spread of blight; and facilitate redevelopment of the Area by private enterprise. Acquire and Dispose of Property It is not expected that the Authority will be required to acquire property to carry out the project. However, if the Authority determines such acquisition is necessary, it is authorized to acquire any such property by negotiation or any other method, including that the Authority is authorized to acquire property by eminent domain. Properties acquired by the Authority by negotiation may be temporarily operated, managed and maintained by the Authority if requested to do so by the acquiring entity and deemed in the best interest of the Urban Renewal Project and the Plan. Such property shall be under the management and control of the Authority and may be rented or leased pending its disposition for redevelopment. The Authority may sell, lease, or otherwise transfer real property or any interest in real property subject to covenants, conditions and restrictions, including architectural and design controls, time restrictions on development, and building requirements in accordance with the Act and this Plan. Economic & Planning Systems, Inc. 19 Enter into Redevelopment/Development Agreements The Authority may enter into Redevelopment/Development Agreements or other contracts with developer(s) or property owners or other such individuals or entities determined to be necessary to carry out the purposes of this Plan, including the pledge by the Authority of Available Revenues to pay eligible costs pursuant to the Act or any other applicable law. Further, such Redevelopment/Development Agreements, or other contracts, may contain terms, provisions, activities, and undertakings contemplated by this Plan and the Act. Any existing agreements between the City and private parties that are consistent with this Plan are intended to remain in full force and effect unless all parties to such agreements agree otherwise. Enter into Cooperation Agreements The Authority is authorized to enter into such Cooperation Agreements as may be required by the Act, including tax sharing agreements. The Authority may also use the mediation and other provisions of the Act when necessary to provide adequate financing to carry out this Plan. This paragraph shall not be construed to require any particular form of cooperation. Other Project Undertakings and Activities Other project undertakings and activities deemed necessary by the Authority to carry out the Plan may be undertaken and performed by the Authority or pursuant to agreements with other parties or public bodies in accordance with the authorization of the Act and any applicable law or laws. Clearvale Urban Renewal Plan 20 Project Financing Financing Powers Except as hereafter specifically provided, the undertakings and activities of the urban renewal project described in this Plan may be financed, in whole or in part, by the Authority to the full extent authorized under the TIF provisions of C.R.S. § 31-25-107(9)(a) in the Urban Renewal Law, as amended, and with any other available sources of revenues and means of financing authorized to be undertaken by the Authority pursuant to the Urban Renewal Law and under any other applicable law, which shall include, without limitation: • The collection and use of revenues from property tax increment, sales tax increment, interest income, federal loans or grants, agreements with public, quasi-public, or private parties and entities, loans or advances from any other available source, and any other available sources of revenue. • The issuance of bonds and other indebtedness, including, without limitation, notes or any other financing instruments or documents in amounts sufficient to finance all or part of the Plan. The borrowing of funds and creation of other indebtedness. • The use of any and all financing methods legally available to the City, the Authority, any private developer, redeveloper, or owner to finance in whole or in part any and all costs, including without limitation the cost of public improvements, described or anticipated in the Plan or in any manner related or incidental to the development of the Plan Area. Such methods may be combined to finance all or part of activities and undertakings throughout the Plan Area. • The principal, interest, any premiums and any other amounts legally due on or in connection with any indebtedness or obligation of the Authority may be paid from property tax increments, sales tax increments or any other funds, revenues, assets or property legally available to the Authority. This Plan contemplates, however, that the primary method of assisting with financing eligible expenses in the Plan Area will be through the use of revenues generated by Property Tax Increment and Sales Tax Increment. It is the intent of the City Council in approving this Plan to authorize the use of TIF by the Authority as part of its efforts to advance the vision, objectives, and activities described herein. Economic & Planning Systems, Inc. 21 Tax Increment Financing District Pursuant to the provisions of C.R.S. § 31-25-107(9) of the Urban Renewal Law, in approving this Plan, the City Council hereby approves the Plan Area as a single tax increment financing district with the same boundary as the Plan Area (the “TIF District”). The boundaries of this TIF District shall therefore be as depicted in Figure 1 and described on Exhibit A. Property Tax Increment Financing The Authority is specifically authorized to collect and expend property tax increment revenue to the full extent authorized by the Urban Renewal Law and to use that revenue for all purposes authorized under this Plan. Property Tax Increment Limitations The Authority shall establish a fund for the financing authorized under this Plan that shall be funded with the property tax allocation authorized to the Authority under the Urban Renewal Law in C.R.S. § 31-25-107(9). Under this method, the property taxes of specifically designated public bodies, if any, levied after the effective date of the approval of this Plan upon taxable property in the Plan Area each year by or for the benefit of the designated public body must be divided for a period not to exceed twenty-five (25) years after the effective date of the adoption of the tax allocation provision, as follows: Base Amount – That portion of the taxes that are produced by the levy at the rate fixed each year by or for such public body upon the valuation for assessment of taxable property in the Plan Area last certified prior to the effective date of approval of the Plan or, as to an area later added to the Plan Area, the effective date of the modification of the Plan, shall be paid into the funds of each such public body as are all other taxes collected by or for said public body. Increment Amount – That portion of said property taxes in excess of such base amount must be allocated to and, when collected, paid into a special fund of the Authority to pay the principal of, the interest on, and any premiums due in connection with the bonds of, loans or advances to, or indebtedness incurred by, whether funded, refunded, assumed, or otherwise, the Authority for financing or refinancing, in whole or in part, a specific project. Any excess property tax collections not allocated in this way must be paid into the funds of the municipality or other taxing entity, as applicable. Unless and until the total valuation for assessment of the taxable property in the Plan Area exceeds the base valuation for assessment of the taxable property in the Plan Area, all of the taxes levied upon the taxable property in the Plan Area must be paid into the funds of the respective public bodies. Clearvale Urban Renewal Plan 22 When such bonds, loans, advances, and indebtedness, if any, including interest thereon and any premiums due in connection therewith, have been paid, all taxes upon the taxable property in the Plan Area must be paid into the funds of the respective public bodies, and all moneys remaining in the special fund that have not previously been rebated and that originated as property tax increment generated based on the mill levy of a taxing body, other than the City, within the boundaries of the Plan Area must be repaid to each taxing body based on the pro rata share of the prior year’s property tax increment attributable to each taxing body’s current mill levy in which property taxes were divided. Any moneys remaining in the special fund not generated by property tax increment are excluded from any such repayment requirement. Notwithstanding any other provision of law, revenues excluded by C.R.S. § 31-25-107(9)(a)(II) of the Act are not intended to be included in Available Property Tax Increment Revenues. Notwithstanding any other provision of law, any additional revenues the City, county, special district, or school district receives either because the voters have authorized the City, county, special district, or school district to retain and spend said moneys pursuant to section 20(7)(d) of Article X of the Colorado Constitution subsequent to the creation of this special fund or as a result of an increase in the property tax mill levy approved by the voters of the City, county, special district, or school district subsequent to the creation of the special fund, to the extent the total mill levy of the City, county, special district, or school district exceeds the respective mill levy in effect at the time of approval or substantial modification of the Plan, are not included in the amount of the increment that is allocated to and, when collected, paid into the special fund of the authority. In calculating and making these payments, the County Treasurer may offset the Authority’s pro rata portion of any property taxes that are paid to the Authority under these terms and that are subsequently refunded to the taxpayer against any subsequent payments due to the Authority for an urban renewal project. The Authority shall make adequate provision for the return of overpayments in the event that there are not sufficient property taxes due to the Authority to offset the Authority’s pro rata portion of the refunds. The Authority may establish a reserve fund for this purpose or enter into an intergovernmental agreement with the municipal governing body in which the municipality assumes responsibility for the return of the overpayments. The portion of taxes collected may be irrevocably pledged by the Authority for the payment of the principal of, the interest on, and any premiums due in connection with such bonds, loans, advances, and indebtedness. This irrevocable pledge shall not extend to any taxes that are placed in a reserve fund to be returned to the county for refunds of overpayments by taxpayers or any reserve funds reserved by the Authority for such purposes in accordance with C.R.S. § 31-25- 107(9)(a)(III) and (b). The Authority shall set aside and reserve a reasonable amount as determined by the Authority of all incremental taxes paid to the Authority for payment of expenses associated with administering the Plan. Economic & Planning Systems, Inc. 23 At the time of general reassessment of taxable property valuations in Jefferson County, including all or part of the Plan Area subject to division of valuation for assessment between base and increment, as provided above, the portions of valuations for assessment to be allocated as provided above shall be proportionately adjusted in accordance with such reassessment or change. Note that at the time of this Plan adoption, such a general reassessment occurs every two years, in the odd-numbered years. Sales Tax Increment Financing The urban renewal project under the Plan may also be financed by the Authority under the sales tax allocation financing provisions of the Urban Renewal Law in C.R.S. § 31-25-107(9). The Urban Renewal Law allows that upon the adoption or amendment of an Urban Renewal Plan, sales taxes flowing to the city and/or county may be “frozen” at their current level. The current level is established based on the previous 12 months prior to the adoption of this Plan. Thereafter, the jurisdiction can continue to receive this fixed sales tax revenue. The Authority thereafter may receive all, or an agreed upon portion of the additional sales taxes (the increment) that are generated above the base. The Authority may use these incremental revenues to finance the issuance of bonds, reimburse developers for public improvement costs, reimburse the city for public improvement costs, and pay off financial obligations and other debts incurred in the administration of the Plan. This increment is not an additional sales tax, but rather is a portion of the established tax collected by the jurisdiction, and the sales tax increment resulting from redevelopment efforts and activities contemplated in this Plan. Sales Tax Increment Limitations A fund for financing projects may be accrued and used by the Authority under the tax allocation financing provisions of the Urban Renewal Law. Under this method, municipal sales taxes collected within the Plan Area, by or for the benefit of the designated public body must be divided for a period not to exceed twenty-five (25) years after the effective date of the adoption of the tax allocation provision, as follows: Base Amount – That portion of sales taxes, not including any sales taxes for remote sales as specified in C.R.S. § 39-26-104 (2), collected within the boundaries of the Plan Area in the twelve-month period ending on the last day of the month prior to the effective date of approval of the Plan, shall be paid into the funds of each such public body as are all other taxes collected by or for said public body. Increment Amount – All or any portion of said sales taxes in excess of such base amount, must be allocated to and, when collected, paid into a special fund of the Authority to pay the principal of, the interest on, and any premiums due in connection with the bonds of, loans or advances to, or indebtedness incurred by, whether funded, refunded, assumed, or otherwise, the Authority for financing or refinancing, in whole or in part, a specific project. Any excess sales tax collections Clearvale Urban Renewal Plan 24 not allocated in this way must be paid into the funds of the jurisdiction, as applicable. Unless and until the total sales tax collections in the Plan Area exceed the base year sales tax collections in the Plan Area, all such sales tax collections must be paid into the funds of the respective taxing entity. The portion of taxes collected may be irrevocably pledged by the Authority for the payment of the principal of, the interest on, and any premiums due in connection with such bonds, loans, advances, and indebtedness. This irrevocable pledge shall not extend to any taxes that are placed in a reserve fund to be returned to the county for refunds of overpayments by taxpayers or any reserve funds reserved by the Authority for such purposes in accordance with C.R.S. § 31-25- 107(9)(a)(III) and (b). The Authority shall set aside and reserve a reasonable amount as determined by the Authority of all incremental taxes paid to the Authority for payment of expenses associated with administering the Plan. Tax Increment Reimbursements Tax increment revenues may be used to reimburse the city and/or a developer for costs incurred for improvements related to a project to pay the debt incurred by the Authority with such entities for urban renewal activities and purposes. Tax increment revenues may also be used to pay bonded indebtedness, financial obligations, and debts of the Authority related to urban renewal activities under this Plan. Within the 12-month period prior to the effective date of the approval or modification of the Plan requiring the allocation of moneys to the Authority as outlined previously, the city, county, special district, or school district is entitled to the reimbursement of any moneys that such city, county, special district, or school district pays to, contributes to, or invests in the Authority for a project. The reimbursement is to be paid from the special fund of the Authority. Economic & Planning Systems, Inc. 25 Severability and Reasonable Variations The Authority shall have the ability to approve reasonable variations (as determined by the Board) from the strict application of these Plan provisions, so long as such variations reasonably accommodate the intent and purpose of this Plan and the Urban Renewal Law. Plan provisions may be altered by market conditions, redevelopment opportunities and/or the needs of the community affected by the Plan. If any portion of this Plan is held to be invalid or unenforceable, such invalidity will not affect the remaining portions of the Plan. Clearvale Urban Renewal Plan 26 Effective Date of the Plan This Plan shall be effective upon its final approval by the City Council. Except as otherwise permitted under the Urban Renewal Law, the term of the TIF period is twenty-five (25) years from the effective date of the Plan, unless the Authority deems, to the extent consistent with the terms in the applicable, agreements, including, without, limitation, Redevelopment/Development Agreements and Cooperation Agreements, that all activities to accomplish the Project have been completed and all debts incurred to finance such activities and all expenses of the Authority have been repaid. In that event, the Authority may declare the Plan fully implemented. Exhibit A: Legal Description Matrix Design Group, Inc. 707 17TH, Suite 3150 Denver, CO 80202 O 303.572.0200 F 303.572.0202 matrixdesigngroup.com SHEET 1 OF 8 EXHIBIT A LAND DESCRIPTION A PARCEL OF LAND BEING A PORTION OF THE NORTHEAST ONE-QUARTER OF SECTION 22, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN, CITY OF WHEATRIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS WITH BEARINGS REFERENCED TO THE WESTERLY RIGHT OF WAY LINE OF GARRISON STREET, ASSUMED TO BEAR NORTH 00°34’24” WEST; BEGINNING AT THE INTERSECTION OF THE NORTH RIGH-OF-WAY LINE OF INTERSTATE 70 WITH THE WEST RIGHT- OF-WAY LINE OF GARISSON STREET; THENCE COINCIDENT WITH SAID NORTHERLY RIGHT OF WAY LINE THE FOLLOWING EIGHT (8) COURSES: 1. THENCE SOUTH 73°11'09" EAST, A DISTANCE OF 34.78 FEET; 2. THENCE NORTH 87°28'21" EAST, A DISTANCE OF 29.93 FEET; 3. THENCE NORTH 89°41'37" EAST, A DISTANCE OF 2,162.43 FEET; 4. THENCE NORTH 79°55'21" EAST, A DISTANCE OF 117.33 FEET; 5. THENCE NORTH 88°59'55" EAST, A DISTANCE OF 73.81 FEET; 6. THENCE NORTH 82°56'39" EAST, A DISTANCE OF 315.78 FEET; 7. THENCE NORTH 82°43'16" EAST, A DISTANCE OF 199.22 FEET; 8. THENCE NORTH 73°15'58" EAST, A DISTANCE OF 1,100.38 FEET; THENCE SOUTH 02°23'50" EAST, A DISTANCE OF 231.43 FEET TO A POINT ON THE SOUTHERLY RIGHT OF WAY LINE OF SAID INTERSTATE 70; THENCE COINCIDENT WITH SAID SOUTHERLY RIGHT OF WAY LINE THE FOLLOWING FIVE (5) COURSES: 1. THENCE NORTH 72°17'56" EAST, A DISTANCE OF 548.10 FEET; 2. THENCE NORTH 89°58'25" EAST, A DISTANCE OF 109.22 FEET; 3. THENCE SOUTH 53°57'22" EAST, A DISTANCE OF 117.91 FEET; 4. THENCE SOUTH 47°23'24" EAST, A DISTANCE OF 250.46 FEET; 5. THENCE NORTH 76°00'44" EAST, A DISTANCE OF 370.39 FEET; THENCE SOUTH 41°50'29" EAST, A DISTANCE OF 85.40 FEET; THENCE SOUTH 00°14'36" EAST, A DISTANCE OF 499.89 FEET; THENCE SOUTH 78°20'20" WEST, A DISTANCE OF 40.67 FEET; SHEET 2 OF 8 THENCE NORTH 00°10'48" WEST, A DISTANCE OF 28.63 FEET; THENCE SOUTH 69°09'20" WEST, A DISTANCE OF 175.87 FEET ; THENCE SOUTH 78°08'58" WEST, A DISTANCE OF 88.33 FEET TO A POINT ON THE EXTERIOR BOUNDARY OF JOHNSON HEIGHTS SUBDIVISION, AS RECORDED IN THE CLERK AND RECORDER OF JEFFERSON COUNTY UNDER RECEPTION NUMBER 45377975; THENCE COINCIDENT WITH SAID EXTERIOR BOUNDARY THE FOLLOWING FOUR (4) COURSES; 1. THENCE NORTH 00°10'22" WEST, A DISTANCE OF 116.18 FEET; 2. THENCE SOUTH 78°26'06" WEST, A DISTANCE OF 593.33 FEET; 3. THENCE SOUTH 49°32'03" WEST, A DISTANCE OF 167.00 FEET; 4. THENCE SOUTH 18°59'17" WEST, A DISTANCE OF 207.70 FEET TO A POINT ON THE EXTERIOR BOUNDARY OF HILLCREST HEIGHTS, AS RECORDED IN THE CLERK AND RECORDER OF JEFFERSON COUNTY UNDER RECEPTION NUMBER 46389909; THENCE COINCIDENT WITH SAID EXTERIOR BOUNDARY THE FOLLOWING SEVEN (7) COURSES; 1. THENCE SOUTH 89°32'24" WEST, A DISTANCE OF 251.55 FEET; 2. THENCE SOUTH 00°10'17" EAST, A DISTANCE OF 157.28 FEET; 3. THENCE SOUTH 85°50'52" WEST, A DISTANCE OF 498.01 FEET; 4. THENCE SOUTH 05°01'01" EAST, A DISTANCE OF 104.86 FEET; 5. THENCE SOUTH 53°27'55" WEST, A DISTANCE OF 66.00 FEET; 6. THENCE NORTH 80°24'20" WEST, A DISTANCE OF 131.28 FEET; 7. THENCE SOUTH 38°40'14" WEST, A DISTANCE OF 452.05 FEET TO A POINT ON THE EXTERIOR BOUNDARY OF KENRIDGE SUDIVISION, AS RECORDED IN THE CLERK AND RECORDER OF JEFFERSON COUNTY IN BOOK 13 AT PAGE 20; THENCE COINCIDENT WITH SAID EXTERIOR BOUNDARY THE FOLLOWING TWENTY-TWO (22) COURSES; 1. THENCE SOUTH 88°50'31" WEST, A DISTANCE OF 33.64 FEET; 2. THENCE SOUTH 45°05'50" WEST, A DISTANCE OF 174.98 FEET; 3. THENCE SOUTH 50°09'01" WEST, A DISTANCE OF 107.99 FEET; 4. THENCE NORTH 41°38'00" WEST, A DISTANCE OF 57.44 FEET; 5. THENCE SOUTH 50°15'24" WEST, A DISTANCE OF 111.83 FEET; 6. THENCE SOUTH 40°00'34" WEST, A DISTANCE OF 98.60 FEET; SHEET 3 OF 8 7. THENCE SOUTH 52°29'50" EAST, A DISTANCE OF 80.63 FEET; 8. THENCE SOUTH 55°37'28" EAST, A DISTANCE OF 8.09 FEET; 9. THENCE SOUTH 43°21'43" WEST, A DISTANCE OF 53.19 FEET; 10. THENCE SOUTH 51°56'44" WEST, A DISTANCE OF 50.11 FEET; 11. THENCE SOUTH 39°50'31" WEST, A DISTANCE OF 40.11 FEET; 12. THENCE SOUTH 40°35'49" WEST, A DISTANCE OF 69.35 FEET; 13. THENCE SOUTH 50°46'35" WEST, A DISTANCE OF 27.96 FEET; 14. THENCE NORTH 26°14'08" WEST, A DISTANCE OF 58.34 FEET; 15. THENCE SOUTH 58°30'22" WEST, A DISTANCE OF 48.41 FEET; 16. THENCE SOUTH 76°10'29" WEST, A DISTANCE OF 71.18 FEET; 17. THENCE SOUTH 57°44'42" WEST, A DISTANCE OF 71.76 FEET; 18. THENCE SOUTH 57°44'30" WEST, A DISTANCE OF 76.59 FEET; 19. THENCE SOUTH 19°01'48" EAST, A DISTANCE OF 17.05 FEET; 20. THENCE SOUTH 53°44'25" WEST, A DISTANCE OF 76.46 FEET; 21. THENCE SOUTH 17°18'35" EAST, A DISTANCE OF 10.79 FEET; 22. THENCE SOUTH 89°21'17" WEST, A DISTANCE OF 29.31 FEET; THENCE NORTH 00°13'41" EAST, A DISTANCE OF 52.73 FEET; THENCE NORTH 39°01'13" WEST, A DISTANCE OF 144.78 FEET; THENCE NORTH 15°00'50" EAST, A DISTANCE OF 107.47 FEET; THENCE SOUTH 55°48'46" WEST, A DISTANCE OF 91.10 FEET; THENCE SOUTH 64°30'26" WEST, A DISTANCE OF 62.02 FEET; THENCE SOUTH 64°06'06" WEST, A DISTANCE OF 95.10 FEET; THENCE SOUTH 75°03'39" WEST, A DISTANCE OF 63.38 FEET; THENCE NORTH 40°14'09" WEST, A DISTANCE OF 57.47 FEET TO A POINT ON THE EXTERIOR BOUNDARY LINE OF CRESTVIEW HEIGHTS, AS RECORDED IN THE CLERK AND RECORDER OF JEFFERSON COUNTY AT RECEPTION NUMBER 61859471; THENCE COINCIDENT WITH SAID EXTERIOR BOUNDARY THE FOLLOWING FIVE (6) COURSES: SHEET 4 OF 8 1. THENCE SOUTH 68°03'48" WEST, A DISTANCE OF 110.67 FEET; 2. THENCE SOUTH 62°35'25" WEST, A DISTANCE OF 84.34 FEET; 3. THENCE SOUTH 14°38'18" EAST, A DISTANCE OF 304.89 FEET; 4. THENCE SOUTH 74°00'46" WEST, A DISTANCE OF 114.91 FEET TO A TANGENT CURVE HAVING A RADIUS OF 54.87 FEET, WHOSE CENTER BEARS SOUTH 15°59'14" EAST; 5. THENCE SOUTHWESTERLY AND COINCIDENT WITH SAID TANGENT CURVE, THROUGH A CENTRAL ANGLE OF 53°24'27", AN ARC DISTANCE OF 51.15 FEET AND HAVING A CHORD THAT BEARS SOUTH 47°18'32" WEST, A DISTANCE OF 49.31 FEET; 6. THENCE ALONG A LINE NON-TANGENT TO SAID CURVE, SOUTH 20°36'40" WEST, A DISTANCE OF 223.85 FEET TO A POINT ON THE SOUTHERLY RIGHT OF WAY LINE OF W 44TH AVENUE; THENCE COINCIDENT WITH SAID SOUTHERLY RIGHT OF WAY LINE THE FOLLOWING THIRTEEN (13) COURSES: 1. THENCE NORTH 69°26'39" WEST, A DISTANCE OF 267.54 FEET; 2. THENCE NORTH 68°20'32" WEST, A DISTANCE OF 119.30 FEET; 3. THENCE NORTH 72°16'47" WEST, A DISTANCE OF 169.86 FEET; 4. THENCE NORTH 67°57'08" WEST, A DISTANCE OF 51.84 FEET; 5. THENCE NORTH 69°02'42" WEST, A DISTANCE OF 52.06 FEET; 6. THENCE NORTH 70°00'48" WEST, A DISTANCE OF 52.31 FEET; 7. THENCE NORTH 72°19'24" WEST, A DISTANCE OF 51.34 FEET; 8. THENCE NORTH 74°38'35" WEST, A DISTANCE OF 52.30 FEET; 9. THENCE NORTH 77°02'05" WEST, A DISTANCE OF 51.52 FEET; 10. THENCE NORTH 75°15'22" WEST, A DISTANCE OF 101.53 FEET; 11. THENCE SOUTH 89°41'23" WEST, A DISTANCE OF 515.41 FEET; 12. THENCE SOUTH 00°13'47" EAST, A DISTANCE OF 7.53 FEET; 13. THENCE SOUTH 89°33'58" WEST, A DISTANCE OF 27.36 FEET TO A POINT ON THE WESTERLY RIGHT OF WAY LINE OF GARRISON STREET; THENCE NORTH 00°12'53" EAST, COINCIDENT WITH SAID RIGHT OF WAY LINE, A DISTANCE OF 552.05 FEET; THENCE NORTH 00°34'24" WEST, A DISTANCE OF 1,691.70 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM ANY AND ALL OF THE FOLLOWING AREAS THAT FALL WITHIN THE ABOVE DESCRIPTION IN THE RECORDS OF THE CLERK AND RECORDER OF JEFFERSON COUNTY; SHEET 5 OF 8 CARNATION GARDENS, RECORDED UNDER RECEPTION NUMBER 90399762, CLEARVALE SUBDIVISION, RECORDED UNDER RECEPTION NUMBER 55623380, GARRISON VILLAGE CONDOMINIUMS, RECORDED UNDER RECEPTION NUMBER F2087928, NORTH GREEN VALLY SUBDIVISION, RECORDED UNDER RECEPTION N UMBER 61886157, RICE’S MINOR SUBDIVISION, RECORDED UNDER RECEPTION NUMBER 80017735, WOODBINE SUBDIVISION, RECORDED UNDER RECEPTION NUMBER 60814784, TROUT SUBDIVISION, RECORDED UNDER RECEPTION NUMBER 54574734, WILLIAMS SUBDIVISION, RECORDED UNDER RECEPTION NUMBER 47426216, HABITAT ON CARR STREET FILING NO. 1, RECORDED UNDER RECEPTION NUMBER 2005087628, KINGSBROOKE CONDOMINIUMS, RECORDED UNDER RECEPTION NUMBER 79053453, EVERETT GREEN CONDOS RECORDED UNDER RECEPTION NUMBER 79038847, AND PARKSIDE TOWNHOMES AT CLEAR CREEK CONDOS RECORDED UNDER RECEPTION NUMBER 2006035553. THE ABOVE DESCRIPTION CONTAINS A CALCULATED AREA OF 4,864,468 SQUARE FEET OR (111.67281 ACRES), MORE OR LESS, AND IS DEPICTED ON THE ATTACHED GRAPHICAL EXHIBIT FOR REFERENCE. JERRY R. BESSIE, PLS 38576 PREPARED FOR AND ON BEHALF OF MATRIX DESIGN GROUP 7107 17TH STREET, SUITE 3150 – DENVER, COLORADO 80202 CA R R S T CA R R S T CO D Y S T DO V E R S T DU D L E Y S T ES T E S S T A EV E R E T T C T FI E L D S T FL O W E R S T GA R I S S O N S T FI E L D C T FL O W E R C T ES T E S S T DO V E R S T I-70 W 45TH AVE W 44TH W 45TH PL W 46 T H A V E W 46TH PL FL O W E R S T FI E L D S T EV E R E T T C T EV E R E T T S T W 4 4 T H MA T C H L I N E : SE E S H E E T 6 MA T C H L I N E : B C E F G H I J K L M N O P D Q R STU V WXYZ AA BB QQ NNOO PP RR SS TT UU L1 L2 L3 L4 L5 L6 L7 L8 L35 L36 L37 L38 L39 L40 L41 L42L43 L44 L45 L46 L47 L48 L49 L50L51L52 L 5 3 L54 L55 L56 L57L58 L60 L 6 1 L62 L6 3 L64 L65 L66 L67 L68 L69 L70L71 L72 L73 L74 L75 BA S I S O F B E A R I N G S N0 ° 3 4 ' 2 4 " W 1 6 9 1 . 7 0 ' R=54.87' Δ=53°24'27" L=51.15' CH=S47°18'32"W 49.32' L7 6 L59 FI L E L O C A T I O N : R: \ 2 3 . 6 3 6 . 0 0 6 - U R A W H E A T R I D G E C A R R S T R E E T \ 4 0 0 S u r v e y \ 4 0 0 C A D D \ 4 0 7 L E G A L D E S C R I P T I O N S \ 6 3 6 . 0 0 6 - S U R V - C A R R S T R E E T - G R 2 . d w g PREPARED BY:CHECKED BY: JRB SCALE: 1"=500' DATE: DECEMBER 7, 2023 SHEET: OF 8 EXHIBIT A LAND DESCRIPTION CONTAINS 4,864,468 SQ. FT. (111.67281 ACRES, MORE OR LESS) 5 POINT OF BEGINNING I-70 48TH AL L I S O N S T WA D S W O R T H B O U L E V A R D YU K O N S T YA R R O W S T ZE P H Y R S T AL L I S O N S T BA L S A M S T JOHNSON COURT W 47TH AVE W 46TH AVE SOU T H B A N K CLE A R C R E E K SE E S H E E T 6 MA T C H L I N E : SE E S H E E T 5 DD EE FF GG HH II JJ JJ KK LL MM L9 L 1 0 L11 L12 L 1 3 L 1 4 L15 L 1 6 L1 7 L18 L19 L20 L21L22L23L24 L2 5 L26 L2 7 L28 L29L30 L31 L32 L33 L34 FI L E L O C A T I O N : R: \ 2 3 . 6 3 6 . 0 0 6 - U R A W H E A T R I D G E C A R R S T R E E T \ 4 0 0 S u r v e y \ 4 0 0 C A D D \ 4 0 7 L E G A L D E S C R I P T I O N S \ 6 3 6 . 0 0 6 - S U R V - C A R R S T R E E T - G R 2 . d w g PREPARED BY:CHECKED BY: JRB SCALE: 1"=500' DATE: DECEMBER 7, 2023 SHEET: OF 8 EXHIBIT A LAND DESCRIPTION 6 CONTAINS 4,864,468 SQ. FT. (111.67281 ACRES, MORE OR LESS) PARCEL TABLE PARCEL DESCRIPTION REC. NO. A CARNATION GARDENS 90399762 B CLEARVALE SUBDIVISION 55623380 C CRESTVIEW HEIGHTS BK. 22 PG. 7 D KENRIDGE SUBDIVISION BK. 13 PG. 30 E GARRISON VILLAGE CONDOMINIUMS F2087928 F GARRISON 70 SUBDIVISION 71433718 G SPECIAL WARRANTY DEED 92034637 H WARRANTY DEED 79039894 I PLEASANT VALLEY SUBDIVISION 58714163 J WARRANTY DEED 86059087 K SIERRA LAND FILING NO. 1 83008547 L NORTH GREEN VALLEY SUBDIVISION 61886157 M RICE'S MINOR SUBDIVISION 80017735 N QUIT CLAIM DEED 87117854 O SPECIAL WARRANTY DEED F0016883 P QUIT CLAIM DEED 82058005 Q QUIT CLAIM DEED 24390304 R WARRANTY DEED 90061134 S D T I SUBDIVISION 2008059166 T SPECIAL WARRANTY DEED F1362131 U SPECIAL WARRANTY DEED 90062815 V CRESTVIEW PARK AMENDMENT 2006086667 W WARRANTY DEED 90061134 X WARRANTY DEED F0084414 Y QUIT CLAIM DEED 87092648 Z QUIT CLAIM DEED 88001043 AA HAPPY VALLEY GARDENS 29420861 BB JUCHEM GARDEN PLACE 85021027 CC SUN VALLEY 84041507 DD QUIT CLAIM DEED 87117855 EE SPECIAL WARRANTY DEED F0075160 FF WEST I-70 BUSINESS CENTER SUB 92003297 GG WHEATRIDGE INDUSTRIAL PARK 450011 HH QUIT CLAIM DEED 26000528 II WARRANTY DEED 92092987 JJ SPECIAL WARRANTY DEED 92034637 KK WARRANTY DEED 11260452 LL JOHNSON HEIGHTS 45377975 MM PLAT OF HILLCREST HEIGHTS 46389909 NN WOODBINE SUBDIVISION 60814784 OO TROUT SUBDIVISION 54574734 PP WILLIAMS SUBDIVISION 47426216 QQ SUN VALLEY SUBDIVISION BK. 13 PG. 14 RR HABITAT ON CARR STREET FILING NO. 1 2005087628 SS KINGSBROOKE CONDOMINIUMS 79053452 TT EVERETT GREEN CONDOMINIUMS 79038846 UU PARKSIDE TOWNHOMES AT CLEAR CREEK CONDOS 2006035553 FI L E L O C A T I O N : R: \ 2 3 . 6 3 6 . 0 0 6 - U R A W H E A T R I D G E C A R R S T R E E T \ 4 0 0 S u r v e y \ 4 0 0 C A D D \ 4 0 7 L E G A L D E S C R I P T I O N S \ 6 3 6 . 0 0 6 - S U R V - C A R R S T R E E T - G R 2 . d w g PREPARED BY:CHECKED BY: JRB SCALE: 1"=500' DATE: DECEMBER 7, 2023 SHEET: OF 8 EXHIBIT A LAND DESCRIPTION 7 LINE TABLE LINE # L1 L2 L3 L4 L5 L6 L7 L8 L9 L10 L11 L12 L13 L14 L15 L16 L17 L18 L19 L20 L21 L22 L23 L24 L25 L26 L27 L28 L29 L30 BEARING S73°11'09"E N87°28'21"E N89°41'37"E N79°55'21"E N88°59'55"E N82°56'39"E N82°43'16"E N73°15'58"E N73°15'58"E S02°23'50"E N72°17'56"E N89°58'25"E S53°57'22"E S47°23'24"E N76°00'44"E S41°50'29"E S00°14'36"E S78°20'20"W N00°10'48"W S69°09'20"W S78°08'58"W N00°10'22"W S78°26'06"W S49°32'03"W S18°59'17"W S89°32'24"W S00°10'17"E S85°50'52"W S05°01'01"E S53°27'55"W DISTANCE 34.78 29.93 2162.43 117.33 73.81 315.78 199.22 1100.38 1100.38 231.43 548.10 109.22 117.91 250.46 370.39 85.40 499.89 40.67 28.63 175.87 88.33 116.18 593.33 167.00 207.70 251.55 157.28 498.01 104.86 66.00 LINE TABLE LINE # L31 L32 L33 L34 L35 L36 L37 L38 L39 L40 L41 L42 L43 L44 L45 L46 L47 L48 L49 L50 L51 L52 L53 L54 L55 L56 L57 L58 L59 L60 BEARING N80°24'20"W S38°40'14"W S88°50'31"W S45°05'50"W S50°09'01"W N41°38'00"W S50°15'24"W S40°00'34"W S52°29'50"E S43°21'43"W S51°56'44"W S40°35'49"W S50°46'35"W N26°14'08"W S58°30'22"W S76°10'29"W S57°44'30"W S19°01'48"E S53°44'25"W S17°18'35"E S89°21'17"W N00°13'41"E N39°01'13"W N15°00'50"E S55°48'46"W S64°06'06"W S75°03'39"W N40°14'09"W S68°03'48"W S62°35'25"W DISTANCE 131.28 452.05 33.64 174.98 107.99 57.44 111.83 98.60 80.63 53.19 50.11 69.35 27.96 58.34 48.41 71.18 76.59 17.05 76.46 10.79 29.31 52.73 144.78 107.47 91.10 95.10 63.38 57.47 110.67 84.34 LINE TABLE LINE # L61 L62 L63 L64 L65 L66 L67 L68 L69 L70 L71 L72 L73 L74 L75 L76 BEARING S14°38'18"E S74°00'46"W S20°36'40"W N69°26'39"W N68°20'32"W N72°16'47"W N67°57'08"W N70°00'48"W N72°19'24"W N74°38'35"W N77°02'05"W N75°15'22"W S89°41'23"W S00°13'47"E S89°33'58"W N00°12'53"E DISTANCE 304.89 114.91 223.85 267.54 119.30 169.86 51.84 52.31 51.34 52.30 51.52 101.53 515.41 7.53 27.36 552.05 FI L E L O C A T I O N : R: \ 2 3 . 6 3 6 . 0 0 6 - U R A W H E A T R I D G E C A R R S T R E E T \ 4 0 0 S u r v e y \ 4 0 0 C A D D \ 4 0 7 L E G A L D E S C R I P T I O N S \ 6 3 6 . 0 0 6 - S U R V - C A R R S T R E E T - G R 2 . d w g PREPARED BY:CHECKED BY: JRB SCALE: 1"=500' DATE: DECEMBER 7, 2023 SHEET: OF 8 EXHIBIT A LAND DESCRIPTION 8 Clearvale Existing Conditions Survey Prepared for: Wheat Ridge Urban Renewal Authority dba Renewal Wheat Ridge and the City of Wheat Ridge Prepared by: Economic & Planning Systems, Inc. August 29, 2023 EPS #233048 ATTACHMENT 3 Table of Contents 1.Introduction ............................................................................................. 1 Purpose ....................................................................................................... 1 Colorado Urban Renewal Law .......................................................................... 1 Methodology ................................................................................................ 4 2.Study Area Analysis .................................................................................. 5 Study Area ................................................................................................... 5 Field Survey Approach ................................................................................... 7 Blight Factor Evaluation Criteria ...................................................................... 8 Results of Field Survey ................................................................................ 10 3.Conclusions ............................................................................................ 27 List of Tables Table 1. Parcels Contained in the Study Area ........................................................ 6 Table 2. Blight Conditions in Study Area ............................................................. 11 List of Figures Figure 1. Clearvale Proposed Urban Renewal Boundary and Parcels ........................... 7 Figure 2. Poor Provisions or Unsafe Conditions for Vehicles ..................................... 12 Figure 3. Poor Provisions or Unsafe Conditions for Pedestrians ................................ 13 Figure 4. Poor Internal Vehicular or Pedestrian Circulation ...................................... 14 Figure 5. Poor Vehicular Access .......................................................................... 15 Figure 6. Floodplain or Flood Prone Areas ............................................................ 16 Figure 7. Vandalism/Graffiti ............................................................................... 17 Figure 8. Excessive Litter and Evidence of Vagrants............................................... 18 Figure 9. Open/Unenclosed Trash Dumpster ......................................................... 19 Figure 10. Maintenance Deficiencies ..................................................................... 20 Figure 11. Deteriorated Signage ........................................................................... 20 Figure 12. Deteriorated Fences ............................................................................ 21 Figure 13. Deteriorated On-site Parking Surfaces, and Curb and Gutter ..................... 21 Figure 14. Unpaved Parking Lot ........................................................................... 22 Figure 15. Deteriorated Pavement and Curbs ......................................................... 23 Figure 16. Lack of Pavement, Curbs, and Sidewalks ................................................ 24 Figure 17. Presence of Overhead Utilities and Billboards .......................................... 25 Figure 18. Underdeveloped in a Generally Urbanized Area ........................................ 26 Economic & Planning Systems, Inc. 233048-Draft Report_Clearvale Existing Conditions Survey.docx 1 1. Introduction In August 2023, Economic & Planning Systems (EPS), working with the City of Wheat Ridge, conducted the following existing conditions survey (Survey) of the proposed Wheat Ridge Urban Renewal Plan Area known as the Clearvale Urban Renewal Area (Study Area). This proposed plan area is located at the intersection of Carr Street and I-70 and consists of approximately 109 acres. The Study Area is bound by West I-70 Frontage Road North to the north, West 44th Avenue to the south, Garison Street to the west, and Wadsworth Boulevard and Clear Creek to the east, as shown in Figure 1 on page 7. Purpose The primary purpose of this Survey is to determine whether the Study Area qualifies as a “blighted area” within the meaning of Colorado Urban Renewal Law. Secondly, this Survey will influence whether the Study Area should be recommended to be established as an urban renewal plan area for such urban renewal activities, as the City Council and the Wheat Ridge Urban Renewal Authority dba Renewal Wheat Ridge (URA) deem appropriate. Colorado Urban Renewal Law The requirements for the establishment of an urban renewal plan are outlined in the Colorado Urban Renewal Law, Colorado Revised Statutes (C.R.S.) § 31‐25‐101 et seq. In order to establish an area for urban renewal, there are an array of conditions that must be documented to establish a condition of blight. The determination that constitutes a blighted area depends upon the presence of several physical, environmental, and social factors. Blight is attributable to a multiplicity of conditions which, in combination, tend to accelerate the phenomenon of deterioration of an area and prevent new development from occurring. Clearvale Existing Conditions Survey 2 Urban Renewal Law Blight Factors (C.R.S. § 31-25-103) “’Blighted area’ means an area that, in its present condition and use and, by reason of the presence of at least four of the following factors, substantially impairs or arrests the sound growth of the municipality, retards the provision of housing accommodations, or constitutes an economic or social liability, and is a menace to the public health, safety, morals, or welfare: (a) Slum, deteriorated, or deteriorating structures; (b) Predominance of defective or inadequate street layout; (c) Faulty lot layout in relation to size, adequacy, accessibility, or usefulness; (d) Unsanitary or unsafe conditions; (e) Deterioration of site or other improvements; (f) Unusual topography or inadequate public improvements or utilities; (g) Defective or unusual conditions of title rendering the title nonmarketable; (h) The existence of conditions that endanger life or property by fire or other causes; (I) Buildings that are unsafe or unhealthy for persons to live or work in because of building code violations, dilapidation, deterioration, defective design, physical construction, or faulty or inadequate facilities; (j) Environmental contamination of buildings or property; (k.5) The existence of health, safety, or welfare factors requiring high levels of municipal services or substantial physical underutilization or vacancy of sites, buildings, or other improvements; or (l) If there is no objection by the property owner or owners and the tenant or tenants of such owner or owners, if any, to the inclusion of such property in an urban renewal area, “blighted area” also means an area that, in its present condition and use and, by reason of the presence of any one of the factors specified in paragraphs (a) to (k.5) of this subsection (2), substantially impairs or arrests the sound growth of the municipality, retards the provision of housing accommodations, or constitutes an economic or social liability, and is a menace to the public health, safety, morals, or welfare. For purposes of this paragraph (l), the fact that an owner of an interest in such property does not object to the inclusion of such property in the urban renewal area does not mean that the owner has waived any rights of such owner in connection with laws governing condemnation.” Use of Eminent Domain In order for an Urban Renewal Authority to use the powers of eminent domain to acquire properties, 5 of the 11 blight factors must be present (C.R.S. § 31‐25‐105.5(a)). “’Blighted area’ shall have the same meaning as set forth in section 31‐25‐103 (2); except that, for the purposes of this section only, “blighted area” means an area that, in its present condition and use and, by reason of the presence of at least five of the factors specified in section 31‐25‐103 (2)(a) to (2)(l), substantially impairs or arrests the sound growth of the municipality, retards the provision of housing accommodations, or constitutes an economic or social liability, and is a menace to the public health, safety, morals, or welfare.” Economic & Planning Systems, Inc. 3 Urban Renewal Case Law In addition to the State statute, several principles have been developed by Colorado courts to guide the determination of whether an area constitutes a blighted area under the Urban Renewal Law. The following parameters have been established through case law for determining blight and the role of judiciary review. Tracy v. City of Boulder (Colo. Ct. App. 1981) • Upheld the definition of blight presented in the Urban Renewal Law as a broad condition encompassing not only those areas containing properties so dilapidated as to justify condemnation as nuisances, but also envisioning the prevention of deterioration. Therefore, the existence of widespread nuisance violations and building condemnation is not required to designate an area blighted. • Additionally, the determination of blight is the responsibility of the legislative body and a court’s role in review is to verify if the conclusion is based upon factual evidence determined by the City Council at the time of a public hearing to be consistent with the statutory definition. Interstate Trust Building Co. v. Denver Urban Renewal Authority (Colo. 1970) • Determined that blight assessment is not on a building-to-building basis but is based on conditions observed throughout the plan area as a whole. The presence of one well maintained building does not defeat a determination that an area constitutes a blighted area. Clearvale Existing Conditions Survey 4 Methodology This Survey was completed by EPS to inventory and establish the existing conditions within the Study Area through data gathering and field observations of physical conditions. The Study Area was defined by the URA to encompass 28 parcels located in Wheat Ridge, between West I-70 Frontage Road North, West 44th Avenue, Garison Street, Wadsworth Boulevard, and Clear Creek. An inventory of parcels within the Study Area was compiled using parcel data from the Jefferson County Assessor, documenting parcel ownership, size, use, vacancy, and assessed value. The field survey was conducted by EPS in August 2023. The 11 factors of blight in the state statute were broken down into “conditions” - existing situations or circumstances identified in the Study Area that may qualify as blight under each of the 11 factors. To meet the test stipulated by the state statutes, the City must find a minimum of four conditions within the proposed plan area. The conditions documented in this report are submitted as evidence to support a “finding of blight” according to Urban Renewal Law. Under the Urban Renewal Law, the final determination of blight within the Study Area is within the sole discretion of the Wheat Ridge City Council. Economic & Planning Systems, Inc. 233048-Draft Report_Clearvale Existing Conditions Survey.docx 5 2. Study Area Analysis Study Area The proposed Clearvale Urban Renewal Plan Area is comprised of 28 parcels and adjacent right-of-way (ROW) on approximately 109 acres of land, as shown in Table 1 and Figure 1. The Study Area is bound by West I-70 Frontage Road North to the north, West 44th Avenue to the south, Garison Street to the west, and Wadsworth Boulevard and Clear Creek to the east. Parcels in the Study Area are owned by 15 individual owners including multiple parcels owned by the City of Wheat Ridge, Arvex Properties Inc., Wheat Ridge Industrial Park LLC, Triad Real Estate, and Exchange 8150 West 48th Ave LLC. The parcels within the Study Area are a combination of older commercial development, open space, vacant land, water, and ROW as shown below. There is a total of 147,805 square feet of constructed floor area, on 109 acres of land. While most of the parcels are developed, nine of the 28 are vacant. The developed parcels include 111,170 square feet of industrial space within the Wheat Ridge Industrial Park, United States Truck Driving School, DTI Trucks, and TruGreen Lawn Care. There are also about 20,000 square feet of retail and 10,000 square feet of office at the northeast corner of West 44th Avenue and Garison Street. The Study Area also includes adjacent ROW along I-70 frontage roads, Garison Street, West 44th Avenue, and Wadsworth Boulevard as well as publicly held open space along the Clear Creek corridor. Clearvale Existing Conditions Survey 6 Table 1. Parcels Contained in the Study Area Land Bldg. #Parcel Land Use Acres Sq. Ft.Land Improv.Total 1 39-143-00-098 Industrial 0.99 13,020 $75,492 $282,861 $358,353 2 39-143-00-099 Industrial 0.48 9,600 $52,372 $192,823 $245,195 3 39-143-00-100 Industrial 0.62 13,152 $31,837 $387,576 $419,413 4 39-143-00-101 Industrial 0.66 4,000 $30,602 $149,256 $179,858 5 39-143-00-102 Industrial 1.52 0 $61,466 $0 $61,466 6 39-143-00-103 Industrial 0.73 1,440 $30,088 $45,936 $76,024 7 39-143-00-104 Industrial 0.78 0 $29,394 $0 $29,394 8 39-143-07-001 Industrial 0.30 2,994 $20,767 $88,766 $109,533 9 39-143-07-002 Open Space 0.02 0 $203 $0 $203 10 39-143-08-001 Industrial 1.07 19,706 $76,000 $409,257 $485,257 11 39-221-00-006 Office 0.79 9,982 $158,535 $10,738 $169,273 12 39-221-00-007 Retail 1.82 20,234 $247,604 $381,377 $628,981 13 39-221-00-010 Exempt Vacant 0.27 0 $932 $0 $932 14 39-221-00-017 Exempt Vacant 0.49 0 $2,781 $0 $2,781 15 39-221-00-019 Vacant 0.02 0 $203 $0 $203 16 39-221-17-001 Apartments 2.56 6,419 $80,196 $75,762 $155,958 17 39-221-21-001 Industrial 1.74 21,600 $131,882 $651,872 $783,754 18 39-221-21-002 Industrial 2.86 10,570 $120,819 $279,845 $400,664 19 39-221-99-005 Vacant 9.59 0 $190,313 $0 $190,313 20 39-232-00-001 Vacant 0.72 0 $177,510 $0 $177,510 21 39-232-00-001 Vacant 13.44 0 $177,510 $0 $177,510 22 39-232-00-002 Industrial 2.52 0 $115,965 $0 $115,965 23 39-232-00-003 Industrial 7.29 8,000 $48,993 $386,193 $435,186 24 39-232-00-004 Industrial 10.06 3,920 $53,589 $125,048 $178,637 25 39-232-00-005 Vacant 0.94 0 $47,782 $0 $47,782 26 39-232-00-007 Vacant 0.83 0 $10,451 $0 $10,451 27 39-232-00-024 Industrial 3.75 3,168 $119,054 $101,259 $220,313 28 39-232-02-045 Vacant 0.97 0 $9,499 $0 $9,499 ROW 38.49 0 $0 $0 $0 WATER 2.53 0 $0 $0 $0 Total 108.86 147,805 $2,101,839 $3,568,569 $5,670,408 Source: Jefferson County Assessor; Economic & Planning Systems Z:\Shared\Projects\DEN\233048-Wheat Ridge Urban Renewal Plan I-70 & Carr\Data\[233048-Study Area Parcels.xlsx]T-Parcels Assessed Valuation Economic & Planning Systems, Inc. 7 Figure 1. Clearvale Proposed Urban Renewal Boundary and Parcels Field Survey Approach The following assessment is based on a field survey conducted by EPS. The survey team toured the Study Area, taking notes and photographs to document existing conditions corresponding to the blight factor evaluation criteria detailed in the following section. Clearvale Existing Conditions Survey 8 Blight Factor Evaluation Criteria This section details the conditions used to evaluate blight during the field survey. The following conditions correspond with 7 of the 11 blight factors in the Urban Renewal Law. Additional information on a number of these factors for which data was available was also collected. The remaining four blight factors cannot be visually inspected and are dependent on other data sources. Given the prevalence of physically observable conditions of blight in the initial set of seven, these remaining blight factors were not investigated. Street Layout The following conditions evaluate the Urban Renewal Law blight factor “(b) predominance of defective or inadequate street layout,” through assessment of the safety, quality, and efficiency of street layouts, site access, and internal circulation. Typical examples of conditions that portray this criterion include: • Inadequate street or alley width / cross-section / geometry • Poor provision of streets or unsafe conditions for vehicular traffic • Poor provision of sidewalks/walkways or unsafe conditions for pedestrians • Insufficient roadway capacity • Inadequate emergency vehicle access • Poor vehicular or pedestrian access to buildings or sites • Excessive curb cuts / driveways along commercial blocks • Poor internal vehicular or pedestrian circulation Lot Layout The following conditions evaluate the Urban Renewal Law blight factor “(c) Faulty lot layout in relation to size, adequacy, accessibility, or usefulness.” Typical examples of conditions that portray this criterion include: • Faulty or inadequate lot shape or layout • Poor vehicular access • Lot size is deemed unusable Unsafe/Unsanitary The following conditions establish evidence of Urban Renewal Law blight factor “(d) unsanitary or unsafe conditions,” by evaluating visual conditions that indicate the occurrence of activities that inhibit the safety and health of the area including, but not limited to, excessive litter, unenclosed dumpsters, and vandalism. Economic & Planning Systems, Inc. 9 Typical examples include: • Floodplains or flood prone areas • Inadequate storm drainage systems/evidence of standing water • Poor fire protection facilities • Above average incidences of public safety responses • Inadequate sanitation or water systems • Existence of contaminants or hazardous conditions or materials • High or unusual crime statistics • Open/unenclosed trash dumpsters • Cracked or uneven surfaces for pedestrians • Illegal dumping/excessive litter • Vagrants/vandalism/graffiti/gang activity • Open ditches, holes, or trenches in pedestrian areas • Poorly lit or unlit areas • Insufficient grading/steep slopes • Unsafe or exposed electrical wire Site Improvements The following conditions evaluate the Urban Renewal Law blight factor “(e) deterioration of site or other improvements,” by evidence of overall maintenance deficiencies within the plan area including, deterioration, poorly maintained landscaping, and overall neglect. Examples of blighted site improvements include: • Neglected properties or evidence of maintenance deficiencies • Deteriorated signage or lighting • Deteriorated fences, walls, or gates • Deteriorated on-site parking surfaces, curb and gutter, or sidewalks • Unpaved parking lot (commercial properties) • Poor parking lot/driveway layout • Poorly maintained landscaping/overgrown vegetation Infrastructure The observation of the following infrastructure insufficiencies is evidence of Urban Renewal Law blight factor “(f) unusual topography or inadequate public improvements or utilities.” Prototypical features of blight under this topic include: • Deteriorated pavement, curb, sidewalks, lighting, or drainage • Lack of pavement, curb, sidewalks, lighting, or drainage • Presence of overhead utilities or billboards • Inadequate fire protection facilities/hydrants • Inadequate sanitation or water systems • Unusual topography Clearvale Existing Conditions Survey 10 Endangerment The following conditions evaluate the Urban Renewal Law blight factor “(h) The existence of conditions that endanger life or property by fire or other causes.” Typical examples of conditions that portray this criterion include: • Fire safety problems • Hazardous contaminants • High frequency of crime • Floodplain or flood hazards Vacancy The following conditions are evidence of Urban Renewal Law blight factor “(k) the existence of health, safety, or welfare factors requiring high levels of municipal services or substantial physical underutilization or vacancy of sites, buildings, or other improvements.” Various examples of features that fulfill this criterion include: • An undeveloped parcel in a generally urbanized area • Disproportionately underdeveloped parcel • Vacant structures • Vacant units in multi-unit structures Other Considerations The remaining four blight factors specified in the Urban Renewal Law were not investigated further due to sufficient evidence from the visual field survey supporting a condition of blight in 7 of the 11 blight factors. (a) Slum, deteriorated, or deteriorating structures; (g) Defective or unusual conditions of title rendering the title nonmarketable. (I) Buildings that are unsafe or unhealthy for persons to live or work in because of building code violations, dilapidation, deterioration, defective design, physical construction, or faulty or inadequate facilities. (j) Environmental contamination of buildings or property, Results of Field Surve y This section summarizes the findings of the visual field survey of the Study Area. Table 2 documents the specific blight conditions observed. These conditions are further explained following the table, for each specific category, and include image documentation or supportive data. Economic & Planning Systems, Inc. 11 Table 2. Blight Conditions in Study Area 2.01 Inadequate Street or Alley Width / Cross-section / Geometry 2.02 Poor Provisions or Unsafe Conditions for Vehicular Traffic X 2.03 Poor Provisions or Unsafe Conditions for Pedestrians X 2.04 Insufficient Roadway Capacity Leading to Unusual Congestion 2.05 Inadequate Emergency Vehicle Access 2.06 Poor Vehicular or Pedestrian Access to Buildings or Sites 2.07 Excessive Curb Cuts / Driveways along Commercial Blocks 2.08 Poor Internal Vehicular or Pedestrian Circulation X 3.01 Faulty or inadequate lot shape or layout 3.02 Poor vehicular access X 3.03 Lot size is deemed not useful 4.01 Floodplains or Flood Prone Areas X 4.02 Inadequate Storm Drainage Systems/Evidence of Standing Water 4.03 Poor Fire Protection Facilities 4.04 Above Average Incidences of Public Safety Responses 4.05 Inadequate Sanitation or Water Systems 4.06 Existence of Contaminants or Hazardous Conditions or Materials 4.07 High or Unusual Crime Statistics 4.08 Open / Unenclosed Trash Dumpsters X 4.09 Cracked or Uneven Surfaces for Pedestrians 4.10 Illegal Dumping / Excessive Litter X 4.11 Vagrants/Vandalism/Graffiti/Gang Activity X 4.12 Open Ditches, Holes, or Trenches in Pedestrian Areas 5.01 Neglected Properties or Evidence of Maintenance Deficiencies X 5.02 Deteriorated Signage or Lighting X 5.03 Deteriorated Fences, Walls, or Gates X 5.04 Deteriorated On-Site Parking Surfaces, Curb & Gutter, or Sidewalks X 5.05 Unpaved Parking Lot (Commercial Properties)X 5.06 Poor Parking Lot / Driveway Layout 5.07 Poorly Maintained Landscaping / Overgrown Vegetation 6.01 Deteriorated pavement, curb, sidewalks, lighting, or drainage X 6.02 Lack of pavement, curb, sidewalks, lighting, or drainage X 6.03 Presence of Overhead Utilities or Billboards X 6.04 Inadequate Fire Protection Facilities / Hydrants 6.05 Inadequate Sanitation or Water Systems 6.06 Unusual Topography 8.01 Fire safety problems 8.02 Hazardous contaminants 8.03 High frequency of crime 8.04 Floodplain or flood hazards X 11.04 An Undeveloped Parcel in a Generally Urbanized Area X 11.05 Disproportionately Underdeveloped Parcel X 11.06 Vacant Structures 11.07 Vacant Units in Multi-Unit Structures Va c a n c y Conditions Observed St r e e t L a y o u t Un s a f e / U n s a n i t a r y Si t e I m p r o v e m e n t s In f r a s t r u c t u r e L o t L a y o u t En d a n g e r m e n t Clearvale Existing Conditions Survey 12 1. Street layout: poor provisions or unsafe conditions for vehicles and pedestrians, poor internal vehicular or pedestrian circulation Poor provisions or unsafe conditions for vehicles were observed along West 48th Avenue at the intersection of Carr Street and eastward with cracked pavement and potholes, as shown in Figure 2. Poor provisions and unsafe conditions for pedestrians were observed in the form of lack of sidewalks along West 44th Avenue, as shown in Figure 3. At the intersection of West 48th Avenue and Carr Street there is a shallow sidewalk and curb cut that does not extend across the street. Additionally, along Garison Street the sidewalk abruptly ends after the West 44th Avenue intersection and is fragmented along the rest of Garison with large stretches missing sidewalks on both sides of the street. Figure 2. Poor Provisions or Unsafe Conditions for Vehicles Economic & Planning Systems, Inc. 13 Figure 3. Poor Provisions or Unsafe Conditions for Pedestrians Poor internal vehicular access was observed with West 48th Avenue having no outlet to the east of Carr Street, shown below in Figure 4 and Figure 5. West 48th Avenue abruptly ends and is tightly constrained by I-70 to the north, Cleark Creek to the south, and the I-70 off-ramp and Wadsworth Boulevard to the east leaving no additional opportunities for access points. The limited access for these parcels along West 48th Avenue restricts the type and amount of development that can occur. Clearvale Existing Conditions Survey 14 Figure 4. Poor Internal Vehicular or Pedestrian Circulation 2. Lot layout: poor vehicular access As previously mentioned, the northeast section of the Study Area is constrained by the Interstate and Clear Creek and has only a single access point along West 48th Avenue, which has no outlet, as shown in Figure 5. This limited accessibility for the commercial properties in this section of the Study Area restricts the amount and type of development that is feasible. Economic & Planning Systems, Inc. 15 Figure 5. Poor Vehicular Access 3. Unsafe/unsanitary: floodplain or flood prone areas, open/unenclosed dumpsters, excessive litter, and vandalism/graffiti/vagrants Due to the proximity to Clear Creek, the majority of the Study Area is in a Special Flood Hazard Area (SFHA), as shown in Figure 6. SFHA is defined by the Federal Emergency Management Agency (FEMA) as the area that will be inundated by the flood event having a 1 percent chance of being equaled or exceeded in any given year. This is more commonly referred to as the base flood or 100-year flood. Throughout the Study Area, several unsafe or unsanitary conditions were observed including vandalism/graffiti, excessive litter, evidence of vagrants, and open/unenclosed trash dumpster. Along West 48th Avenue east of Carr Street two walls/barriers were observed with graffiti. Multiple instances of graffiti were also observed on a bridge along the Clear Creek trail in the Study Area, as shown in Figure 7. A concentration of excessive litter was found along West 48th Avenue with old tires and piles of leaves and branches as well as trash, cardboard, and plastic bags scattered around, shown below in Figure 8. Additionally, there was evidence of vagrants with two mattresses, a bedframe, and bedsheet alongside the street. A trash dumpster was left open and unenclosed in Wheat Ridge Industrial Park off West 48th Avenue, shown below in Figure 9. Clearvale Existing Conditions Survey 16 Figure 6. Floodplain or Flood Prone Areas Economic & Planning Systems, Inc. 17 Figure 7. Vandalism/Graffiti Clearvale Existing Conditions Survey 18 Figure 8. Excessive Litter and Evidence of Vagrants Economic & Planning Systems, Inc. 19 Figure 9. Open/Unenclosed Trash Dumpster 4. Site improvements: maintenance deficiencies, deteriorated signage, fences, on-site parking surfaces, and curb and gutter; and unpaved parking lot Portions of the Study Area show signs of neglect with deteriorated site improvements. Evidence of maintenance deficiencies were observed along West 48th Avenue with a damaged utility box that is unable to close, shown in Figure 10. Near the truck driving school along West 48th Avenue a deteriorated sign (Figure 11) and deteriorated fence (Figure 13) were observed. The fence has a pole detached and is angled downward. Commercial parking surfaces along West 48th Avenue and West 44th Avenue show signs of deterioration with potholes and severely cracked pavement (Figure 13). There is also no curb and gutter along West 48th Avenue east of Carr Street, with the exception of in front of the Wheat Ridge Industrial Park. Additionally, the parking lot on the right side of the United States Truck Driving School is unpaved, shown below in Figure 14. Clearvale Existing Conditions Survey 20 Figure 10. Maintenance Deficiencies Figure 11. Deteriorated Signage Economic & Planning Systems, Inc. 21 Figure 12. Deteriorated Fences Figure 13. Deteriorated On-site Parking Surfaces, and Curb and Gutter Clearvale Existing Conditions Survey 22 Figure 14. Unpaved Parking Lot 5. Infrastructure: deteriorated and lack of pavement, curb, and sidewalks; presence of overhead utilities and billboards Various types of infrastructure showed signs of deterioration and in need of maintenance or were entirely lacking including pavement, curbs, and sidewalks. As previously mentioned, pavement along West 48th Avenue and in the commercial parking lots along West 44th Avenue showed signs of deterioration (Figure 15). There is also a significant lack of pavement, curbs, and sidewalks along West 48th Avenue and Garison Street (Figure 16). The presence of overhead utilities can be seen throughout many of the photos taken during the field survey and are also shown below in Figure 17. In addition to the overhead utilities, the Study Area includes a billboard located adjacent to I-70 at the end of West 48th Avenue. Economic & Planning Systems, Inc. 23 Figure 15. Deteriorated Pavement and Curbs Clearvale Existing Conditions Survey 24 Figure 16. Lack of Pavement, Curbs, and Sidewalks Economic & Planning Systems, Inc. 25 Figure 17. Presence of Overhead Utilities and Billboards 6. Endangerment: floodplain or flood hazards Endangerment was identified in the Study Area in the form of flood hazards. Majority of the Study Area is within a Special Flood Hazard Area (SFHA) due to Clear Creek that flows within the east side of the Study Area, as shown previously in Figure 6. Clearvale Existing Conditions Survey 26 7. Vacancy: An undeveloped parcel in a generally urbanized area and disproportionately underdeveloped parcel The entirety of the Study Area is not being utilized to its highest and best use. This is especially apparent for the industrial properties south of West 48th Avenue and north of West 44th Avenue. These include large parcels used for construction, truck driving school, and truck sales, which are not the highest and best uses in an urbanized area such as this. The surrounding area is developed with a significant amount of residential development and some commercial along West 44th Avenue and North of I-70 (Figure 18). Additionally, parcel 25 (Figure 1) at the intersection of Carr Street and West 48th Avenue is an undeveloped parcel in an urbanized area. It is currently vacant and being used for storage. There are approximately 27 acres of vacant land within the Study Area, but nearly all of these parcels are either Clear Creek or ROW and cannot accommodate development. Figure 18. Underdeveloped in a Generally Urbanized Area Economic & Planning Systems, Inc. 233048-Draft Report_Clearvale Existing Conditions Survey.docx 27 3. Conclusions Based on the definition of a blighted area in the Colorado Urban Renewal Law, Colorado Revised Statutes (C.R.S.) § 31‐25‐101 et seq., and based on the field survey results of the Study Area, EPS concludes that the Study Area is a blighted area as defined in the Colorado Urban Renewal Law, Colorado Revised Statutes (C.R.S.) § 31‐ 25‐101 et seq. The visual field survey conducted in August 2023 documented 7 of the 11 factors of blight within the Study Area. Based on the findings of this evaluation, this blighted area, as written in the Urban Renewal Law, “substantially impairs or arrests the sound growth of the municipality, retards the provision of housing accommodations, or constitutes an economic or social liability, and is a menace to the public health, safety, morals, or welfare.” Evidence of the following Urban Renewal Law blight factors are documented in this report: (b) Predominance of defective or inadequate street layout. (c) Faulty lot layout in relation to size, adequacy, accessibility, or usefulness. (d) Unsanitary or unsafe conditions. (e) Deterioration of site or other improvements. (f) Unusual topography or inadequate public improvements or utilities. (h) The existence of conditions that endanger life or property by fire or other causes. (k.5) The existence of health, safety, or welfare factors requiring high levels of municipal services or substantial physical underutilization or vacancy of sites, buildings, or other improvements. Evidence of the following Urban Renewal Law blight factors were not visually observable, and based on the presence of other, more significant physical conditions, these factors of blight did not warrant further investigation. (a) Slum, deteriorated, or deteriorating structures. (g) Defective or unusual conditions of title rendering the title nonmarketable. (I) Buildings that are unsafe or unhealthy for persons to live or work in because of building code violations, dilapidation, deterioration, defective design, physical construction, or faulty or inadequate facilities. (j) Environmental contamination of buildings or property. Clearvale Existing Conditions Survey 28 As established by Urban Renewal case law in Colorado, this assessment is based on the condition of the Study Area as a whole. There is substantial evidence and documentation of 7 of the 11 blight factors in the Study Area. ITEM NUMBER: 2 DATE: September 22, 2025 REQUEST FOR CITY COUNCIL ACTION RESOLUTION 46-2025 TITLE: A RESOLUTION APPROVING THE LUTHERAN LEGACY CAMPUS URBAN RENEWAL PLAN AND FINDING THAT THE PLAN AREA IS A BLIGHTED AREA, DESIGNATING SUCH AREA AS APPROPRIATE FOR AN URBAN RENEWAL PROJECT PURSUANT TO THE PLAN, AND FINDING THAT THE ACQUISITION, CLEARANCE, REHABILITATION, CONSERVATION, DEVELOPMENT, REDEVELOPMENT, OR A COMBINATION THEREOF OF SUCH AREA IS NECESSARY IN THE INTEREST OF THE PUBLIC HEALTH, SAFETY, MORALS, AND WELFARE OF THE RESIDENTS OF THE CITY OF WHEAT RIDGE ☒PUBLIC HEARING ☐BIDS/MOTIONS ☒RESOLUTIONS ☐ORDINANCES FOR 1st READING ☐ORDINANCES FOR 2nd READING QUASI-JUDICIAL ☐YES ☒NO ISSUE: Urban renewal plans are adopted by City Council and implemented by the Urban Renewal Authority d/b/a Renewal Wheat Ridge. The proposed Lutheran Legacy Campus Urban Renewal Plan area is located between 38th Avenue to the north and 32nd Avenue to the south and Allison Street to the east and Dudley Street to the west. The Plan will allow for the use of tax increment financing (TIF) within the plan area. PRIOR ACTION: City Council provided consensus at the August 1, 2022 study session for Renewal Wheat Ridge to begin the process of creating a new urban renewal area and plan for the Lutheran Legacy Campus. A draft Lutheran Legacy Campus Urban Renewal Plan was presented to City Council at the March 18, 2024 study session. Consensus was reached at that time to bring back the Plan for formal adoption at a subsequent meeting. Council Action Form – Lutheran Legacy Campus URA Plan September 22, 2025 Page 2 On February 15, 2024, the Wheat Ridge Planning Commission unanimously adopted a resolution finding that the Plan adheres to the City's Comprehensive Plan, Envision Wheat Ridge, consistent with the process set forth in the Colorado Urban Renewal Law. On May 14, 2025, City Council adopted an ordinance to comply with House Bill 15- 1348 in regard to urban renewal authority board membership and tax sharing agreements with taxing entities within the urban renewal area. FINANCIAL IMPACT: Approval of the Lutheran Legacy Campus Urban Renewal Plan will have no direct impact on the City's budget but could provide for future redevelopment opportunities that further the City's economic development goals. BACKGROUND: Renewal Wheat Ridge (RWR) contracted with Economic and Planning Systems (EPS) to complete a Conditions Survey to analyze conditions within the Plan Area to determine whether factors contributing to blight are present and whether the Plan Area may, therefore, be considered eligible as an urban renewal area under the provision of the Colorado Urban Renewal Law. It is the conclusion of this survey that there are physical conditions within the Plan area sufficient to meet criteria in Colorado law as "blighting factors." Specifically, six of the possible 11 blight factors were found to be present including: 1. Street layout: poor provisions or unsafe conditions for pedestrians, poor internal vehicular or pedestrian circulation 2. Lot layout: poor vehicular access 3. Unsafe/unsanitary: cracked or uneven surfaces for pedestrians, excessive litter, vandalism/graffiti, open ditches, holes, or trenches in pedestrian areas 4. Site improvements: neglected properties, deteriorated signage, lighting, on- site parking surfaces, curb and gutter, or sidewalks, and unpaved parking lot 5. Infrastructure: deteriorated pavement, curb, sidewalks, or lighting; unusual topography 6. Vacancy: vacant structures and an underdeveloped parcel in a generally urbanized area EPS created the draft Lutheran Legacy Campus Urban Renewal Plan with the purpose and vision of reducing, eliminating and preventing the spread of blight and to stimulate and catalyze growth and investment within the area boundaries. To accomplish this purpose the Plan is intended to promote local objectives expressed in adopted community plans such as the Lutheran Legacy Master Plan, approved by City Council in October 2021 and advance the priorities of the Envision Wheat Ridge Comprehensive Plan as well as the newly adopted City Plan. Council Action Form – Lutheran Legacy Campus URA Plan September 22, 2025 Page 3 The Plan addresses financing mechanisms and methodology involved in financing activities pursuant to Urban Renewal Law. The Plan contemplates that the primary method of assisting with financing eligible expenses in the Plan Area will be through the use of revenues generated by Property Tax Increment and Sales Tax Increment. It is the intent of the City Council in approving this Plan to authorize the use of tax increment financing (TIF) by RWR as part of its efforts to advance the vision, objectives, and activities described in the Plan. RECOMMENDATIONS: Staff recommends approval of the Lutheran Legacy Urban Renewal Plan for the following reasons: • The Plan is consistent with many of the values, goals. and strategies stated in the City Plan. • The Plan will facilitate the redevelopment of a blighted area and help stimulate growth in jobs, housing, sales tax, and aesthetic appeal of the community. RECOMMENDED MOTION: "I move to approve Resolution No. 46-2025, a resolution approving the Lutheran Legacy Campus Urban Renewal Plan and finding that the Plan Area is a blighted area designating such area as appropriate for an urban renewal project pursuant to the Plan, and finding that the acquisition, clearance, rehabilitation, conservation, development, redevelopment, or a combination thereof of such area is necessary in the interest of the public health, safety, morals, and welfare of the residents of the City of Wheat Ridge." Or, “I move to table indefinitely Resolution No. 46-2025, a resolution approving the Lutheran Legacy Campus Urban Renewal Plan and finding that the Plan Area is a blighted area designating such area as appropriate for an urban renewal project pursuant to the Plan, and finding that the acquisition, clearance, rehabilitation, conservation, development, redevelopment, or a combination thereof of such area is necessary in the interest of the public health, safety, morals, and welfare of the residents of the City of Wheat Ridge, for the following reason(s) _____ " REPORT PREPARED/REVIEWED BY: Steve Art, Executive Director RWR Corey Hoffmann, RWR Legal Counsel Patrick Goff, City Manager Council Action Form – Lutheran Legacy Campus URA Plan September 22, 2025 Page 4 ATTACHMENTS: 1. Resolution 46-2025 2. Exhibit A – Lutheran Legacy Campus Urban Renewal Plan 3. Lutheran Legacy Campus Conditions Survey CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 46 SERIES OF 2025 TITLE: A RESOLUTION APPROVING THE LUTHERAN LEGACY CAMPUS URBAN RENEWAL PLAN AND FINDING THAT THE PLAN AREA IS A BLIGHTED AREA, DESIGNATING SUCH AREA AS APPROPRIATE FOR AN URBAN RENEWAL PROJECT PURSUANT TO THE PLAN, AND FINDING THAT THE ACQUISITION, CLEARANCE, REHABILITATION, CONSERVATION, DEVELOPMENT, REDEVELOPMENT, OR A COMBINATION THEREOF OF SUCH AREA IS NECESSARY IN THE INTEREST OF THE PUBLIC HEALTH, SAFETY, MORALS, AND WELFARE OF THE RESIDENTS OF THE CITY OF WHEAT RIDGE WHEREAS, an urban renewal plan for the Lutheran Legacy Campus Urban Renewal Plan Area (the “Area”) has been submitted to the City Council of the City of Wheat Ridge pursuant to Part 1 of Article 25 of Title 31, C.R.S.; WHEREAS, Lutheran Legacy Campus Urban Renewal Plan Area which is subject to the Lutheran Legacy Campus Urban Renewal Plan (the “Plan”) is described in Exhibit A to this Resolution; WHEREAS, the City Planning Commission has submitted its written recommendation to the City Council that the Plan is in conformance with the Wheat Ridge Comprehensive Plan pursuant to Section 31-25-107(2), C.R.S.; WHEREAS, a copy of the Plan and information regarding the impact of the Plan were submitted to the taxing entities imposing a mill levy on the Plan Area; WHEREAS, notices of the public hearing for consideration and approval of the Plan by City Council were provided by publication and by written notices to property owners, residents, and business owners in the Area in compliance with the Urban Renewal Law, C.R.S. §§ 31-25-101 et seq.; WHEREAS, a public hearing on the Plan was held on September 22, 2025, providing a full opportunity for property owners, residents, taxpayers, people and business owners in the Area and all interested persons to be heard; WHEREAS, the inclusion of certain areas and properties designated in the Plan within the Area would provide for the elimination and prevention of blight and the development, redevelopment and rehabilitation of the blighted areas, so that the areas ATTACHMENT 1 can be developed or redeveloped by the public and private sectors to provide a safer and more useful environment for its users and inhabitants; to develop and redevelop such properties to provide necessary, greater and reasonable economic utilization of such areas; to promote, enhance and provide public facilities; to eliminate traffic, transportation, pedestrian and other hazards within the areas; to ensure reasoned and sound social, physical and economic growth and improvement within the City; to promote the public health, safety and welfare; to promote and effect the goals, objectives and purposes of the Plan and the Comprehensive Plan of the City; to provide a sound financial and economic base for the community; to provide a necessary tax base for the City and to comply with the intent and purpose of the Urban Renewal Law; and WHEREAS, the City Council has conducted a public hearing, considered the public testimony, and hereby determines, that it is in the best interests of the City of Wheat Ridge and the Wheat Ridge Urban Renewal Authority to adopt the Plan as proposed. NOW, THEREFORE, BE IT RESOLVED by the Wheat Ridge City Council, that: Section 1. Blight as defined by C.R.S. § 31-25-103(2) is present in the Lutheran Legacy Campus Urban Renewal Plan Area as documented by the City of Wheat Ridge Lutheran Legacy Campus Conditions Survey prepared by Economic and Planning Systems and based on evidence presented at the public hearing. The following blight factors are present in the Lutheran Legacy Campus Urban Renewal Area: Street layout: poor provisions or unsafe conditions for pedestrians, poor internal vehicular or pedestrian circulation; Lot layout: poor vehicular access; Unsafe/unsanitary: cracked or uneven surfaces for pedestrians, excessive litter, vandalism/graffiti, open ditches, holes, or trenches in pedestrian areas; Site improvements: neglected properties, deteriorated signage, lighting, on-site parking surfaces, curb and gutter, or sidewalks, and unpaved parking lot; Infrastructure: deteriorated pavement, curb, sidewalks, or lighting; unusual topography; Vacancy: vacant structures and an underdeveloped parcel in a generally urbanized area. Section 2. The Lutheran Legacy Campus Urban Renewal Plan Area is a blighted area and is appropriate for an urban renewal project, pursuant to Part 1 of Article 25 of Title 31, C.R.S. Section 3. The principal purpose for the adoption of the Lutheran Legacy Campus Urban Plan is to facilitate redevelopment in order to eliminate or prevent the spread of physically blighted areas. Section 4. The City Council hereby makes the following findings with respect to the proposed Plan: A. A feasible method exists for the relocation of families or individuals who may or will be displaced by redevelopment projects in decent, safe and sanitary dwelling accommodations within their means and without undue hardship. B. A feasible method exists for the relocation of business concerns that may or will be displaced by redevelopment projects either in the Area or in other areas that are not generally less desirable regarding public utilities and public and commercial facilities. C. The City Council has caused its staff to take reasonable efforts to provide written notice of the public hearing to property owners, residents and business owners in the Area at their last known addresses at least 30 days prior to this public hearing of September 22, 2025. D. Section 31-25-107 (4) (e) C.R.S. of the Urban Renewal Law does not apply in that not more than 120 days have passed since the first public hearing on this Plan, because this is the first public hearing. E. Section 31-25-107 (4) (e) C.R.S. of the Urban Renewal Law does not apply in that City Council did not fail to previously approve this Plan F. The Plan conforms to the City’s Comprehensive Plan. G. The provisions of the Plan, consistent with the needs of the City, provide maximum opportunity for redevelopment of the Area by private enterprise. H. Section 31-25-107 (5) C.R.S. of the Urban Renewal Law is not applicable to this Plan. I. To the extent that the Area may consist of an areas of open land which may be developed for non-residential uses under the Plan, City Council hereby determines that such non-residential uses are necessary and appropriate to facilitate the proper growth and development of the City in accordance with sound planning standards and City’s objectives. The potential acquisition of such areas may require the actions of the Authority, in compliance with the Urban Renewal Law, because such open areas are within areas of blight or blighted conditions. J. City Council has determined that the boundaries of the Areas have been drawn as narrowly as feasible to accomplish the planning and development objectives of the Plan in accordance with Section 31-25- 107(1) C.R.S. of the Urban Renewal Law. K. The acquisition, clearance, rehabilitation, conservation, development or redevelopment, or a combination thereof, of the Lutheran Legacy Campus Urban Renewal Area pursuant to the Lutheran Legacy Campus Urban Renewal Plan is necessary and in the best interests of the public health safety morals and welfare of the residents of the City of Wheat Ridge. Section 5. The Plan provides for the use of tax increment financing, such financing mechanisms will be utilized with the initial adoption of this Plan. Section 6. Taxing entities imposing a mill levy upon the Plan Area were provided a copy of the Plan and information regarding its impact, in compliance with Urban Renewal Law. Section 7. The Wheat Ridge Urban Renewal Authority is authorized to exercise the powers of eminent domain to carry out, effect or administer the Plan. Section 8. The proposed Plan accompanying this Resolution and incorporated herein is adopted as the Lutheran Legacy Campus Urban Renewal Plan for the City of Wheat Ridge and may be referred to as the Lutheran Legacy Campus Urban Renewal Plan. The Plan is an urban renewal plan as defined in Section 31-25-103(9) C.R.S. of the Urban Renewal Law Section 9. The Lutheran Legacy Campus Urban Renewal Plan shall control the land area, land use, design, building requirements, timing of development, and procedure for implementation of such Plan in the Lutheran Legacy Campus Urban Renewal Plan Area and in the City of Wheat Ridge, as may be applicable. DONE AND RESOLVED this 22nd day of September 2025. [SEAL] Bud Starker, Mayor ATTEST: Margy Greer, Sr. Deputy City Clerk Lutheran Legacy Campus Urban Renewal Plan Prepared for: Wheat Ridge Urban Renewal Authority dba Renewal Wheat Ridge and the City of Wheat Ridge Prepared by: Economic & Planning Systems, Inc. October 25, 2023 EPS #223132 ATTACHMENT 2 EXHIBIT A Table of Contents Introduction ............................................................................................. 1 Preface ........................................................................................................ 1 Blight Findings .............................................................................................. 1 Urban Renewal Area Boundaries ...................................................................... 1 Ownership ................................................................................................... 2 Zoning and Land Use ..................................................................................... 2 Definitions ............................................................................................... 4 Plan Purpose ............................................................................................ 6 Vision .......................................................................................................... 6 Blight Conditions ...................................................................................... 8 Plan Goals and Conformance .................................................................... 10 Plan Goals and Objectives ............................................................................ 10 Plan Conformance ....................................................................................... 10 Authorized Urban Renewal Undertakings and Activities ................................ 18 Project Financing .................................................................................... 22 Financing Powers ........................................................................................ 22 Tax Increment Financing District ................................................................... 23 Property Tax Increment Financing ................................................................. 23 Sales Tax Increment Financing ...................................................................... 25 Tax Increment Reimbursements .................................................................... 26 Severability and Reasonable Variations ...................................................... 27 Effective Date of the Plan ......................................................................... 28 List of Tables Table 1. Parcels contained in the Plan Area ........................................................... 3 List of Figures Figure 1. Lutheran Legacy Campus Urban Renewal Plan Area.................................... 2 Figure 2. Lutheran Legacy Campus Master Plan Zones ........................................... 14 Economic & Planning Systems, Inc. 223132-Draft Lutheran Legacy Campus URA Plan_8-20-2025 1 Introduction Preface This document, Lutheran Legacy Campus Urban Renewal Plan (“Plan” or the “Urban Renewal Plan”) has been prepared for the City of Wheat Ridge, Colorado (the “City”), a home rule municipality of the State of Colorado. The Plan will be carried out by Wheat Ridge Urban Renewal Authority dba Renewal Wheat Ridge (the “Authority”), pursuant to the provisions of the Urban Renewal Law of the State of Colorado, Part 1 of Article 25 of Title 31, Colorado Revised Statutes, 1973, as amended to date (the “Act”). The administration and implementation of this Plan, including the preparation and execution of any documents implementing it, shall be performed by the Authority. Blight Findings Under the Act, an urban renewal area is a blighted area, as defined by the Act, and has been designated as appropriate for an urban renewal project by the City Council of the City (the “City Council”). In each urban renewal area, conditions of blight must be present, and the City Council must find that the presence of those conditions of blight substantially impair or arrest the sound growth of the municipality or constitutes an economic or social liability, and is a menace to the public health, safety, morals, or welfare for the Authority to exercise its powers. The Project Lutheran Legacy Campus Existing Conditions Survey prepared by Economic & Planning Systems (EPS) in August 2023 (“Conditions Survey”) was provided to the Authority under separate cover and demonstrates that the Project Lutheran Legacy Campus (“Study Area”), as defined in the Conditions Study, is eligible to be declared a blighted area by the City Council under the Act. The Conditions Survey identified and documented 6 of the 11 blight factors present in the Study Area. A description of the blight factors and observations is presented below in Section 4 of this report. Urban Renewal Area Boundaries The Lutheran Legacy Campus Urban Renewal Area (“URA” or “Plan Area”) is located in the City of Wheat Ridge in Jefferson County. The Plan Area is comprised of 20 parcels on approximately 112 acres of land and adjacent right of way (ROW) along West 38th Avenue, West 32nd Avenue, Dudley Street, Allison Street, and the Rocky Mountain Ditch. The address of the Plan Area to which this Plan applies is generally located at 8300 West 38th Avenue, illustrated below in Figure 1 and more particularly described in Exhibit A attached hereto and made a part of hereof. Lutheran Legacy Campus Urban Renewal Plan 2 Figure 1. Lutheran Legacy Campus Urban Renewal Plan Area Ownership The parcels located within the Plan Area are owned by the Sisters of Charity of Leavenworth Health, Foothills Medical Building Company LLP, and the City and County of Denver. Zoning and Land Use The parcels within the Plan Area are currently used as a combination of hospital and medical offices, parking for these facilities, vacant land, and water elements including an irrigation ditch and some ponds that function as landscape features, as shown in Table 1. The improvements in the Plan Area include the hospital with approximately 675,100 square feet and various medical office buildings with a total of approximately 111,000 square feet. Economic & Planning Systems, Inc. 3 Most of the Plan Area is currently zoned Planned Hospital Development (PHD) except for the medical office building at the northwest corner of the Plan Area (parcel 39-271-01-004), which is zoned Planned Commercial District (PCD) and parcels along the western edge of the Plan Area that are zoned Residential-One (R-1) (parcel 39-271-01-005) and Residential-Two (R-2) (parcel 39-271-12-001). PHD and PCD designated areas have property specific zoning and their own list of permitted uses and development standards that apply to the specific property. R- 1 and R-2 zoning districts typically provide high quality, safe, quiet, and stable low- to moderate-density residential neighborhoods, and prohibit activities of any nature that are incompatible with the residential character. Table 1. Parcels contained in the Plan Area Since the relocation of the hospital was not anticipated, the land uses proposed in the Plan Area do not align with current zoning classifications. However, in 2021, the City adopted the Lutheran Legacy Campus Master Plan that charts the path for redevelopment and recommends amendments to the zoning, as well as Envision Wheat Ridge and the City Charter in order to facilitate redevelopment of the campus. Land Bldg. #Parcel Land Use Acres Sq. Ft.Land Improv. Total 1 39-271-01-004 Medical Office 2.52 44,805 $635,663 $1,200,559 $1,836,222 2 39-262-00-021 Vacant 38.45 0 $499,822 $0 $499,822 3 39-262-00-045 Hospital 29.06 675,098 $377,761 $14,491,127 $14,868,888 4 39-262-00-041 Medical Office 0.40 46,454 $105,623 $1,612,303 $1,717,926 5 39-271-01-005 Vacant 0.01 0 $203 $0 $203 6 39-271-01-002 Vacant 2.79 0 $43,465 $0 $43,465 7 39-271-00-012 Parking 2.16 0 $136,431 $14,462 $150,893 8 39-262-00-011 Medical Office 0.00 0 $6,742 $102,913 $109,655 9 39-262-00-012 Vacant 3.30 0 $448,134 $0 $448,134 10 39-271-00-043 Vacant 0.32 0 $64,477 $0 $64,477 11 39-271-12-001 Vacant 2.52 0 $32,750 $0 $32,750 12 39-262-00-040 Medical Office 14.27 19,426 $1,938,278 $249,105 $2,187,383 13 39-262-99-001 Vacant 1.26 0 $5,828 $0 $5,828 14 39-262-00-044 Vacant 2.02 0 $26,260 $0 $26,260 15 39-271-00-042 Exempt Vacant 1.91 0 $8,839 $0 $8,839 16 39-262-08-007 Vacant 1.99 0 $25,830 $0 $25,830 17 39-262-08-006 Medical Office 2.00 638 $12,641 $9,606 $22,247 18 WATER Vacant 0.54 0 $0 $0 $0 19 WATER Vacant 0.43 0 $0 $0 $0 20 WATER Vacant 0.57 0 $0 $0 $0 ROW 5.49 0 $0 $0 $0 Total 112.00 786,421 $4,368,747 $17,680,075 $22,048,822 Source: Jefferson County Assessor; Economic & Planning Systems Assessed Valuation Lutheran Legacy Campus Urban Renewal Plan 4 Definitions Terms used in this Plan are defined below and are representative of Urban Renewal Law C.R.S. § 31-25-103. • Act or Urban Renewal Law – Urban Renewal Law of the State of Colorado, C.R.S. § 31-25-101 et seq. • Available Property Tax Increment Revenues – all Property Tax Increment Revenues available pursuant to the Tax Increment Financing provisions of the Act not payable to taxing bodies pursuant to agreements, if any, with the Authority or otherwise as provided in C.R.S. §31-25-107(9.5) of the Act. In the event that an agreement is reached with a taxing body pursuant to C.R.S. § 31-25-107(9.5) of the Act after the effective date of Plan approval by the City Council, the Property Tax Increment Revenues generated by said taxing body’s mill levy shall become Available Property Tax Increment Revenues, and the addition of such revenue shall not be a substantial modification to this Plan. • Available Revenues – any and all revenues available to the Authority, including, without limitation, Available Property Tax Increment Revenues, any revenues available to the Authority from Districts, or any other source that are available under this Plan or otherwise under the Act. • Bonds – any bonds (including refunding bonds), notes, interim certificates or receipts, temporary bonds, certificates of indebtedness, debentures, or other obligations. • District (or Districts) – for purposes of C.R.S. § 31-25-107(9) means a metropolitan district which is a quasi-municipal corporation and political subdivision of the State of Colorado organized under the Colorado Special District Act, 32-1-101, et seq., C.R.S., as from time to time amended, or a business improvement district which is a quasi-municipal corporation and political subdivision of the State of Colorado organized under the Colorado Business Improvement District Act, 31-25-1201, et seq., C.R.S., as from time to time amended, or any successor District or Districts thereto as may be approved by the City. Provided however, for purposes of C.R.S. § 31-25-104, the term “District” shall be limited to metropolitan [or special] district which is a quasi-municipal corporation and political subdivision of the State of Colorado organized under the Colorado Special District Act, 32-1-101, et seq., C.R.S. • Property Taxes – means, without limitation, all levies to be made on an ad valorem basis by or for the benefit of any public body upon taxable real and personal property in the Area. • Property Tax Increment Revenues – the property tax revenues allocated to the Authority pursuant to C.R.S. §31-25-107(9) of the Act and Section 7.0 of this Plan. Economic & Planning Systems, Inc. 5 • Real property – lands, lands under water, structures, and any and all easements, franchises, incorporeal hereditaments, and every estate and right therein, legal and equitable, including terms for years and liens by way of judgment, mortgage, or otherwise. • Redevelopment/Development Agreement – one or more agreements between the Authority and developer(s) and/or property owners or such other individuals or entities as determined by the Authority to be essential to carry out the objectives of this Plan. • Slum area – an area in which there is a predominance of buildings or improvements, whether residential or nonresidential, and which, by reason of dilapidation, deterioration, age or obsolescence, inadequate provision for ventilation, light, air, sanitation, or open spaces, high density of population and overcrowding, or the existence of conditions which endanger life or property by fire or other causes, or any combination of such factors, is conducive to ill health, transmission of disease, infant mortality, juvenile delinquency, or crime and is detrimental to the public health, safety, morals, or welfare. • Tax increment financing (TIF) – the tax allocation financing as described in C.R.S. 31-25-107(9) of the Act as in effect on the date this Plan is approved by City Council. • Urban Renewal Authority or Authority – a corporate body organized pursuant to the provisions of the Act for the purposes, with the powers, and subject to the restrictions set forth in the Act. • Urban Renewal Plan or Plan – a plan, as it exists from time to time, for an urban renewal project, which plan conforms to a general or master plan for the physical development of the municipality as a whole and which is sufficiently complete to indicate such land acquisition, demolition and removal of structures, redevelopment, improvements, and rehabilitation as may be proposed to be carried out in the urban renewal area, zoning and planning changes, if any, land uses, maximum densities, building requirements, and the plan's relationship to definite local objectives respecting appropriate land uses, improved traffic, public transportation, public utilities, recreational and community facilities, and other public improvements. • Urban Renewal Project – undertakings and activities for the elimination and for the prevention of the development or spread of slums and blight and may involve slum clearance and redevelopment, or rehabilitation, or conservation, or any combination or part thereof, in accordance with an urban renewal plan. Lutheran Legacy Campus Urban Renewal Plan 6 Plan Purpose The purpose of this Plan is to reduce, eliminate, and prevent the spread of blight within the Plan Area following the relocation of the hospital, through private development. The Plan sets goals to achieve this through implementing established objectives for the Area and assisting with the eligible costs of environmental mitigation, redevelopment, promoting economic growth and private investment through the tools available within the context of urban renewal tools, laws, and guidelines, including, without limitation, tax increment financing (TIF). Establishment of the Urban Renewal Area will take advantage of improving conditions and the upcoming development cycle by focusing urban renewal efforts in a small area for the duration in accordance with the mandates of the Act. Vision The vision of the Plan Area, as expressed in the Lutheran Legacy Campus Master Plan, is to create a flexible mixed-use development in the center with medium to higher density between North Lutheran Parkway and Lutheran Parkway West. Mindful of low-density residential areas neighboring the campus, the Plan seeks to create a buffer along the periphery of the site with a mix of lower density residences and/or open space, integrated with bicycle and pedestrian pathways that can connect residents to the center of the site. Further, the Plan aims to preserve and repurpose viable existing assets including several medical office buildings, a portion of the main existing hospital building, certain sites of historic significance, and the campus’ highly valued open spaces, including the Rocky Mountain Ditch that traverses the Plan Area from the southeast to northwest. Lastly, the Plan encourages high urban design quality and sustainability integrated into any potential future development. The Plan Area is a brownfield redevelopment and an infill development using space within the urban context rather than developing on the outside or edges of the city, recognizing the unique opportunity that the relocation of the existing medical campus offers. The Lutheran Legacy Campus Master Plan sets goals that were informed by the community and a market study to guide future development within the Plan Area. Based on the expectations of the Master Plan, the Urban Renewal Plan aims to facilitate one of the two following scenarios: Economic & Planning Systems, Inc. 7 Scenario 1 The first scenario that the Plan can enable is a medium-density mixed-use development in the center of the site between North Lutheran Parkway and Lutheran Parkway West, with a combination of retail, office, employment, and residential opportunities. The center of the site would accommodate community amenities such as pocket parks, an amphitheater, and civic amenities, along with office uses. It would promote retail uses along the eastern portion of 38th Avenue and along the northern portion of North Lutheran Parkway. The scenario will provide a diversity of housing options for both rent and ownership, catering to an array of preferences, income levels, and households, distributed across the site at varying densities – medium density towards the center of the site (30 dwelling units per acre), and lower-density along the southern portions of North Lutheran Parkway and Lutheran Parkway West (10 dwelling units per acre) and along the edges of the site (8 dwelling units per acre). Lastly, this scenario will incorporate active and passive open spaces along the Rocky Mountain Ditch and the edges of the Plan Area that can become assets to future residents of the campus and to the overall neighborhood. Scenario 2 Within the second scenario, the Plan aims to create a higher density residential development with flexible mixed-use development, comprising retail, office, and employment opportunities similar to Scenario 1. Likewise, it will also create a diverse set of housing options of higher density towards the center of the site (60 dwelling units per acre) and medium to lower density towards the edges of the Plan Area with 25 dwelling units per acre along the Parkways and 8 dwelling units per acre along the edges of the site. Drawing from elements in the first scenario, Scenario 2 will also incorporate active and passive open spaces along the Rocky Mountain Ditch and in the peripheral zones of the Plan Area. Lutheran Legacy Campus Urban Renewal Plan 8 Blight Conditions Before an urban renewal plan can be adopted by the City Council, there must be a determination that an area constitutes a blighted area. This determination depends upon the presence of several physical, environmental, and social factors. Blight is attributable to a range of conditions that, in combination, tend to accelerate the phenomenon of deterioration of an area. The definition of a blighted area is based upon the definition articulated in the Urban Renewal Law (C.R.S. § 31-25-103) as follows: “Blighted area” means an area that, in its present condition and use and, by reason of the presence of at least four of the following factors, substantially impairs or arrests the sound growth of the municipality, retards the provision of housing accommodations, or constitutes an economic or social liability, and is a menace to the public health, safety, morals, or welfare: a. Slum, deteriorated, or deteriorating structures; b. Predominance of defective or inadequate street layout; c. Faulty lot layout in relation to size, adequacy, accessibility, or usefulness; d. Unsanitary or unsafe conditions; e. Deterioration of site or other improvements; f. Unusual topography or inadequate public improvements or utilities; g. Defective or unusual conditions of title rendering the title nonmarketable; h. The existence of conditions that endanger life or property by fire and other causes; i. Buildings that are unsafe or unhealthy for persons to live or work in because of building code violations, dilapidation, deterioration, defective design, physical construction, or faulty or inadequate facilities; j. Environmental contamination of buildings or property; k.5. The existence of health, safety, or welfare factors requiring high levels of municipal services or substantial physical underutilization or vacancy of sites, building, or other improvements; or l. If there is no objection by the property owner or owners and the tenant or tenants of such owner or owners, if any, to the inclusion of such property in an urban renewal area, "blighted area" also means an area that, in its present condition and use and, by reason of the presence of any one of the factors specified in paragraphs (a) to (k.5) of this subsection (2), substantially impairs or arrests the sound Economic & Planning Systems, Inc. 9 growth of the municipality, retards the provision of housing accommodations, or constitutes an economic or social liability, and is a menace to the public health, safety, morals, or welfare. For purposes of this paragraph (l), the fact that an owner of an interest in such property does not object to the inclusion of such property in the urban renewal area does not mean that the owner has waived any rights of such owner in connection with laws governing condemnation. To use the powers of eminent domain, the definition of “blighted” is broadened to require that five of the eleven blight factors must be present (C.R.S. § 31-25- 105.5(5)(a)): (a) “Blighted area” shall have the same meaning as set forth in section 31-25- 103 (2); except that, for the purposes of this section only, “blighted area” means an area that, in its present condition and use and, by reason of the presence of at least five of the factors specified in section 31-25-103 (2)(a) to (2)(l), substantially impairs or arrests the sound growth of the municipality, retards the provision of housing accommodations, or constitutes an economic or social liability, and is a menace to the public health, safety, morals, or welfare. The methodology used to prepare the Conditions Survey for the Plan Area involved the following steps: (i) identify parcels to be included in the Plan Area; (ii) gather information about the properties and infrastructure within the Plan Area boundaries; (iii) evaluate evidence of blight through field reconnaissance; and (iv) record observed and documented conditions listed as blight factors in State Statute. Based on the parameters established by the State regarding the determination of blight, this has been found to meet these conditions. The entire Conditions Survey is provided under separate cover. Lutheran Legacy Campus Urban Renewal Plan 10 Plan Goals and Conformance Plan Goals and Objectives The overall objective of this Plan is to remediate unfavorable existing conditions and prevent further deterioration by implementation of the relevant provisions contained in the following documents: • Envision Wheat Ridge (City of Wheat Ridge Comprehensive Plan), 2009 • Lutheran Legacy Campus Master Plan, 2021 The Plan is intended to stimulate private sector development in the Plan Area with a combination of private investment and Authority financing. The Plan has the following objectives: • Implement the Lutheran Legacy Campus Master Plan and Envision Wheat Ridge • Prevent and eliminate conditions of blight within the City of Wheat Ridge • Encourage and provide incentives for private development • Encourage the development of projects that would not otherwise be considered financially feasible without the participation of Renewal Wheat Ridge • Enhance the current property tax revenue within the city and county with development that will increase the assessed valuation Plan Conformance Urban Renewal Law This Plan is in conformity with and subject to the applicable statutory requirements of the Urban Renewal Law of the State of Colorado. Envision Wheat Ridge The City of Wheat Ridge last updated and adopted its Comprehensive Plan, known as Envision Wheat Ridge, in 2009, which established the vision and direction for the future of Wheat Ridge. Envision Wheat Ridge did not anticipate the relocation of the hospital; therefore, its Structure Plan designates the Urban Renewal Area as a public/institutional land use for primary employment and noted the site’s role as a community and neighborhood anchor. The specific vision for this site has evolved, given the hospital’s decision to leave this site (which caused the City to Economic & Planning Systems, Inc. 11 reconsider the long-term vision for the site and commission the Lutheran Legacy Master Plan). In addition to the specific vision found in that plan, the Comprehensive Plan speaks to the benefit of redevelopment, as noted in the following sections below. The redevelopment in this Plan supports five key values from Envision Wheat Ridge and corresponding goals and policies. The following excerpts from Envision Wheat Ridge highlight the linkage between Envision Wheat Ridge and this Plan under these five key values. These are representative excerpts, and not an all- inclusive list of relevant statements: Key Value - Economy and Land Use The motivation behind this key value is to create a resilient local economy based on a balanced mix of land uses. The value highlights the importance of prioritizing opportunities for local employment, commercial goods and services, and mixed-use activity centers to serve and balance the community’s residential foundations and ensuring long-term fiscal stability. • Goal ELU 4 – Increase the diversity of land uses, ensuring that limited future development and redevelopment areas provide increased opportunities for employment, retail, and commercial services, along new housing options, to achieve a sustainable and balanced mix of land uses for the community. o Policy ELU 4.1 – Efficiently use limited land for development and redevelopment by promoting higher-intensity development. • Goal ELU 5 – Revitalize key redevelopment areas, targeting areas with immediate redevelopment needs with efforts that support and promote investment and quality design, projecting a positive image for the community and enhancing the surrounding context. o Policy ELU 5.2 – Require high quality urban design for all future infill and redevelopment to ensure compatibility with surrounding neighborhoods, and to improve overall appearance of the community’s primary corridors and activity centers. Key Value – Neighborhoods and Housing By promoting vibrant neighborhoods and an array of housing options, this key value recognizes the importance of catering to new household types and residents who are looking for alternatives to the community’s large supply of single-family housing. It further elaborates on how new housing types will help satisfy current market demands, attract new households, provide housing options for Lutheran Legacy Campus Urban Renewal Plan 12 residents to remain in the community as they age, and meet housing needs for new employers. • Goal NH 2 – Increase the diversity of the community’s housing supply to attract new household types and meet the changing needs of the community’s residents. o Policy NH 2.1 – Direct development of new housing types such as townhomes, condos/lofts, and senior living units to meet market demand. Key Value – Community Character and Design This value aims to enhance community character and accentuate quality design in new development and redevelopment, so as to accentuate the community’s character and attractiveness, and add a sense of place and appeal to the community’s unique places. • Goal CC 2 – The City of Wheat Ridge will lead by example by committing to quality, energy efficient buildings and facilities. o Policy CC 2.1 – When updating existing facilities or constructing new public facilities, the City of What Ridge will meet or exceed established design and character requirements to set the tone for future private development efforts. • Goal CC 3 – Ensure quality design for development and redevelopment. o Policy CC 3.1 – Require new development and redevelopment to exemplify high quality urban design to enhance the city’s character. Key Value – Community Services This key value highlights the importance of providing quality community amenities, services, and resources that sustain and enhance the community’s livability. • Goal CS 2 – Continue to invest in parks, recreation, and open space. o Policy CS 2.1 - Continue to maintain and enhance parks, recreation, and open space offerings and facilities, while periodically identifying future parkland needs. • Goal CS 6 – Continue to support diverse arts and cultural amenities. o Policy CS 6.1 – Continue to provide existing arts and cultural offerings such as community concerts, public art, the historic park, Economic & Planning Systems, Inc. 13 and the Carnation Festival and seek opportunities to partner and expand arts and cultural programs. Key Value – Sustainable Future This key value aims to ensure a sustainable future, balancing the needs and quality of life of the community, with stewardship and respect for the natural environment and resources, and economic opportunities and benefits. • Goal SF 1 – Establish and maintain a resilient and sustainable tax base that will be able to support community services. o Policy SF 1.2 – Create a diverse and broader revenue base by facilitating the development of local and regional retail and employment and encouraging local shopping and dining. • Goal SF 2 – Protect and preserve natural assets including its scenic and environmental asses, the urban tree canopy, and drainage ways. o Policy SF 2.1 – Provide stewardship of unique and sensitive natural resources and areas. • Goal SF 4 – Maintain a healthy and active community and encourage opportunities for lifelong activity and engagement. o Policy SF 4.1 – Promote physical activity and increase recreational opportunities, partly by developing pedestrian and bicycle connections between neighborhoods and existing and proposed community activity center and employment opportunities. Lutheran Legacy Campus Urban Renewal Plan 14 Lutheran Legacy Campus Master Plan The Lutheran Legacy Master Plan is considered an amendment to the City’s Comprehensive Plan and this Plan directly supports the overall themes in both Envision Wheat Ridge and the Lutheran Legacy Master Plan. The following recommendations from the Lutheran Legacy Master Plan are supported by this Plan. Detailed Recommendations and Considerations The Master Plan, informed by the community’s vision, divides the campus into four zones, and lays out specific recommendations for the potential mix of uses, urban design and building form, and for multimodal connectivity. Figure 2. Lutheran Legacy Campus Master Plan Zones Economic & Planning Systems, Inc. 15 Zone 1: West of Lutheran Parkway West Given the proximity to the existing residential neighborhood west of Dudley Street, Zone 1 will have fewer intensive uses and primarily consist of lower density residential units that are compatible with the surrounding single-family homes. The existing medical offices on the corner of 38th and Dudley will be preserved, and open space will be integrated into the site providing connectivity to other zones that provide more uses. With Lower Density Residential being the primary development type of the zone, single family homes, duplexes, triplexes, and other attached products will be constructed and building form should be compatible with the surrounding regardless of housing type. Walkability and connectivity to other zones and existing neighborhoods should be prioritized. With more intensive uses located in other zones, the site will offer safe bike and pedestrian routes so residents will not have to use vehicles to access amenities. This zone will act as a buffer between existing neighborhoods and dense development in the center of the site. Zone 2: Between Lutheran Parkway West and North Lutheran Parkway, generally north of the Rocky Mountain Ditch. This zone can provide a mix of uses including community destinations, employment opportunities, and a diversity of housing. A distinguishing element of this zone would be the retail along 38th Avenue and the northern most section of North Lutheran Parkway. With denser, multifamily housing, office, civic uses, and retail concentrated in this space, a dynamic and vibrant public realm will be key to allow for an engaging experience. Buildings should be designed to maximize public access and circulation for pedestrians. Retail with an engaging ground floor and streetscaping will be key to encouraging street traffic. Some strategic retail will be a key component for delivering additional community needs and amenities, particularly creating a walkable, main street environment. Access to the Rocky Mountain Ditch will be another key amenity to this zone. The concentration of civic uses also provides the opportunity to integrate facilities such as amphitheaters, libraries, and plazas for residents and visitors to enjoy. The Chapel and Blue House should be targeted for preservation, rehabilitation, or restoration, assuming that other adjacent development can offset the reduced return on the investment. Zone 3: Between Lutheran Parkway West and North Lutheran Parkway, generally south of the Rocky Mountain Ditch This zone accommodates the greatest diversity of development types including community destinations, employment opportunities, and a diversity of housing. With denser, multifamily housing, office, and civic uses concentrated in this space, a dynamic and vibrant public realm will be key to allow for an engaging experience for residents, workers, and visitors. The plan calls for buildings that will maximize public access and circulation for pedestrians and provide amenities that encourage people to linger and engage with the space. Given the density of the zone, non-vehicular modes of Lutheran Legacy Campus Urban Renewal Plan 16 transportation should be prioritized to minimize congestion on site. With transit stops remaining on the edge of the Campus, safe and accessible bike and pedestrian routes leading to this zone will be critical. The Rocky Mountain Ditch will be a key amenity to this zone. A potential concentration of civic uses provides opportunities to integrate facilities such as amphitheaters, libraries, and plazas for residents and visitors to enjoy. Zone 4: Eastern and southern edges of campus, generally east of Lutheran Parkway North Given the proximity to the existing residential neighborhood along Allison Street, Zone 4 will have fewer intensive uses and primarily consist of the Lower Density Residential development type, with dwelling units that are compatible with the surrounding single-family homes. The existing hospice center at the south end of zone will be preserved, and open space will be integrated into the site providing connectivity to other zones that provide more uses. There could also be retail along Lutheran Parkway and 38th Avenue, and some office use at the current West Pines location. With lower density residential being the primary use of the zone, single family homes, duplexes, and triplexes, and other attached products will be constructed. Walkability and connectivity to other zones and existing neighborhoods should be prioritized. With more intensive uses located in other zones, the site will offer safe bike and pedestrian routes so residents will not have to use vehicles to access amenities. This zone will act as a buffer between existing neighborhoods and denser development in the center of the site. Retail will be a key component for delivering additional community needs and amenities, particularly creating a walkable, main street environment. Process moving forward – Evaluate creation of Urban Renewal Area The Master Plan, in consideration of challenges around funding redevelopment and/or adaptive reuse of existing structures, updating and/or expanding utility and infrastructure systems, and enhancing the public realm, recommends the creation of an Urban Renewal Area. • The City should evaluate the creation of an Urban Renewal Plan Area (URPA), beginning with a Conditions Survey. The Wheat Ridge Urban Renewal Authority, otherwise known as Renewal Wheat Ridge (RWR) is committed to improving the visual aesthetics and environmental aspects of the community, both concerns that have been noted in the engagement process given the infrastructural implications of redevelopment and the declining quality of the existing open space. Economic & Planning Systems, Inc. 17 Potential Funding Strategies and Financing Tools – Tax Increment Financing through Urban Renewal The Master Plan recognizes that Tax Increment Financing (TIF) as a major tool that can be used to fund projects, and that creating it through an Urban Renewal Area for the campus authorizes the use of TIF for the removal of blight conditions. • The URA can use TIF to pay for eligible redevelopment and public improvement costs associated with the project. TIF redirects the incremental property taxes from all taxing entities from a new development within a defined URA to pay for eligible expenses including extraordinary costs for remediation. Development Standards and Procedures All development within the Plan Area shall conform to the City’s Land Use Code and any site-specific City zoning regulations and policies that might impact properties in the Plan Area, all as in effect and as may be amended. However, as authorized by the Urban Renewal Law, the Authority may arrange with the City for the planning, replanning, zoning or rezoning of any part of the Plan Area as needed in connection with the urban renewal project described in this Plan. Lutheran Legacy Campus Urban Renewal Plan 18 Authorized Urban Renewal Undertakings and Activities The Act allows for a wide range of activities to be used in the implementation of an urban renewal plan. The Authority is authorized to provide both financial assistance and improvements in partnership with property owners and other affected parties in order to accomplish the objectives stated herein. Public private partnerships and other forms of cooperative development, including Cooperation Agreements, will be essential to the Authority’s strategy for preventing the spread of blight and eliminating existing blighting conditions. Without limitation, undertakings and activities of the Authority in the furtherance of this Plan as described as follows. Undertakings and Activities to Remedy Blight As described in Section 4 of this Plan, six qualifying conditions of blight were identified in the Study Area of which this Urban Renewal Areas is a part. Implementation of this Plan by providing urban renewal resources for public and private improvements will remedy the conditions identified: b. Predominance of defective or inadequate street layout The Plan Area is large, at over 100 acres, and the private investment of improved road conditions and incorporating bicycle and pedestrian pathways throughout the site will create an improved pedestrian environment. c. Faulty lot layout in relation to size, adequacy, accessibility, or usefulness The development and improvement of the Plan Area as a whole will provide internal vehicular access and connectivity. d. Unsanitary or unsafe conditions Private investments, onsite development, occupation, and operations will eliminate vandalism/graffiti, presence of vagrants, and excessive litter. Further, improved bicycle and pedestrian pathways will correct and prevent cracked or uneven surfaces for pedestrians. e. Deterioration of site or other improvements The development of the Plan Area will turn an underutilized and neglected property into a thriving mixed-use development with the necessary site improvement. Economic & Planning Systems, Inc. 19 f. Unusual topography or inadequate public improvements or utilities The unusual topography observed along the Rocky Mountain Ditch will likely be preserved and improved by providing a walking trail or other active and passive open space use to enhance natural features of the Plan Area. Overall development of the site will also allow periodic maintenance of deteriorated public improvements or utilities. k.5. The existence of health, safety, or welfare factors requiring high levels of municipal services or substantial physical underutilization or vacancy of sites, building, or other improvements The Plan Area is currently underdeveloped and following the relocation of the hospital and associated offices, most of the Plan Area will become vacant. Through private investment and support from the Authority, the Plan Area will develop into a vibrant property and be fully utilized. Project Development Plan The primary goal of this Plan is to eliminate the current conditions of blight in the Urban Renewal Area and prevent those conditions from reoccurring. The contemplated redevelopment of the Area is for use as a mixed-use development; provided however, the Authority is authorized to approve any uses for the Area that eliminate blight and are consistent with the Comprehensive Plan, Master Plan, and applicable zoning, including, without limitation, mixed use development, including residential, hotel, commercial, retail, office, industrial, cultural, and public uses. Complete Public Improvements and Facilities The Authority may undertake certain actions to make the Area more attractive for private investment. The Authority may, or may cause others, including, without limitation, one or more Districts to install, construct, and reconstruct any public improvements, including, without limitation, parking facilities. The Authority may, or may cause others to, demolish and clear buildings and existing improvements for the purpose of promoting the objectives of the Plan and the Act. Additionally, the Authority may, or may cause others to, install, construct and reconstruct any other authorized improvements, including, without limitation, other authorized undertakings or improvements for the purpose of promoting the objectives of this Plan and the Act. Lutheran Legacy Campus Urban Renewal Plan 20 Plan Modification The Authority may propose, and City Council may make, modifications to this Plan as may be necessary; provided, however, any modification of the Plan shall (a) comply with the provisions of the Act, including C.R.S. §31-25-107(7); (b) not impair Available Revenues then-pledged by the Authority or the ability of the Authority to pay any outstanding Bonds, including any reimbursement obligations of the Authority; or (c) not impair the ability of the Authority or any party to any then-existing agreement to fully perform their respective covenants and duties under any such agreement. The Authority may, in specific cases, allow non- substantive variations from the provisions of this Plan if it determines that a literal enforcement or application of the provision would constitute an unreasonable limitation beyond the intent and purpose stated herein. Provide Relocation Assistance While it is not anticipated as of the date of this Plan that acquisition of real property will result in the relocation of any individuals, families, or business concerns; if such relocation becomes necessary, the Authority will adopt a relocation plan as necessary to comply with applicable provisions of the Act. Demolition, Clear and Prepare Improvements The Authority is authorized to demolish or cooperate with others to clear buildings, structures, and other improvements within the Area in an effort to advance projects deemed consistent with the vision stated herein. Such demolition or site clearance is necessary to eliminate unhealthy, unsanitary, and unsafe conditions; eliminate obsolete uses deemed detrimental to the public welfare; remove and prevent the spread of blight; and facilitate redevelopment of the Area by private enterprise. Acquire and Dispose of Property It is not expected that the Authority will be required to acquire property to carry out the project. However, if the Authority determines such acquisition is necessary, it is authorized to acquire any such property by negotiation or any other method, including that the Authority is authorized to acquire property by eminent domain. Properties acquired by the Authority by negotiation may be temporarily operated, managed and maintained by the Authority if requested to do so by the acquiring entity and deemed in the best interest of the Urban Renewal Project and the Plan. Such property shall be under the management and control of the Authority and may be rented or leased pending its disposition for redevelopment. The Authority may sell, lease, or otherwise transfer real property or any interest in real property subject to covenants, conditions and restrictions, including architectural and design controls, time restrictions on development, and building requirements in accordance with the Act and this Plan. Economic & Planning Systems, Inc. 21 Enter into Redevelopment/Development Agreements The Authority may enter into Redevelopment/Development Agreements or other contracts with developer(s) or property owners or other such individuals or entities determined to be necessary to carry out the purposes of this Plan, including the pledge by the Authority of Available Revenues to pay eligible costs pursuant to the Act or any other applicable law. Further, such Redevelopment/Development Agreements, or other contracts, may contain terms, provisions, activities, and undertakings contemplated by this Plan and the Act. Any existing agreements between the City and private parties that are consistent with this Plan are intended to remain in full force and effect unless all parties to such agreements agree otherwise. Enter into Cooperation Agreements The Authority is authorized to enter into such Cooperation Agreements as may be required by the Act, including tax sharing agreements. The Authority may also use the mediation and other provisions of the Act when necessary to provide adequate financing to carry out this Plan. This paragraph shall not be construed to require any particular form of cooperation. Other Project Undertakings and Activities Other project undertakings and activities deemed necessary by the Authority to carry out the Plan may be undertaken and performed by the Authority or pursuant to agreements with other parties or public bodies in accordance with the authorization of the Act and any applicable law or laws. Lutheran Legacy Campus Urban Renewal Plan 22 Project Financing Financing Powers Except as hereafter specifically provided, the undertakings and activities of the urban renewal project described in this Plan may be financed, in whole or in part, by the Authority to the full extent authorized under the TIF provisions of C.R.S. § 31-25-107(9)(a) in the Urban Renewal Law, as amended, and with any other available sources of revenues and means of financing authorized to be undertaken by the Authority pursuant to the Urban Renewal Law and under any other applicable law, which shall include, without limitation: • The collection and use of revenues from property tax increment, sales tax increment, interest income, federal loans or grants, agreements with public, quasi-public, or private parties and entities, loans or advances from any other available source, and any other available sources of revenue. • The issuance of bonds and other indebtedness, including, without limitation, notes or any other financing instruments or documents in amounts sufficient to finance all or part of the Plan. The borrowing of funds and creation of other indebtedness. • The use of any and all financing methods legally available to the City, the Authority, any private developer, redeveloper, or owner to finance in whole or in part any and all costs, including without limitation the cost of public improvements, described or anticipated in the Plan or in any manner related or incidental to the development of the Plan Area. Such methods may be combined to finance all or part of activities and undertakings throughout the Plan Area. • The principal, interest, any premiums and any other amounts legally due on or in connection with any indebtedness or obligation of the Authority may be paid from property tax increments, sales tax increments or any other funds, revenues, assets or property legally available to the Authority. This Plan contemplates, however, that the primary method of assisting with financing eligible expenses in the Plan Area will be through the use of revenues generated by Property Tax Increment and Sales Tax Increment. It is the intent of the City Council in approving this Plan to authorize the use of TIF by the Authority as part of its efforts to advance the vision, objectives, and activities described herein. Economic & Planning Systems, Inc. 23 Tax Increment Financing District Pursuant to the provisions of C.R.S. § 31-25-107(9) of the Urban Renewal Law, in approving this Plan, the City Council hereby approves the Plan Area as a single tax increment financing district with the same boundary as the Plan Area (the “TIF District”). The boundaries of this TIF District shall therefore be as depicted in Figure 1 and described on Exhibit A. Property Tax Increment Financing The Authority is specifically authorized to collect and expend property tax increment revenue to the full extent authorized by the Urban Renewal Law and to use that revenue for all purposes authorized under this Plan. Property Tax Increment Limitations The Authority shall establish a fund for the financing authorized under this Plan that shall be funded with the property tax allocation authorized to the Authority under the Urban Renewal Law in C.R.S. § 31-25-107(9). Under this method, the property taxes of specifically designated public bodies, if any, levied after the effective date of the approval of this Plan upon taxable property in the Plan Area each year by or for the benefit of the designated public body must be divided for a period not to exceed twenty-five (25) years after the effective date of the adoption of the tax allocation provision, as follows: Base Amount – That portion of the taxes that are produced by the levy at the rate fixed each year by or for such public body upon the valuation for assessment of taxable property in the Plan Area last certified prior to the effective date of approval of the Plan or, as to an area later added to the Plan Area, the effective date of the modification of the Plan, shall be paid into the funds of each such public body as are all other taxes collected by or for said public body. Increment Amount – That portion of said property taxes in excess of such base amount must be allocated to and, when collected, paid into a special fund of the Authority to pay the principal of, the interest on, and any premiums due in connection with the bonds of, loans or advances to, or indebtedness incurred by, whether funded, refunded, assumed, or otherwise, the Authority for financing or refinancing, in whole or in part, a specific project. Any excess property tax collections not allocated in this way must be paid into the funds of the municipality or other taxing entity, as applicable. Unless and until the total valuation for assessment of the taxable property in the Plan Area exceeds the base valuation for assessment of the taxable property in the Plan Area, all of the taxes levied upon the taxable property in the Plan Area must be paid into the funds of the respective public bodies. Lutheran Legacy Campus Urban Renewal Plan 24 When such bonds, loans, advances, and indebtedness, if any, including interest thereon and any premiums due in connection therewith, have been paid, all taxes upon the taxable property in the Plan Area must be paid into the funds of the respective public bodies, and all moneys remaining in the special fund that have not previously been rebated and that originated as property tax increment generated based on the mill levy of a taxing body, other than the City, within the boundaries of the Plan Area must be repaid to each taxing body based on the pro rata share of the prior year’s property tax increment attributable to each taxing body’s current mill levy in which property taxes were divided. Any moneys remaining in the special fund not generated by property tax increment are excluded from any such repayment requirement. Notwithstanding any other provision of law, revenues excluded by C.R.S. § 31-25-107(9)(a)(II) of the Act are not intended to be included in Available Property Tax Increment Revenues. Notwithstanding any other provision of law, any additional revenues the City, county, special district, or school district receives either because the voters have authorized the City, county, special district, or school district to retain and spend said moneys pursuant to section 20(7)(d) of Article X of the Colorado Constitution subsequent to the creation of this special fund or as a result of an increase in the property tax mill levy approved by the voters of the City, county, special district, or school district subsequent to the creation of the special fund, to the extent the total mill levy of the City, county, special district, or school district exceeds the respective mill levy in effect at the time of approval or substantial modification of the Plan, are not included in the amount of the increment that is allocated to and, when collected, paid into the special fund of the authority. In calculating and making these payments, the County Treasurer may offset the Authority’s pro rata portion of any property taxes that are paid to the Authority under these terms and that are subsequently refunded to the taxpayer against any subsequent payments due to the Authority for an urban renewal project. The Authority shall make adequate provision for the return of overpayments in the event that there are not sufficient property taxes due to the Authority to offset the Authority’s pro rata portion of the refunds. The Authority may establish a reserve fund for this purpose or enter into an intergovernmental agreement with the municipal governing body in which the municipality assumes responsibility for the return of the overpayments. The portion of taxes collected may be irrevocably pledged by the Authority for the payment of the principal of, the interest on, and any premiums due in connection with such bonds, loans, advances, and indebtedness. This irrevocable pledge shall not extend to any taxes that are placed in a reserve fund to be returned to the county for refunds of overpayments by taxpayers or any reserve funds reserved by the Authority for such purposes in accordance with C.R.S. § 31-25- 107(9)(a)(III) and (b). The Authority shall set aside and reserve a reasonable amount as determined by the Authority of all incremental taxes paid to the Authority for payment of expenses associated with administering the Plan. Economic & Planning Systems, Inc. 25 At the time of general reassessment of taxable property valuations in Jefferson County, including all or part of the Plan Area subject to division of valuation for assessment between base and increment, as provided above, the portions of valuations for assessment to be allocated as provided above shall be proportionately adjusted in accordance with such reassessment or change. Note that at the time of this Plan adoption, such a general reassessment occurs every two years, in the odd-numbered years. Sales Tax Increment Financing The urban renewal project under the Plan may also be financed by the Authority under the sales tax allocation financing provisions of the Urban Renewal Law in C.R.S. § 31-25-107(9). The Urban Renewal Law allows that upon the adoption or amendment of an Urban Renewal Plan, sales taxes flowing to the city and/or county may be “frozen” at their current level. The current level is established based on the previous 12 months prior to the adoption of this Plan. Thereafter, the jurisdiction can continue to receive this fixed sales tax revenue. The Authority thereafter may receive all, or an agreed upon portion of the additional sales taxes (the increment) that are generated above the base. The Authority may use these incremental revenues to finance the issuance of bonds, reimburse developers for public improvement costs, reimburse the city for public improvement costs, and pay off financial obligations and other debts incurred in the administration of the Plan. This increment is not an additional sales tax, but rather is a portion of the established tax collected by the jurisdiction, and the sales tax increment resulting from redevelopment efforts and activities contemplated in this Plan. Sales Tax Increment Limitations A fund for financing projects may be accrued and used by the Authority under the tax allocation financing provisions of the Urban Renewal Law. Under this method, municipal sales taxes collected within the Plan Area, by or for the benefit of the designated public body must be divided for a period not to exceed twenty-five (25) years after the effective date of the adoption of the tax allocation provision, as follows: Base Amount – That portion of sales taxes, not including any sales taxes for remote sales as specified in C.R.S. § 39-26-104 (2), collected within the boundaries of the Plan Area in the twelve-month period ending on the last day of the month prior to the effective date of approval of the Plan, shall be paid into the funds of each such public body as are all other taxes collected by or for said public body. Increment Amount – All or any portion of said sales taxes in excess of such base amount, must be allocated to and, when collected, paid into a special fund of the Authority to pay the principal of, the interest on, and any premiums due in connection with the bonds of, loans or advances to, or indebtedness incurred by, Lutheran Legacy Campus Urban Renewal Plan 26 whether funded, refunded, assumed, or otherwise, the Authority for financing or refinancing, in whole or in part, a specific project. Any excess sales tax collections not allocated in this way must be paid into the funds of the jurisdiction, as applicable. Unless and until the total sales tax collections in the Plan Area exceed the base year sales tax collections in the Plan Area, all such sales tax collections must be paid into the funds of the respective taxing entity. The portion of taxes collected may be irrevocably pledged by the Authority for the payment of the principal of, the interest on, and any premiums due in connection with such bonds, loans, advances, and indebtedness. This irrevocable pledge shall not extend to any taxes that are placed in a reserve fund to be returned to the county for refunds of overpayments by taxpayers or any reserve funds reserved by the Authority for such purposes in accordance with C.R.S. § 31-25- 107(9)(a)(III) and (b). The Authority shall set aside and reserve a reasonable amount as determined by the Authority of all incremental taxes paid to the Authority for payment of expenses associated with administering the Plan. Tax Increment Reimbursements Tax increment revenues may be used to reimburse the city and/or a developer for costs incurred for improvements related to a project to pay the debt incurred by the Authority with such entities for urban renewal activities and purposes. Tax increment revenues may also be used to pay bonded indebtedness, financial obligations, and debts of the Authority related to urban renewal activities under this Plan. Within the 12-month period prior to the effective date of the approval or modification of the Plan requiring the allocation of moneys to the Authority as outlined previously, the city, county, special district, or school district is entitled to the reimbursement of any moneys that such city, county, special district, or school district pays to, contributes to, or invests in the Authority for a project. The reimbursement is to be paid from the special fund of the Authority. Economic & Planning Systems, Inc. 27 Severability and Reasonable Variations The Authority shall have the ability to approve reasonable variations (as determined by the Board) from the strict application of these Plan provisions, so long as such variations reasonably accommodate the intent and purpose of this Plan and the Urban Renewal Law. Plan provisions may be altered by market conditions, redevelopment opportunities and/or the needs of the community affected by the Plan. If any portion of this Plan is held to be invalid or unenforceable, such invalidity will not affect the remaining portions of the Plan. Lutheran Legacy Campus Urban Renewal Plan 28 Effective Date of the Plan This Plan shall be effective upon its final approval by the City Council. Except as otherwise permitted under the Urban Renewal Law, the term of the TIF period is twenty-five (25) years from the effective date of the Plan, unless the Authority deems, to the extent consistent with the terms in the applicable, agreements, including, without, limitation, Redevelopment/ Development Agreements and Cooperation Agreements, that all activities to accomplish the Project have been completed and all debts incurred to finance such activities and all expenses of the Authority have been repaid. In that event, the Authority may declare the Plan fully implemented. Matrix Design Group, Inc. 2435 Research Parkway, Suite 300 Colorado Springs, CO 80920 O 719.575.0100 F 719.575.0208 matrixdesigngroup.com Anniston, AL | Atlanta, GA | Colorado Springs, CO | Denver, CO | Niceville, FL | Parsons, KS | Phoenix, AZ Sacramento, CA | Tamuning, GUAM | Texarkana, TX | Washington, DC LEGAL DESCRIPTION TWO PARCELS OF LAND LOCATED IN THE NORTHEAST QUARTER OF SECTION 27 AND THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF WHEATRIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO; MORE PARTICULARLY DESCRIBED AS FOLLOWS WITH BEARINGS REFERENCED TO THE NORTHERLY RIGHT-OF-WAY LINE OF WEST 38TH AVENUE, SECTIONS 26 AND 27, TOWNSHIP 3 SOUTH, RANGE 69 WEST, IS ASSUMED TO BEAR NORTH 89°40'03" EAST; PARCEL A BEGINNING AT A POINT ON THE NORTHERLY RIGHT-OF WAY LINE OF WEST 38TH AVENUE; THENCE NORTH 89°40'03" EAST, COINCIDENT WITH SAID NORTHERLY RIGHT-OF-WAY LINE, A DISTANCE OF 1,832.06 FEET; THENCE SOUTH 12°53'32" EAST, A DISTANCE OF 61.26 FEET TO THE EXTERIOR OF THAT QUIT CLAIM DEED RECORDED APRIL 84, 2022 IN SAID RECORDS UNDER RECEPTION NUMBER 2022031541; THENCE COINCIDENT WITH SAID QUIT CLAIM DEED THE FOLLOWING (2) TWO COURSES; 1. SOUTH 00°31'59" EAST, A DISTANCE OF 1,266.87 FEET; 2. SOUTH 89°55'13" EAST, A DISTANCE OF 333.84 FEET; THENCE COINCIDENT WITH THE EXTERIOR OF THE ROCKY MOUNTAIN WATER COMPANY DITCH, RECORDED APRIL 29, 2009 IN SAID RECORDS UNDER RECEPTION NUMBER 2009037470, THE FOLLOWING (15) FIFTEEN COURSES; 1. SOUTH 71°16'42" EAST, A DISTANCE OF 75.62 FEET; 2. SOUTH 67°16'19" EAST, A DISTANCE OF 522.18 FEET; 3. SOUTH 62°00'10" EAST, A DISTANCE OF 221.74 FEET; 4. SOUTH 52°15'27" EAST, A DISTANCE OF 171.75 FEET; 5. SOUTH 55°23'17" EAST, A DISTANCE OF 250.12 FEET; 6. SOUTH 55°25'27" EAST, A DISTANCE OF 146.95 FEET; 7. SOUTH 57°54'53" EAST, A DISTANCE OF 58.88 FEET; 8. SOUTH 60°29'59" EAST, A DISTANCE OF 64.43 FEET; 9. SOUTH 00°12'48" EAST, A DISTANCE OF 71.91 FEET; 10. NORTH 50°48'20" WEST, A DISTANCE OF 22.73 FEET; 11. NORTH 47°50'12" WEST, A DISTANCE OF 20.03 FEET; 12. NORTH 54°45'43" WEST, A DISTANCE OF 490.20 FEET; 13. SOUTH 00°17'10" EAST, A DISTANCE OF 26.25 FEET; 14. NORTH 49°02'09" WEST, A DISTANCE OF 274.69 FEET; 15. NORTH 66°19'10" WEST, A DISTANCE OF 590.21 FEET; 16. NORTH 74°15'03" WEST, A DISTANCE OF 145.70 FEET TO THE EXTERIOR OF SAID QUIT CLAIM DEED; THENCE COINCIDENT WITH SAID QUIT CLAIM DEED THE FOLLOWING (9) NINE COURSES; 1. SOUTH 00°00'51" WEST, A DISTANCE OF 865.66 FEET; 2. NORTH 89°51'09" WEST, A DISTANCE OF 777.71 FEET; 3. NORTH 00°24'02" WEST, A DISTANCE OF 5.20 FEET; 4. THENCE NORTH 89°13'17" WEST, A DISTANCE OF 130.90 FEET; LEGAL DESCRIPTION CONT… R:\23.636.005 URA LEGAL - LUTHERAN LEGACY\400 SURVEY\400 CADD\405 LEGAL DESCRIPTIONS\LEGAL DESCRIPTION.DOCX Page 2 5. THENCE SOUTH 00°01'31" EAST, A DISTANCE OF 418.08 FEET; 6. SOUTH 89°54'35" WEST, A DISTANCE OF 621.03 FEET; 7. NORTH 00°27'45" WEST, A DISTANCE OF 414.22 FEET; 8. SOUTH 88°57'17" WEST, A DISTANCE OF 194.78 FEET; 9. NORTH 00°04'23" WEST, A DISTANCE OF 3.42 FEET; THENCE SOUTH 89°38'38" WEST, A DISTANCE OF 408.03 FEET TO THE WESTERLY RIGHT-OF-WAY LINE OF DUDLEY STREET; THENCE SOUTH 00°26'01" EAST, COINCIDENT WITH SAID WESTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 475.09 FEET TO THE SOUTHERLY RIGHT-OF-WAY LINE OF WEST 32ND AVENUE; THENCE SOUTH 89°58'13" WEST, COINCINDENT WITH SAID SOUTHERLY RIGHT-OF-WAY LINE OF WEST 32ND AVENUE, A DISTANCE OF 53.59 FEET; THENCE NORTH 00°01'47" WEST, A DISTANCE OF 69.68 FEET TO THE WESTERLY RIGHT-OF-WAY LINE OF DUDLEY STREET; THENCE NORTH 00°03'19" WEST, A DISTANCE OF 2,640.56 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREROM THE FOLLOWING DESCRIBED PARCEL BEGINNING AT THE SOUTHEAST INTERSECTION OF SAID WEST 38TH AVENUE AND SAID DUDLEY STREET; THENCE NORTH 88°57'45" EAST COINCIDENT WITH THE SOUTH RIGHT-OF-WAY LINE OF SAID WEST 38TH AVENUE, A DISTANCE OF 142.49 FEET; THENCE SOUTH 00°37'42" WEST, A DISTANCE OF 440.39 FEET; THENCE SOUTH 84°59'52" EAST, A DISTANCE OF 57.34 FEET; THENCE SOUTH 00°06'07" WEST, A DISTANCE OF 114.87 FEET; THENCE SOUTH 89°48’02” WEST, A DISTANCE OF 195.04 FEET TO THE EAST RIGHT-OF-WAY LINE OF SAID DUDLEY STREET; THENCE NORTH 00°03’00” EAST COINCIDENT WITH SAID EAST RIGHT-OF-WAY LINE, A DISTANCE OF 558.33 FEET TO THE POINT OF BEGINNING OF THE EXCEPTED PARCEL . THE NET CALCULATED AREA OF PARCEL A CONTAINS 4,717,804 SQUARE FEET OR (108.305 ACRES), MORE OR LESS, AND IS DEPICTED ON THE ATTACHED GRAPHICAL EXHIBIT FOR REFERENCE. PARCEL B BEGINNING AT THE SOUTHEAST INTERSECTION OF SAID DUDLEY STREET AND WEST 32ND AVENUE; THENCE NORTH 00°26'00" WEST, A DISTANCE OF 55.00 FEET TO THE NORTHEAST INTERSECTION OF SAID DUDLEY STREET AND SAID WEST 32ND AVENUE; THENCE COINCIDENT WITH THE EXTERIOR RIGHT-OF-WAY LINES OF SAID WEST 32ND AVENUE THE FOLLOWING (5) FIVE COURSES: 1. NORTH 89°47'00" EAST, A DISTANCE OF 2,091.58 FEET; LEGAL DESCRIPTION CONT… R:\23.636.005 URA LEGAL - LUTHERAN LEGACY\400 SURVEY\400 CADD\405 LEGAL DESCRIPTIONS\LEGAL DESCRIPTION.DOCX Page 3 2.NORTH 00°16'48" EAST, A DISTANCE OF 410.87 FEET; 3.SOUTH 89°51'09" EAST, A DISTANCE OF 38.85 FEET; 4.SOUTH 00°05'27" WEST, A DISTANCE OF 465.61 FEET; 5.SOUTH 89°47'00" WEST, A DISTANCE OF 2,131.29 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIPTION CONTAINS A CALCULATED AREA OF 133,469 SQUARE FEET OR (3.06401 ACRES), MORE OR LESS, AND IS DEPICTED ON THE ATTACHED GRAPHICAL EXHIBIT FOR REFERENCE. JERRY R. BESSIE, PLS 38576 PREPARED FOR AND ON BEHALF OF MATRIX DESIGN GROUP 2435 RESEARCH PARKWAY, SUITE 300 COLORADO SPRINGS, CO. 80920 05/08/2024 N.W. 1/4 S.W. 1/4S.W. 1/4 SECTION 26 T3 S, R69 W N.E. 1/4 SECTION 27 T3 S, R69 W POINT OF BEGINNING PARCEL A WEST 38TH AVENUE DU D L E Y S T R E E T AL L I S O N C O U R T AL L I S O N S T R E E T ZE P H Y R C O U R T POINT OF BEGINNING EXCEPTED PORTION PARCEL A POINT OF BEGINNING PARCEL B L1 L2 L3 L4 L5 L6 L7 L8 L9 L10 L11 L12 L1 3 L14 L15 L 1 6 L17 L 1 8 L19L20 L2 1 L22 L23L24 L26 L2 7 L28 L29 L30 L3 1 L32 L3 3 L3 4 L2 5 L45 L40 L4 1 L42 L4 3 L44 WEST 32ND AVENUE PARCEL A PARCEL B L35 L3 6 L37 L3 8 L39 L4 6 FI L E L O C A T I O N : R: \ 2 3 . 6 3 6 . 0 0 5 U R A L e g a l - L u t h e r a n L e g a c y \ 4 0 0 S u r v e y \ 4 0 0 C A D D \ 4 0 5 L E G A L D E S C R I P T I O N S \ 9 3 6 . 0 0 5 - S U R V - L U T H E R A N - G R . d w g PREPARED BY:CHECKED BY: SCALE: DATE:SHEET: OF 6 EXHIBIT A LAND DESCRIPTION JRB 1"=500' NOVEMBER 29, 2023 NET AREA PARCEL A: 4,717,804 SQUARE FEET (108.305 ACRES), MORE OR LESS PARCEL B: 13,469 SQUARE FEET (3.06401 ACRES), MORE OR LESS 4 PARCEL TABLE PARCEL DESCRIPTION REC. NO. A SPECIAL WARRANTY DEED 23910528 B LOT 1, FOOTHILLS MEDICAL CENTER FINAL PLAT 87042655 C QUIT CLAIM DEED 2022031541 D WARRANTY DEED 81042853 E QUIT CLAIM DEED 2022031541 F QUIT CLAIM DEED 2022031541 G QUIT CLAIM DEED 2022031541 H QUIT CLAIM DEED 2022031541 I QUIT CLAIM DEED 2022031541 J QUIT CLAIM DEED 2022031541 K QUIT CLAIM DEED 2022031541 L QUIT CLAIM DEED 2022031541 M QUIT CLAIM DEED 2022031541 N QUIT CLAIM DEED 2022031541 O QUIT CLAIM DEED 2022031541 P LUCOCK SUBDIVISION 52520515 Q QUIT CLAIM DEED 2022031541 R QUIT CLAIM DEED 2022031541 S EXEMPLA / LUTHERAN HOSPICE FINAL PLAT 2005024146 T EXEMPLA / LUTHERAN HOSPICE FINAL PLAT 2005024146 U BLOCK 17, LONGVIEW SUBDIVISION 41322356 V LOT 17, LONGVIEW SUBDIVISION 41322356 W LOT 18, LONGVIEW SUBDIVISION 41322356 X LOT 19, LONGVIEW SUBDIVISION 41322356 Y LOT 20, LONGVIEW SUBDIVISION 41322356 Z LOT 21, LONGVIEW SUBDIVISION 41322356 AA LOT 22, LONGVIEW SUBDIVISION 41322356 AB LOT 23, LONGVIEW SUBDIVISION 41322356 AC LOT 24, LONGVIEW SUBDIVISION 41322356 AD 35TH AVENUE ROW, LUTHERAN SUBDIVISION 81068093 AE STREET DEDICATION, LUTHERAN SUBDIVISION 81068093 AF LOT 1, LUTHERAN SUBDIVISION 81068093 AG LOT 2, LUTHERAN SUBDIVISION 81068093 AH LOT 3, LUTHERAN SUBDIVISION 81068093 AI LOT 4, LUTHERAN SUBDIVISION 81068093 AJ LOT 5, LUTHERAN SUBDIVISION 81068093 AK LOT 6, LUTHERAN SUBDIVISION 81068093 AL LOT 7, LUTHERAN SUBDIVISION 81068093 AM LOT 8, LUTHERAN SUBDIVISION 81068093 AN 35TH AVENUE ROW AO ROCKY MOUNTAIN DITCH ROW 2009037470 AP ROCKY MOUNTAIN DITCH ROW 2009037470 AQ ROCKY MOUNTAIN DITCH ROW 2009037470 AR QUIT CLAIM DEED 2022031541 FI L E L O C A T I O N : R: \ 2 3 . 6 3 6 . 0 0 5 U R A L e g a l - L u t h e r a n L e g a c y \ 4 0 0 S u r v e y \ 4 0 0 C A D D \ 4 0 5 L E G A L D E S C R I P T I O N S \ 9 3 6 . 0 0 5 - S U R V - L U T H E R A N - G R . d w g PREPARED BY:CHECKED BY: SCALE: DATE:SHEET: OF 6 EXHIBIT A LAND DESCRIPTION JRB 1"=500' NOVEMBER 29, 2023 NET AREA PARCEL A: 4,717,804 SQUARE FEET (108.305 ACRES), MORE OR LESS PARCEL B: 13,469 SQUARE FEET (3.06401 ACRES), MORE OR LESS 5 LINE TABLE LINE # L1 L2 L3 L4 L5 L6 L7 L8 L9 L10 L11 L12 L13 L14 L15 L16 L17 L18 L19 L20 L21 L22 L23 BEARING N89°40'03"E S12°53'32"E S00°31'59"E S89°55'13"E S71°16'42"E S67°16'19"E S62°00'10"E S52°15'27"E S55°23'17"E S55°25'27"E S57°54'53"E S60°29'59"E S00°12'48"E N50°48'20"W N47°50'12"W N54°45'43"W S00°17'10"E N49°02'09"W N66°19'10"W N74°15'03"W S00°00'51"W N89°51'09"W N00°24'02"W DISTANCE 1832.06 61.26 1266.87 333.84 75.62 522.18 221.74 171.75 250.12 146.95 58.88 64.43 71.91 22.73 20.03 490.20 26.25 274.69 590.21 145.70 865.66 777.71 5.20 LINE TABLE LINE # L24 L25 L26 L27 L28 L29 L30 L31 L32 L33 L34 L35 L36 L37 L38 L39 L40 L41 L42 L43 L44 L45 L46 BEARING N89°13'17"W S00°01'31"E S89°54'35"W N00°27'45"W S88°57'17"W N00°04'23"W S89°38'38"W S00°26'01"E S89°58'13"W N00°01'47"W N00°03'19"W N88°57'45"E S00°37'42"W S84°59'52"E S00°06'07"W S89°48'02"W N89°47'00"E N00°16'48"E S89°51'09"E S00°05'27"W S89°47'00"W N00°26'00"W N00°03'00"E DISTANCE 130.90 418.08 621.03 414.22 194.78 3.42 408.03 475.09 53.59 69.68 2640.56 142.49 440.39 57.34 114.87 195.04 2091.58 410.87 38.85 465.61 2131.29 55.00 558.33 FI L E L O C A T I O N : R: \ 2 3 . 6 3 6 . 0 0 5 U R A L e g a l - L u t h e r a n L e g a c y \ 4 0 0 S u r v e y \ 4 0 0 C A D D \ 4 0 5 L E G A L D E S C R I P T I O N S \ 9 3 6 . 0 0 5 - S U R V - L U T H E R A N - G R . d w g PREPARED BY:CHECKED BY: SCALE: DATE:SHEET: OF 6 EXHIBIT A LAND DESCRIPTION JRB 1"=500' NOVEMBER 29, 2023 NET AREA PARCEL A: 4,717,804 SQUARE FEET (108.305 ACRES), MORE OR LESS PARCEL B: 13,469 SQUARE FEET (3.06401 ACRES), MORE OR LESS 6 Lutheran Legacy Campus Existing Conditions Survey Prepared for: Wheat Ridge Urban Renewal Authority dba Renewal Wheat Ridge and the City of Wheat Ridge Prepared by: Economic & Planning Systems, Inc. August 29, 2023 EPS #223132 ATTACHMENT 3 Table of Contents 1.Introduction ............................................................................................. 1 Purpose ....................................................................................................... 1 Colorado Urban Renewal Law .......................................................................... 1 Methodology ................................................................................................ 4 2.Study Area Analysis .................................................................................. 5 Study Area ................................................................................................... 5 Field Survey Approach ................................................................................... 8 Blight Factor Evaluation Criteria ...................................................................... 8 Results of Field Survey ................................................................................ 11 3.Conclusions ............................................................................................ 23 List of Tables Table 1. Parcels Contained in the Study Area ........................................................ 5 Table 2. Blight Conditions in Study Area ............................................................. 11 List of Figures Figure 1. Lutheran Legacy Campus Proposed Urban Renewal Boundary and Parcels ..... 6 Figure 2. Lutheran Medical Center ........................................................................ 7 Figure 3. Poor Provisions or Unsafe Conditions for Pedestrians ................................ 12 Figure 4. Poor Internal Vehicular or Pedestrian Circulation ...................................... 14 Figure 5. Poor Vehicular Access .......................................................................... 15 Figure 6. Cracked or Uneven Surfaces for Pedestrians ........................................... 16 Figure 7. Vandalism/Graffiti ............................................................................... 16 Figure 8. Excessive Litter .................................................................................. 17 Figure 9. Open Ditches/Trenches in Pedestrian Areas ............................................ 17 Figure 10. Neglected Properties or Evidence of Maintenance Deficiencies .................... 18 Figure 11. Deteriorated Signage or Lighting ........................................................... 18 Figure 12. Deteriorated On-site Parking Surfaces, Curb and Gutter, or Sidewalks ........ 19 Figure 13. Unpaved Parking Lot ........................................................................... 20 Figure 14. Deteriorated Lighting ........................................................................... 20 Figure 15. Deteriorated Pavement, Curbs, and Sidewalks ......................................... 21 Figure 16. Underdeveloped in a Generally Urbanized Area ........................................ 22 Economic & Planning Systems, Inc. 223132-Draft Report_Lutheran Legacy Campus Existing Conditions Survey 8-20-2025 1 1. Introduction In February 2023, Economic & Planning Systems (EPS), working with the City of Wheat Ridge, conducted the following existing conditions survey (Survey) of the proposed Wheat Ridge Urban Renewal Plan Area known as the Lutheran Legacy Campus Urban Renewal Plan Area (Study Area). This proposed plan area is located at 8300 W. 38th Avenue and consists of approximately 112 acres. The Study Area is bound by West 32nd Avenue to the south, West 38th Avenue to the north, Allison Street to the east, and Dudley Street to the west, as shown in Figure 1 on page 6. The proposed Urban Renewal Area captures the Lutheran Legacy Campus Master Plan area and, if approved, will aide in supporting the redevelopment of the site and enable needed public improvements to be constructed in the area. Purpose The primary purpose of this Survey is to determine whether the Study Area qualifies as a “blighted area” within the meaning of Colorado Urban Renewal Law. Secondly, this Survey will influence whether the Study Area should be recommended to be established as an urban renewal plan area for such urban renewal activities, as the City Council and Wheat Ridge Urban Renewal Authority dba Renewal Wheat Ridge (URA) deem appropriate. Colorado Urban Renewal Law The requirements for the establishment of an urban renewal plan are outlined in the Colorado Urban Renewal Law, Colorado Revised Statutes (C.R.S.) § 31‐25‐101 et seq. In order to establish an area for urban renewal, there are an array of conditions that must be documented to establish a condition of blight. The determination that constitutes a blighted area depends upon the presence of several physical, environmental, and social factors. Blight is attributable to a multiplicity of conditions which, in combination, tend to accelerate the phenomenon of deterioration of an area and prevent new development from occurring. Lutheran Legacy Campus Existing Conditions Survey 2 Urban Renewal Law Blight Factors (C.R.S. § 31-25-103) “’Blighted area’ means an area that, in its present condition and use and, by reason of the presence of at least four of the following factors, substantially impairs or arrests the sound growth of the municipality, retards the provision of housing accommodations, or constitutes an economic or social liability, and is a menace to the public health, safety, morals, or welfare: (a) Slum, deteriorated, or deteriorating structures; (b) Predominance of defective or inadequate street layout; (c) Faulty lot layout in relation to size, adequacy, accessibility, or usefulness; (d) Unsanitary or unsafe conditions; (e) Deterioration of site or other improvements; (f) Unusual topography or inadequate public improvements or utilities; (g) Defective or unusual conditions of title rendering the title nonmarketable; (h) The existence of conditions that endanger life or property by fire or other causes; (I) Buildings that are unsafe or unhealthy for persons to live or work in because of building code violations, dilapidation, deterioration, defective design, physical construction, or faulty or inadequate facilities; (j) Environmental contamination of buildings or property; (k.5) The existence of health, safety, or welfare factors requiring high levels of municipal services or substantial physical underutilization or vacancy of sites, buildings, or other improvements; or (l) If there is no objection by the property owner or owners and the tenant or tenants of such owner or owners, if any, to the inclusion of such property in an urban renewal area, “blighted area” also means an area that, in its present condition and use and, by reason of the presence of any one of the factors specified in paragraphs (a) to (k.5) of this subsection (2), substantially impairs or arrests the sound growth of the municipality, retards the provision of housing accommodations, or constitutes an economic or social liability, and is a menace to the public health, safety, morals, or welfare. For purposes of this paragraph (l), the fact that an owner of an interest in such property does not object to the inclusion of such property in the urban renewal area does not mean that the owner has waived any rights of such owner in connection with laws governing condemnation.” Use of Eminent Domain In order for an Urban Renewal Authority to use the powers of eminent domain to acquire properties, 5 of the 11 blight factors must be present (C.R.S. § 31‐25‐105.5(a)). “’Blighted area’ shall have the same meaning as set forth in section 31‐25‐103 (2); except that, for the purposes of this section only, “blighted area” means an area that, in its present condition and use and, by reason of the presence of at least five of the factors specified in section 31‐25‐103 (2)(a) to (2)(l), substantially impairs or arrests the sound growth of the municipality, retards the provision of housing accommodations, or constitutes an economic or social liability, and is a menace to the public health, safety, morals, or welfare.” Economic & Planning Systems, Inc. 3 Urban Renewal Case Law In addition to the State statute, several principles have been developed by Colorado courts to guide the determination of whether an area constitutes a blighted area under the Urban Renewal Law. The following parameters have been established through case law for determining blight and the role of judiciary review. Tracy v. City of Boulder (Colo. Ct. App. 1981) • Upheld the definition of blight presented in the Urban Renewal Law as a broad condition encompassing not only those areas containing properties so dilapidated as to justify condemnation as nuisances, but also envisioning the prevention of deterioration. Therefore, the existence of widespread nuisance violations and building condemnation is not required to designate an area blighted. • Additionally, the determination of blight is the responsibility of the legislative body and a court’s role in review is to verify if the conclusion is based upon factual evidence determined by the City Council at the time of a public hearing to be consistent with the statutory definition. Interstate Trust Building Co. v. Denver Urban Renewal Authority (Colo. 1970) • Determined that blight assessment is not on a building-to-building basis but is based on conditions observed throughout the plan area as a whole. The presence of one well maintained building does not defeat a determination that an area constitutes a blighted area. Lutheran Legacy Campus Existing Conditions Survey 4 Methodology This Survey was completed by EPS to inventory and establish the existing conditions within the Study Area through data gathering and field observations of physical conditions. The Study Area was defined by the URA to encompass the proposed redevelopment of the Lutheran Medical Campus, which is comprised of 20 parcels located in Wheat Ridge, between West 32nd Avenue and West 38th Avenue, and between Allison Street and Dudley Street. An inventory of parcels within the Study Area was compiled using parcel data from the Jefferson County Assessor, documenting parcel ownership, size, use, vacancy, and assessed value. The field survey was conducted by EPS in February 2023. The 11 factors of blight in the state statute were broken down into “conditions” - existing situations or circumstances identified in the Study Area that may qualify as blight under each of the 11 factors. The conditions documented in this report are submitted as evidence to support a “finding of blight” according to Urban Renewal Law. Under the Urban Renewal Law, the final determination of blight within the Study Area is within the sole discretion of the Wheat Ridge City Council. Economic & Planning Systems, Inc. 223132-Draft Report_Lutheran Legacy Campus Existing Conditions Survey 8-20-2025 5 2. Study Area Analysis Study Area The proposed Lutheran Legacy Campus Urban Renewal Plan Area is comprised of 20 parcels on approximately 112 acres of land and adjacent right of way (ROW), as shown in Table 1 and Figure 1. The Study Area is bound by West 32nd Avenue to the south, West 38th Avenue to the north, Allison Street to the east, and Dudley Street to the west. Parcels in the Study Area are owned by the Sisters of Charity of Leavenworth Health, Foothills Medical Building Company LLP, and the City and County of Denver. The parcels within the Study Area are a combination of hospital and medical offices, parking for these facilities, vacant land, and water, as shown below. The improvements in the Study Area include the hospital with 675,100 square feet and various medical office buildings with a total of 111,000 square feet. The Study Area also includes adjacent right-of-way (ROW) along West 38th Avenue, West 32nd Avenue, Dudley Street, Allison Street, and the Rocky Mountain Ditch. Table 1. Parcels Contained in the Study Area Land Bldg. #Parcel Land Use Acres Sq. Ft.Land Improv.Total 1 39-271-01-004 Medical Office 2.52 44,805 $635,663 $1,200,559 $1,836,222 2 39-262-00-021 Vacant 38.45 0 $499,822 $0 $499,822 3 39-262-00-045 Hospital 29.06 675,098 $377,761 $14,491,127 $14,868,888 4 39-262-00-041 Medical Office 0.40 46,454 $105,623 $1,612,303 $1,717,926 5 39-271-01-005 Vacant 0.01 0 $203 $0 $203 6 39-271-01-002 Vacant 2.79 0 $43,465 $0 $43,465 7 39-271-00-012 Parking 2.16 0 $136,431 $14,462 $150,893 8 39-262-00-011 Medical Office 0.00 0 $6,742 $102,913 $109,655 9 39-262-00-012 Vacant 3.30 0 $448,134 $0 $448,134 10 39-271-00-043 Vacant 0.32 0 $64,477 $0 $64,477 11 39-271-12-001 Vacant 2.52 0 $32,750 $0 $32,750 12 39-262-00-040 Medical Office 14.27 19,426 $1,938,278 $249,105 $2,187,383 13 39-262-99-001 Vacant 1.26 0 $5,828 $0 $5,828 14 39-262-00-044 Vacant 2.02 0 $26,260 $0 $26,260 15 39-271-00-042 Exempt Vacant 1.91 0 $8,839 $0 $8,839 16 39-262-08-007 Vacant 1.99 0 $25,830 $0 $25,830 17 39-262-08-006 Medical Office 2.00 638 $12,641 $9,606 $22,247 18 WATER Vacant 0.54 0 $0 $0 $0 19 WATER Vacant 0.43 0 $0 $0 $0 20 WATER Vacant 0.57 0 $0 $0 $0 ROW 5.49 0 $0 $0 $0 Total 112.00 786,421 $4,368,747 $17,680,075 $22,048,822 Source: Jefferson County Assessor; Economic & Planning Systems Assessed Valuation Lutheran Legacy Campus Existing Conditions Survey 6 Figure 1. Lutheran Legacy Campus Proposed Urban Renewal Boundary and Parcels The Study Area currently includes the Lutheran Medical Center and supporting medical offices, shown below in Figure 2. The site itself has history dating back to 1905, when it was originally used as a tent colony for tuberculosis patients. As the need for tuberculosis treatment decreased, the medical facility shifted towards general medicine, and in 1961 Lutheran Medical Center was established. The medical center is home to Intermountain Healthcare, which will be vacating the site and relocating to a new campus at Clear Creek Crossing in 2024. Economic & Planning Systems, Inc. 7 Figure 2. Lutheran Medical Center Lutheran Legacy Campus Existing Conditions Survey 8 Field Survey Approach The following assessment is based on a field survey conducted by EPS. The survey team toured the Study Area, taking notes and photographs to document existing conditions corresponding to the blight factor evaluation criteria detailed in the following section. Blight Factor Evaluation Criteria This section details the conditions used to evaluate blight during the field survey. The following conditions correspond with 6 of the 11 blight factors in the Urban Renewal Law. Additional information on a number of these factors for which data was available was also collected. The remaining blight factors cannot be visually inspected and are dependent on other data sources. Given the prevalence of physically observable conditions of blight, these remaining blight factors were not investigated. Street Layout The following conditions evaluate the Urban Renewal Law blight factor “(b) predominance of defective or inadequate street layout,” through assessment of the safety, quality, and efficiency of street layouts, site access, and internal circulation. Typical examples of conditions that portray this criterion include: • Inadequate street or alley width / cross-section / geometry • Poor provision of streets or unsafe conditions for vehicular traffic • Poor provision of sidewalks/walkways or unsafe conditions for pedestrians • Insufficient roadway capacity • Inadequate emergency vehicle access • Poor vehicular or pedestrian access to buildings or sites • Excessive curb cuts / driveways along commercial blocks • Poor internal vehicular or pedestrian circulation Lot Layout The following conditions evaluate the Urban Renewal Law blight factor “(c) Faulty lot layout in relation to size, adequacy, accessibility, or usefulness.” Typical examples of conditions that portray this criterion include: • Faulty or inadequate lot shape or layout • Poor vehicular access • Lot size is deemed unusable Economic & Planning Systems, Inc. 9 Unsafe/Unsanitary The following conditions establish evidence of Urban Renewal Law blight factor “(d) unsanitary or unsafe conditions,” by evaluating visual conditions that indicate the occurrence of activities that inhibit the safety and health of the area including, but not limited to, excessive litter, unenclosed dumpsters, and vandalism. Typical examples include: • Floodplains or flood prone areas • Inadequate storm drainage systems/evidence of standing water • Poor fire protection facilities • Above average incidences of public safety responses • Inadequate sanitation or water systems • Existence of contaminants or hazardous conditions or materials • High or unusual crime statistics • Open/unenclosed trash dumpsters • Cracked or uneven surfaces for pedestrians • Illegal dumping/excessive litter • Vagrants/vandalism/graffiti/gang activity • Open ditches, holes, or trenches in pedestrian areas • Poorly lit or unlit areas • Insufficient grading/steep slopes • Unsafe or exposed electrical wire Site Improvements The following conditions evaluate the Urban Renewal Law blight factor “(e) deterioration of site or other improvements,” by evidence of overall maintenance deficiencies within the plan area including, deterioration, poorly maintained landscaping, and overall neglect. Examples of blighted site improvements include: • Neglected properties or evidence of maintenance deficiencies • Deteriorated signage or lighting • Deteriorated fences, walls, or gates • Deteriorated on-site parking surfaces, curb and gutter, or sidewalks • Unpaved parking lot (commercial properties) • Poor parking lot/driveway layout • Poorly maintained landscaping/overgrown vegetation Lutheran Legacy Campus Existing Conditions Survey 10 Infrastructure The observation of the following infrastructure insufficiencies is evidence of Urban Renewal Law blight factor “(f) unusual topography or inadequate public improvements or utilities.” Prototypical features of blight under this topic include: • Deteriorated pavement, curb, sidewalks, lighting, or drainage • Lack of pavement, curb, sidewalks, lighting, or drainage • Presence of overhead utilities or billboards • Inadequate fire protection facilities/hydrants • Inadequate sanitation or water systems • Unusual topography Vacancy The following conditions are evidence of Urban Renewal Law blight factor “(k) the existence of health, safety, or welfare factors requiring high levels of municipal services or substantial physical underutilization or vacancy of sites, buildings, or other improvements.” Various examples of features that fulfill this criterion include: • An undeveloped parcel in a generally urbanized area • Disproportionately underdeveloped parcel • Vacant structures • Vacant units in multi-unit structures Other Considerations The remaining five blight factors specified in the Urban Renewal Law were not investigated further due to sufficient evidence from the visual field survey supporting a condition of blight in 6 of the 11 blight factors. (a) Slum, deteriorated, or deteriorating structures; (g) Defective or unusual conditions of title rendering the title nonmarketable. (h) The existence of conditions that endanger life or property by fire or other causes. (I) Buildings that are unsafe or unhealthy for persons to live or work in because of building code violations, dilapidation, deterioration, defective design, physical construction, or faulty or inadequate facilities. (j) Environmental contamination of buildings or property, Economic & Planning Systems, Inc. 11 Results of Field Survey This section summarizes the findings of the visual field survey of the Study Area. Table 2 documents the specific blight conditions observed. These conditions are further explained following the table, for each specific category, and include image documentation or supportive data. Table 2. Blight Conditions in Study Area 2.01 Inadequate Street or Alley Width / Cross-section / Geometry 2.02 Poor Provisions or Unsafe Conditions for Vehicular Traffic 2.03 Poor Provisions or Unsafe Conditions for Pedestrians X 2.04 Insufficient Roadway Capacity Leading to Unusual Congestion 2.05 Inadequate Emergency Vehicle Access 2.06 Poor Vehicular or Pedestrian Access to Buildings or Sites 2.07 Excessive Curb Cuts / Driveways along Commercial Blocks 2.08 Poor Internal Vehicular or Pedestrian Circulation X 3.01 Faulty or inadequate lot shape or layout 3.02 Poor vehicular access X 3.03 Lot size is deemed not useful 4.01 Floodplains or Flood Prone Areas 4.02 Inadequate Storm Drainage Systems/Evidence of Standing Water 4.03 Poor Fire Protection Facilities 4.04 Above Average Incidences of Public Safety Responses 4.05 Inadequate Sanitation or Water Systems 4.06 Existence of Contaminants or Hazardous Conditions or Materials 4.07 High or Unusual Crime Statistics 4.08 Open / Unenclosed Trash Dumpsters 4.09 Cracked or Uneven Surfaces for Pedestrians X 4.10 Illegal Dumping / Excessive Litter X 4.11 Vagrants/Vandalism/Graffiti/Gang Activity X 4.12 Open Ditches, Holes, or Trenches in Pedestrian Areas X 5.01 Neglected Properties or Evidence of Maintenance Deficiencies X 5.02 Deteriorated Signage or Lighting X 5.03 Deteriorated Fences, Walls, or Gates 5.04 Deteriorated On-Site Parking Surfaces, Curb & Gutter, or Sidewalks X 5.05 Unpaved Parking Lot (Commercial Properties)X 5.06 Poor Parking Lot / Driveway Layout 5.07 Poorly Maintained Landscaping / Overgrown Vegetation 6.01 Deteriorated pavement, curb, sidewalks, lighting, or drainage X 6.02 Lack of pavement, curb, sidewalks, lighting, or drainage X 6.03 Presence of Overhead Utilities or Billboards 6.04 Inadequate Fire Protection Facilities / Hydrants 6.05 Inadequate Sanitation or Water Systems 6.06 Unusual Topography X 11.04 An Undeveloped Parcel in a Generally Urbanized Area X 11.05 Disproportionately Underdeveloped Parcel 11.06 Vacant Structures X 11.07 Vacant Units in Multi-Unit Structures Va c a n c y Conditions Observed St r e e t L a y o u t Un s a f e / U n s a n i t a r y Si t e I m p r o v e m e n t s In f r a s t r u c t u r e Lo t L a y o u t Lutheran Legacy Campus Existing Conditions Survey 12 1. Street layout: poor provisions or unsafe conditions for pedestrians, poor internal vehicular or pedestrian circulation Poor provisions or unsafe conditions for pedestrians were observed throughout the Study Area in the form of lack of sidewalks, cracked or uneven sidewalk surfaces, and poor internal pedestrian circulation. The walking trails and bridge in the center of the medical campus showed signs of erosion and were in need of repair, as shown in Figure 3. Additionally, within the medical campus there are walkways that ended abruptly and did not provide adequate connectivity internally to the site as well as externally. Specifically, there are no sidewalks along the west side of North Lutheran Parkway from the Rocky Mountain Ditch to West 32nd Avenue, north side of West 32nd Avenue from North Lutheran Parkway to Dudley Street, and various sections of West Lutheran Parkway are missing sidewalks on either side of the street, including next to the bus/shuttle stop near the intersection of North Lutheran Parkway. Figure 3. Poor Provisions or Unsafe Conditions for Pedestrians Economic & Planning Systems, Inc. 13 Poor internal vehicular access was also observed with streets abruptly ending. This was observed for a paved street from the parking lot on the east side of Study Area directly north of the Rocky Mountain Ditch that turns into a dirt path and does not connect to the North Lutheran Parkway, shown below in Figure 4. This also occurred on the west side of the Study Area where the street to the helicopter pad abruptly ends instead of connecting to West 35th Avenue, shown in Figure 4 on the bottom. Lutheran Legacy Campus Existing Conditions Survey 14 Figure 4. Poor Internal Vehicular or Pedestrian Circulation 2. Lot layout: poor vehicular access While the Study Area vehicular access may have sufficient connectivity north- south, the Study Area has poor vehicular access regarding east-west street needs. Connections to the established street grid are lacking, such as West 35th Avenue, shown below in Figure 5. There are two streets that connect to West 38th Avenue, North Lutheran Parkway and West Lutheran Parkway, but only one (North Lutheran Parkway) connects to West 32nd Avenue and travels through the entirety of the Study Area. For an area of this size, it has inadequate internal and external vehicle accessibility and limits development potential. Economic & Planning Systems, Inc. 15 Figure 5. Poor Vehicular Access 3. Unsafe/unsanitary: cracked or uneven surfaces for pedestrians, excessive litter, vandalism/graffiti, excessive litter, open ditches, holes, or trenches in pedestrian areas Throughout the Study Area several unsafe or unsanitary conditions were observed. Cracked or uneven surfaces for pedestrians were present largely on the walking paths between the medical buildings and in the southwest quadrant of the Study Area, as shown in Figure 6. It should be noted the sidewalks immediately near the hospital on the northern side of the Study Area were in the best condition, while moving south and west the condition of sidewalks decline. A utility box on the western side of the Study Area near Dudley Street was significantly vandalized with graffiti, shown in Figure 7, as well as a concerete barrier located between the parking lot and Rocky Mountain Ditch on the eastearn side of the Study Area. A concentration of excessive litter was found around the medical office building at the intersection of North Lutheran Parkway and West 38th Avenue, shown in Figure 8. The Rocky Mountain Ditch runs through the Study Area and has a pedestrain walkway adjacent to it through most of area, as shown in Figure 9. Lutheran Legacy Campus Existing Conditions Survey 16 Figure 6. Cracked or Uneven Surfaces for Pedestrians Figure 7. Vandalism/Graffiti Economic & Planning Systems, Inc. 17 Figure 8. Excessive Litter Figure 9. Open Ditches/Trenches in Pedestrian Areas Lutheran Legacy Campus Existing Conditions Survey 18 4. Site improvements: neglected properties, deteriorated signage, lighting, on-site parking surfaces, curb and gutter, or sidewalks, and unpaved parking lot Portions of the Study Area show signs of neglect, with the most significant evidence in vacant sections. For example, there are large concrete tubes next to an unmaintained baseball field, shown in Figure 10. Along with streetlamp on the ground in the gravel parking lot in the southwest corner of the Study Area and a do not enter sign on the ground in a parking lot (Figure 11). Several parking surfaces, curbs, sidewalks, and pavement throughout the Study Area showed signs of deterioration, illustrated in Figure 12. Additionally, the parking lot in the southwest corner of the Study Area is unpaved (Figure 13). Figure 10. Neglected Properties or Evidence of Maintenance Deficiencies Figure 11. Deteriorated Signage or Lighting Economic & Planning Systems, Inc. 19 Figure 12. Deteriorated On-site Parking Surfaces, Curb and Gutter, or Sidewalks Lutheran Legacy Campus Existing Conditions Survey 20 Figure 13. Unpaved Parking Lot 5. Infrastructure: deteriorated pavement, curb, sidewalks, or lighting; unusual topography Various types of infrastructure showed signs of deterioration and in need of maintenance including lighting, pavement, curbs, and sidewalks. In terms of lighting, a light post was found with the wiring exposed in the main parking lot along North Lutheran Parkway next to the hospital and, as previously mentioned, a streetlamp was found on the ground next to the unpaved parking lot (Figure 14). Throughout the medical campus several parking lots, curbs, and sidewalks showed evidence of deterioration (Figure 15). Additionally, the Study Area has an unusual topography with the Rocky Mountain Ditch dividing the site and steep slopes along the eastern side of the Study Area. Figure 14. Deteriorated Lighting Economic & Planning Systems, Inc. 21 Figure 15. Deteriorated Pavement, Curbs, and Sidewalks 6. Vacancy: vacant structures and an underdeveloped parcel in a generally urbanized area Lutheran Medical Campus is planning to vacate this location starting in 2024, leaving the Study Area largely vacant. It is anticipated that when the hospital moves many of the surrounding medical office building tenants will also relocate, leaving the existing buildings vacant. Currently, the Study Area includes approximately 58 acres of vacant land (Table 1), which includes some parking lots. The entirety of the site is not being utilized to its highest and best use. The surrounding area is developed with residential neighborhoods (Figure 16) along with the Wheat Ridge Lutheran Church in the northwest corner and cemetery south of West 32nd Avenue. Lutheran Legacy Campus Existing Conditions Survey 22 Figure 16. Underdeveloped in a Generally Urbanized Area Economic & Planning Systems, Inc. 223132-Draft Report_Lutheran Legacy Campus Existing Conditions Survey 8-20-2025 23 3. Conclusions Based on the definition of a blighted area in the Colorado Urban Renewal Law, Colorado Revised Statutes (C.R.S.) § 31‐25‐101 et seq., and based on the field survey results of the Study Area, EPS concludes that the Study Area is a blighted area as defined in the Colorado Urban Renewal Law, Colorado Revised Statutes (C.R.S.) § 31‐ 25‐101 et seq. The visual field survey conducted in February 2023 documented 6 of the 11 factors of blight within the Study Area. Therefore, this blighted area, as written in the Urban Renewal Law, “substantially impairs or arrests the sound growth of the municipality, retards the provision of housing accommodations, or constitutes an economic or social liability, and is a menace to the public health, safety, morals, or welfare.” Evidence of the following Urban Renewal Law blight factors are documented in this report: (b) Predominance of defective or inadequate street layout. (c) Faulty lot layout in relation to size, adequacy, accessibility, or usefulness. (d) Unsanitary or unsafe conditions. (e) Deterioration of site or other improvements. (f) Unusual topography or inadequate public improvements or utilities. (k.5) The existence of health, safety, or welfare factors requiring high levels of municipal services or substantial physical underutilization or vacancy of sites, buildings, or other improvements. Evidence of the following Urban Renewal Law blight factors were not visually observable, and based on the presence of other, more significant physical conditions, these factors of blight did not warrant further investigation. (a) Slum, deteriorated, or deteriorating structures. (g) Defective or unusual conditions of title rendering the title nonmarketable. (h) The existence of conditions that endanger life or property by fire or other causes. (I) Buildings that are unsafe or unhealthy for persons to live or work in because of building code violations, dilapidation, deterioration, defective design, physical construction, or faulty or inadequate facilities. (j) Environmental contamination of buildings or property. As established by Urban Renewal case law in Colorado, this assessment is based on the condition of the Study Area as a whole. There is substantial evidence and documentation of 6 of the 11 blight factors in the Study Area as a whole. ITEM NUMBER: 3 DATE: September 22, 2025 REQUEST FOR CITY COUNCIL ACTION COUNCIL BILL 18-2025 TITLE: AN ORDINANCE APPROVING THE DISPOSITION OF PARK LAND AT HANK STITES PARK AND IN CONNECTION THEREWITH AUTHORIZING AN EXCHANGE OF LAND TO CORRECT THE PROPERTY BOUNDARY ☒PUBLIC HEARING ☐BIDS/MOTIONS ☐RESOLUTIONS ☐ORDINANCES FOR 1st READING ☒ORDINANCES FOR 2nd READING QUASI-JUDICIAL ☐YES ☒NO ISSUE: Hank Stites Park is located at the northwest corner of W. 29th Avenue and Newland Street. There are discrepancies at the north and west sides of the park where improvements do not align with the property boundary. In 2021, this was approved by city council to be resolved by a land exchange with the adjacent property owner, however that approval has lapsed. Approval of this ordinance will reauthorize that approval and allow the land swap to be completed. Because this exchange involves park land, Section 16.5 of the City Charter requires unanimous approval by the entire council. PRIOR ACTION: This issue was first presented at a study session on June 1, 2020, at which time City Council provided direction to move forward on the land exchange. On December 13, 2021, City Council approved an ordinance authorizing the land exchange. That approval was valid for one year; however, the subdivision application associated with the exchange was not completed within that time frame due to changes among the ownership partners. City Council approved this ordinance on first reading on September 8, 2025. A motion was made by Councilmember Hoppe and seconded by Councilmember Dozeman and was approved by a vote of 8 to 0. FINANCIAL IMPACT: There is no proposal to exchange funds in association with the land swap. The owner of Council Action Form – Hank Stites Park Land Swap September 22, 2025 Page 2 the adjacent property at 6675 W. 29th Avenue is pursuing subdivision of their property and has borne the costs of the plat and the exhibits associated with the land exchange. The city previously shared the cost of replacing and upgrading the fence on the west side of the park between the two properties. BACKGROUND: Hank Stites Park is located at the northwest corner of W. 29th Avenue and Newland Street. The park contains a playground, basketball court, and a youth-size baseball field. The adjacent property at 6675 W. 29th Avenue is an oversized lot in the Residential-Two (R-2) zone district. The private property has a flag configuration with the majority of the land located west of the park and a 15-foot-wide pole portion extending east to Newland Street. The private property previously contained a single-family home which was demolished in 2017. The partnership that purchased the property pursued a subdivision and worked with the city’s Parks and Recreation Department to replace the chain link fence separating the park and private property. The original partnership subsequently dissolved before subdivision approval. Proposed Land Swap The current ownership group resumed a subdivision proposal in late 2024 and has submitted subdivision and drainage designs for review. The subdivision proposes four single-unit homes. While the subdivision can be approved with or without the land exchange, the swap corrects two longstanding issues: • At the north side of the park, the playground and basketball court extend over a 15-foot sliver of private property. It is unclear from historical records why the park improvements cross onto private property. This portion, 3,671 square feet, would be deeded to the city. • At the west side of the park, the fence is located several feet off the property line and into the park. The fence has been offset from the property line for many years in order to avoid mature trees. This portion, 1,471 square feet, would be deeded from the city to the adjacent owner. The exchange results in a net increase of land to the park and corrects property boundary discrepancies. The two parcels are shown in the attachments. Approval Process While the exchange results in a net gain of parkland, the transfer of the western 1,471- square-foot portion from the park is considered a disposal of parkland under Section 16.5 of the Wheat Ridge Charter. This requires unanimous approval of the entire Council by ordinance. If Council approves the exchange, the property owner will finalize their subdivision plat reflecting the new boundaries, and warranty deeds will be executed to finalize the Council Action Form – Hank Stites Park Land Swap September 8, 2025 Page 3 transaction. There is no proposal to exchange funds in association with the land exchange. RECOMMENDATION: Subdivision and development of the adjacent private property can proceed with or without the land exchange, however the exchange results in a favorable condition for both the city and the property owner. For this reason, staff recommends approval of the ordinance. RECOMMENDED MOTION: “I move to approve Council Bill No. 18-2025, an ordinance approving the disposition of park land at Hank Stites Park and in connection therewith authorizing an exchange of land to correct the property boundary, on second reading, order it published, and that it takes effect fifteen (15) days after final publication, as provided by Section 5.11 of the charter.” Or, “I move to postpone indefinitely Council Bill No. 18-2025, an ordinance approving the disposition of park land at Hank Stites Park and in connection therewith authorizing an exchange of land to correct the property boundary, for the following reason(s) _________________.” REPORT PREPARED/REVIEWED BY: Lauren Mikulak, Community Development Director Scott Cutler, Senior Planner Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No. 18-2025 2. Exhibit A - Legal Descriptions 3. Exhibit B - Aerial Image ATTACHMENT 1 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER HOPPE Council Bill No. 18 Ordinance No. 1831 Series 2025 TITLE: AN ORDINANCE APPROVING THE DISPOSITION OF PARK LAND AT HANK STITES PARK AND IN CONNECTION THEREWITH AUTHORIZING AN EXCHANGE OF LAND TO CORRECT THE PROPERTY BOUNDARY WHEREAS, the City of Wheat Ridge, Colorado (“City”) owns certain real property within the City at the northwest corner of West 29th Avenue and Newland Street that is designated as park land and known as Hank Stites Park (the “Park Property”); and WHEREAS, a playground and basketball court were constructed at the north end of the Park Property over a 15-foot-wide parcel of private property; and WHEREAS, the fence along the western boundary of the Park Property is not aligned with the parcel line because of the presence of mature trees; and WHEREAS, the City and the adjacent property owner, James S Muniz, desire to correct these property line discrepancies; and WHEREAS, the portion of Park Property which the City proposes to convey to James S Muniz is designated park land; and WHEREAS, pursuant to the Wheat Ridge City Charter Section 16.5, the unanimous approval of the entire City Council, by ordinance, is necessary to sell or dispose of designated park land; and WHEREAS, the City Council finds and determines that the disposition of a portion of Hank Stites Park does not impact the use or needs of the adjacent park; and WHEREAS, the City Council therefore desires to approve the disposition of the Park Property conditioned upon the receipt of the parcel along the north boundary of the park and the consolidation of the same with the Park Property. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Conveyance of Park Property approved. Pursuant to Charter Section 16.5, the City Council hereby approves the conveyance to James S Muniz of certain City- ATTACHMENT 1 owned property designated as park land, which land is more particularly described in Exhibit A, attached hereto and incorporated herein by this reference. Section 2. Conveyance Documents. In connection with the conveyance of park land approved by Section 1 above, the City Council hereby authorizes and directs the Mayor and City Clerk to execute the associated deeds and plat (once approved), in a form approved by the City Attorney. Section 3. Conditions of Approval. The conveyance of property and execution of associated documents approved by Sections 1 and 2 above is expressly contingent upon the satisfaction of all of the following conditions precedent: (1) James S Muniz conveys to the City the parcel north of the park, which land is more particularly described in Exhibit B, attached hereto and incorporated herein by this reference, and (2) James S Muniz completes final approval of a plat which consolidates the Park Property. Should any one of these conditions precedent fail to occur on or before September 22, 2026, the approvals set forth in Sections 1 and 2 above shall never become effective. Section 3. Severability, Conflicting Ordinances Repealed. If any section, subsection or clause of this Ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 4. Effective Date. This Ordinance shall take effect fifteen (15) days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on this 8th day of September, 2025, ordered published by title in the newspaper and in full on the City’s website as provided by the Home Rule Charter, and Public Hearing and consideration on final passage set for September 22, 2025, at 6:30 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 22nd day of September 2025. SIGNED by the Mayor on this _____ day of ____________, 2025 ATTEST: Margy Greer, Senior Deputy City Clerk Bud Starker, Mayor ATTACHMENT 1 Approved as to Form: Gerald E. Dahl, City Attorney First Publication: September 9, 2025 Second Publication: September 23, 2025 Effective Date: October 8, 2025 Published: Jeffco Transcript and www.ci.wheatridge.co.us EXHIBIT A PARCEL DESCRIPTION NORTH SOUTH PARK A PARCEL OF LAND LOCATED IN LOTS 1 THROUGH 3 OF HENDERSON’S SUBDIVISION AMENDED PLAT, IN THE SOUTHWEST QUARTER OF SECTION 25, TOWNSHIP 3 SOUTH, RANGE 69 WEST, OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF JEFFERSON, STATE OF COLORADO. BASIS OF BEARINGS: THE NORTH LINE OF SAID HENDERSON’S SUBDIVISION AMENDED PLAT, BEING MONUMENTED TO THE NORTHEAST BY A 3” BRASS CAP STAMPED "DMWW" AND TO THE NORTHWEST BY A 1” REBAR, ASSUMED TO BEAR SOUTH 89°41'31" WEST, A DISTANCE OF 375.10 FEET. COMMENCING AT THE SAID 3” BRASS CAP TO THE NORTH EAST, THENCE SOUTH 89°41’31" WEST ON SAID NORTH LINE OF HENDERSON’S SUBDIVISION AMENDED PLAT, A DISTANCE OF 245.29 FEET, THENCE SOUTH 00°03'34" WEST, A DISTANCE OF 15.11 FEET TO THE POINT OF BEGINNING, THENCE SOUTH 00°03'34" EAST, A DISTANCE OF 53.03 FEET, THENCE SOUTH 01°13'10" WEST, A DISTANCE OF 148.13 FEET, THENCE SOUTH 00°08'46" EAST, A DISTANCE OF 102.53 FEET, THENCE SOUTH 89°40'47" WEST, A DISTANCE OF 2.47 FEET TO A POINT THAT LIES NORTH 00°18'52" WEST, A DISTANCE OF 1.50 FEET FROM A 3” BRASS CAP STAMPED “DMWW”, THENCE NORTH 00°18'52" WEST, A DISTANCE OF 303.62 FEET, THENCE NORTH 89°40'01" EAST, A DISTANCE OF 7.61 FEET TO THE POINT OF BEGINNING. SAID DESCRIBED PARCEL OF LAND CONTAINS 1,471 SQ. FT. MORE OR LESS. SURVEYOR'S STATEMENT: I, AARON A. DEMO, A LICENSED PROFESSIONAL LAND SURVEYOR IN THE STATE OF COLORADO, DO HEREBY STATE THAT THIS PARCEL DESCRIPTION WAS PREPARED UNDER MY PERSONAL SUPERVISION AND CHECKING, AND THAT IT IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE, INFORMATION, BELIEF AND IN MY PROFESSIONAL OPINION. AARON A. DEMO, PLS COLORADO LICENSED PROFESSIONAL LAND SURVEYOR NO. 38285 FOR AND ON BEHALF OF BASELINE CORPORATION BASELINE ENGINEERING CORP. 4007 S. LINCOLN AVE. SUITE 405, LOVELAND, CO, 80537 (970) 353-7600 ATTACHMENT 2 PAGE 1 OF 2 EXHIBIT A PARCEL DESCRIPTION EAST WEST PARK A PARCEL OF LAND LOCATED IN LOT 4 OF HENDERSON’S SUBDIVISION AMENDED PLAT, IN THE SOUTHWEST QUARTER OF SECTION 25, TOWNSHIP 3 SOUTH, RANGE 69 WEST, OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF JEFFERSON, STATE OF COLORADO. BASIS OF BEARINGS: THE NORTH LINE OF SAID HENDERSON’S SUBDIVISION AMENDED PLAT, BEING MONUMENTED TO THE NORTHEAST BY A 3” BRASS CAP STAMPED "DMWW" AND TO THE NORTHWEST BY A 1” REBAR, ASSUMED TO BEAR SOUTH 89°41'31" WEST, A DISTANCE OF 375.10 FEET. COMMENCING AT THE SAID 3” BRASS CAP TO THE NORTH EAST, THENCE SOUTH 89°41'31" WEST ON SAID NORTH LINE OF HENDERSON’S SUBDIVISION AMENDED PLAT, A DISTANCE OF 1.50 FEET TO THE POINT OF BEGINNING, THENCE SOUTH 00°18'52" EAST, A DISTANCE OF 15.00 FEET, THENCE SOUTH 89°40'01" WEST, A DISTANCE OF 243.89 FEET, THENCE NORTH 00°03'34" EAST TO THE NORTH LINE OF SAID HENDERSON’S SUBDIVISION AMENDED PLAT, A DISTANCE OF 15.11 FEET, THENCE NORTH 89°41'31" EAST, ON THE NORTH LINE OF HENDERSON’S SUBDIVISION AMENDED PLAT, A DISTANCE OF 243.79 FEET, TO THE POINT OF BEGINNING. SAID DESCRIBED PARCEL OF LAND CONTAINS 3,671 SQ. FT. MORE OR LESS. SURVEYOR'S STATEMENT: I, AARON A. DEMO, A LICENSED PROFESSIONAL LAND SURVEYOR IN THE STATE OF COLORADO, DO HEREBY STATE THAT THIS PARCEL DESCRIPTION WAS PREPARED UNDER MY PERSONAL SUPERVISION AND CHECKING, AND THAT IT IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE, INFORMATION, BELIEF AND IN MY PROFESSIONAL OPINION. AARON A. DEMO, PLS COLORADO LICENSED PROFESSIONAL LAND SURVEYOR NO. 38285 FOR AND ON BEHALF OF BASELINE CORPORATION BASELINE ENGINEERING CORP. 4007 S. LINCOLN AVE. SUITE 405, LOVELAND, CO, 80537 (970) 353-7600 EXHIBIT B The first image shows in blue the current property lines of Stites Park and the adjacent private property at 6675 W. 29th Avenue; it also shows that park improvements encroach into private property. This second image highlights the parcels which are proposed to be exchanged. The east-west parcel shaded green is currently under private ownership and would become part of Stites Park. The north-south parcel shaded in orange is currently under City ownership but located on the west side of the fence line and would be conveyed to the owner of 6675 W.29th Avenue. The net increase in parkland would be just over 2,000 sf. ATTACHMENT 3 ITEM NUMBER: 4 DATE: September 22, 2025 REQUEST FOR CITY COUNCIL ACTION COUNCIL BILL 19-2025 TITLE: AN ORDINANCE APPROVING THE REZONING OF PROPERTY LOCATED AT 10285 RIDGE ROAD FROM AGRICULTURAL-ONE (A-1) TO MIXED USE COMMERCIAL – TRANSIT ORIENTED DEVELOPMENT (MUC-TOD) ☐PUBLIC HEARING ☐BIDS/MOTIONS ☐RESOLUTIONS ☒ORDINANCES FOR 1st READING ☐ORDINANCES FOR 2nd READING QUASI-JUDICIAL ☒YES ☐NO ISSUE: The applicant is requesting approval of a zone change from Agricultural-One (A-1) to Mixed Use Commercial – Transit Oriented Development (MUC-TOD) for property at 10285 Ridge Road for a mixed-use affordable housing project. PRIOR ACTION: None FINANCIAL IMPACT: Fees in the amount of $3,778 were collected for the review and processing of the zone change and concept plan. Site plan application fees will be due at time of individual site plan applications. Building permit and plan review fees will be paid as part of the issuance of building permits. Parkland dedication fees are waived for affordable housing projects. BACKGROUND: The site is located on the north side of Ridge Road, west of Miller Street, and south of West 54th Avenue. The site is legally described as Lot 1, Block 1, CDHS Summit Village Subdivision Filing No. 1 and is approximately 474,405 square feet (10.891 acres) in size. It currently contains several unoccupied buildings from when it functioned as part of a much larger 68-acre, group home campus for people with intellectual and developmental disabilities, originally owned and operated by the Colorado Department of Human Services in the 1980’s. The remaining buildings on the site are currently undergoing remediation through the state and will eventually be demolished. Council Action Form – Rezoning Property at 10285 Ridge Rd. September 22, 2025 Page 2 The property is surrounded by a wide range of land uses and zoning designations with lower-density residential to the north and west, transit-supportive residential to the south, and commercial/institutional to the east. The site is currently zoned Agricultural- One (A-1) and is well-situated to serve as a transition between surrounding properties. Adjacent properties to the north are zoned Planned Unit Development (in Arvada); to the west are properties zoned Planned Residential Development (in Wheat Ridge); to the south is Planned Industrial Development (in Wheat Ridge) zoning, including the Rocky Mountain Bottling plant; and to the east is the Wheat Ridge Regional Center (WRRC), which is operated by the Colorado Department of Human Services and provides a collection of group homes that serve adult individuals with intellectual and developmental disabilities who need additional support. The redevelopment site surrounds the WRRC site on three sides. The WRRC site will remain under state ownership and zoned A-1 and is not a part of this application. Further to the northeast is the Arvada Red Rocks Community College (RRCC) campus which is zoned Mixed Use Transit (Arvada). The current A-1 zoning allows for government facilities or one (1) single-unit home and accessory structures, with up to 25-percent building coverage and 35-foot height. The State of Colorado recently sold the property to the Jefferson County Housing Authority dba Foothills Regional Housing (FRH) under the condition that it be developed primarily as an affordable housing site with secondary community services. FRH’s intent is to redevelop the site as a mixed-use property with a range of affordable housing types as well as educational (expansion of RRCC), office, and community-supporting commercial uses. The site is located within one-quarter mile of the Arvada Station and within one mile of the Wheat Ridge · Ward Station. It falls within the Transit Village place type within the City Plan. Transit Village is defined as a compact, walkable district centered around a rail station that supports higher-density residential development and convenient access to neighborhood-serving commercial amenities. The Transit Village is intended to promote transit use, reduce dependence on personal vehicles, and foster a vibrant, mixed-use environment where daily needs can be met within walking distance. MUC- TOD zoning is appropriate because of the designation in City Plan, the proximity to the commuter rail station, and the variety of land uses in the area. The proposed MUC-TOD zoning allows for a wide range of residential and commercial uses, such as the RRCC expansion. Because the site is over 10 acres, a concept plan is also required. A concept plan application is concurrently under review by staff, along with plans for the RRCC building on the northeast corner for expansion of their nursing program, a supportive services building (such as a community health center) on the southeast corner, and a variety of affordable housing on the west side of the site. An office/maintenance building for the housing units and grounds is planned internal to the site. Council Action Form – Rezoning Property at 10285 Ridge Rd. from A-1 to MUC-TOD September 22, 2025 Page 3 A complete analysis of the zone change criteria, along with the draft Concept Plan, will be included with the ordinance for second reading. RECOMMENDATION: The application in this case is for the rezoning of property. This action is quasi-judicial, and as a result, the applicant is entitled to a public hearing on the application. As Council is aware, rezoning in Wheat Ridge is accomplished by ordinance (Charter Sec. 5.10; Code Section 26-112). Ordinances require two readings, and by Charter, the public hearing takes place on second reading. First reading in these cases is a procedural action that merely sets the date for the (second reading) public hearing. No testimony is taken on first reading. Because it is important that the applicant and all interested parties have their due process rights to a hearing, the City Attorney advises Council to approve rezoning ordinances on first reading. This merely sets the date for the public hearing, and for this reason, the packet materials provided on first reading are generally limited. The Planning Commission packet and draft minutes will be included in the City Council packet for the public hearing. RECOMMENDED MOTION: “I move to approve Council Bill No. 19-2025, an ordinance approving the rezoning of property located at 10285 Ridge Road from Agricultural-One (A-1) to Mixed Use Commercial – Transit Oriented Development (MUC-TOD) on first reading for the purpose of ordering it published for a public hearing set for Monday, October 27, 2025 at 6:30 p.m. in City Council Chambers, and, if adopted, that it take effect 15 days after final publication.” REPORT PREPARED/REVIEWED BY: Stephanie Stevens, Senior Planner Jana Easley, Planning Manager Lauren Mikulak, Community Development Director Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No. 19-2025 ATTACHMENT 1 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Council Bill No. 19-2025 Ordinance No. 1832 Series 2025 TITLE: AN ORDINANCE APPROVING THE REZONING OF PROPERTY LOCATED AT 10285 RIDGE ROAD FROM AGRICULTURAL-ONE (A-1) TO MIXED USE COMMERCIAL – TRANSIT ORIENTED DEVELOPMENT (MUC-TOD) (CASE NO. WZ-25-02) WHEREAS, Chapter 26 of the Wheat Ridge Code of Laws establishes procedures for the City’s review and approval of requests for land use cases; and WHEREAS, Jefferson County Housing Authority dba Foothills Regional Housing submitted a land use application for approval of a zone change to the Mixed Use Commercial – Transit Oriented Development (MUC-TOD) for property at 10285 Ridge Road; and WHEREAS, Foothills Regional Housing intends to redevelop the site as a mixed- use property with a range of affordable housing types, educational (expansion of Red Rocks Community College), office, and community-supporting commercial uses.; and WHEREAS, the City of Wheat Ridge has adopted a Comprehensive Plan, City Plan, which promotes inclusiveness, serving a mix of incomes, and offering a diverse variety of housing options; and WHEREAS, the City Plan recognizes the site as Transit Village, which is defined as a compact, walkable district centered around a rail station that supports higher density residential development and convenient access to neighborhood serving commercial amenities; and WHEREAS, the proposed rezoning is necessary and appropriate to accommodate affordable housing and supportive services near transit stations; and WHEREAS, the zone change criteria support the request; and WHEREAS, the City of Wheat Ridge Planning Commission will hold a public hearing on October 16, 2025 to consider the rezoning of the property to Mixed Use Commercial – Transit Oriented Development (MUC-TOD). NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: ATTACHMENT 1 Section 1. Upon application by Foothills Regional Housing for approval of a zone change ordinance from Agricultural-One (A-1) to Mixed Use Commercial – Transit Oriented Development (MUC-TOD) for property located at 10285 Ridge Road, and pursuant to the findings made based on testimony and evidence presented at a public hearing before the Wheat Ridge City Council, a zone change is approved for the following described land: LOT 1, BLOCK 1, CDHS SUMMIT VILLAGE SUBDIVISION FILING NO. 1, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO Section 2. Vested Property Rights. Approval of this zone change does not create a vested property right. Vested property rights may only arise and accrue pursuant to the provisions of Section 26-121 of the Code of Laws of the City of Wheat Ridge. Section 3. Safety Clause. The City of Wheat Ridge hereby finds, determines, and declares that this ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the ordinance bears a rational relation to the proper legislative object sought to be attained. Section 4. Severability, Conflicting Ordinances Repealed. If any section, subsection, or clause of this Ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 5. Effective Date. This Ordinance shall take effect fifteen (15) days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of ___ to ___ on this 22nd day of September 2025, ordered published by title in the newspaper and in full on the City’s website as provided by the Home Rule Charter, and Public Hearing and consideration on final passage set for October 27, 2025, at 6:30 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 27th day of October 2025. ATTACHMENT 1 SIGNED by the Mayor on this _______ day of ____________________, 2025. ATTEST: Margy Greer, Senior Deputy City Clerk Bud Starker, Mayor Approved as to Form: Gerald E. Dahl, City Attorney First Publication: September 23, 2025 Second Publication: October 28, 2025 Effective Date: November 12, 2025 Published: Jeffco Transcript and www.ci.wheatridge.co.us ITEM NUMBER: 5 DATE: September 22, 2025 REQUEST FOR CITY COUNCIL ACTION RESOLUTION 47-2025 TITLE: A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT CONCERNING REGIONAL COLD WEATHER RESPONSE FOR THOSE EXPERIENCING HOMELESSNESS ☐PUBLIC HEARING ☐BIDS/MOTIONS ☒RESOLUTIONS ☐ORDINANCES FOR 1st READING ☐ORDINANCES FOR 2nd READING QUASI-JUDICIAL ☐YES ☒NO ISSUE: The County of Jefferson and the cities of Arvada, Edgewater, Golden, Lakewood, Westminster, and Wheat Ridge are proposing an Intergovernmental Agreement (IGA) to establish a collaborative, regional approach to addressing cold weather response for those experiencing homelessness in Jefferson County for the 2025-2026 cold weather season and potentially beyond. This initiative aims to address the increasing number of individuals experiencing homelessness in Jefferson County, which is recognized as a regional issue affecting the health, safety, and welfare of each community. PRIOR ACTION: The Parties to the proposed IGA previously participated in the 2025 Jefferson County Spring Forum on Homelessness. This forum served as a platform to discuss and plan for a regional homelessness response, focusing on building regional approaches, reviewing local actions, identifying common challenges and successes, and aligning potential collaborative solutions. A key outcome of the Forum was the agreement on a countywide cold weather response strategy for the 2025-2026 cold weather season. FINANCIAL IMPACT: The total estimated sheltering costs for the 2025-2026 Cold Weather Season is $2,059,000. This estimate is based on the actual expense to fund the following regional sheltering, staffing and operational support options during the 2024-2025 season. Lakewood Navigation Center $500,000 Jeffco Family Shelter $300,000 The Mac in Westminster $69,000 Arvada non-profit shelter $100,000 Motel vouchers $940,000 Staffing support $150,000 Total $2,059,000 Council Action Form – IGA Cold Weather Response September 22, 2025 Page 2 Jefferson County will serve as the Fiscal Agent. Cities will pay their pro rata costs directly to Jefferson County, with 25% due on November 1, 2025, and the remaining 75% due on or by January 15, 2026. Wheat Ridge’s pro rata share based on population is $102,950, of which $25,737 is due on November 1, 2025, and the remaining $77,213 is due on January 15, 2026. BACKGROUND: The IGA aims to coordinate a regional cold weather response for those experiencing homelessness in Jefferson County, recognizing this as a regional issue impacting the health, safety, and welfare of all communities. The Parties agree to work collaboratively to coordinate a regional approach for cold weather response and to abide by the terms set forth in Exhibit A (the Term Sheet). The IGA may be renewed annually for up to five (5) consecutive one-year terms, with automatic renewals unless terminated. The cold weather service period is defined as October 1, 2025 – April 30, 2026, with provisions for severe weather events after April 30. Jefferson County will activate the regional response based on 72-hour forecasts from the National Weather Service, utilizing specific temperature/precipitation thresholds. These thresholds include a Health Alert Notification for extreme weather (10°F regardless of wind or precipitation) and a Health Advisory Notification for severe weather (32°F or lower with accumulation of precipitation greater than one inch, or 20°F or lower with or without precipitation). A dedicated Cold Weather Activation (CWA) Team, comprising representatives from Jefferson County Public Health, Human Services, and Emergency Management, will convene to prepare for activations. Coordinated outreach, involving homeless/housing navigators, non-profit partners, and police departments, will provide information and connect unsheltered individuals to available shelter during CWAs. During CWAs, Parties agree to transport people to/from shelter to the extent possible, utilizing RTD passes, and a Lyft Concierge account managed by Jefferson County. Transportation is not guaranteed due to severe weather conditions. Motel vouchers will be issued to eligible families and singles based on vulnerability and conditions limiting access to congregate shelter. RECOMMENDATIONS: It is recommended that the Council: 1. Approve and authorize the execution of the Intergovernmental Agreement Concerning Regional Cold Weather Response for those Experiencing Homelessness. 2. Commit to the financial obligations and cost-sharing arrangements outlined in the IGA and its Term Sheet (Exhibit A), including making pro rata payments to Jefferson County as the Fiscal Agent. Council Action Form – IGA Cold Weather Response September 22, 2025 Page 3 3. Support collaborative efforts for cold weather response, including participation in outreach, transportation, and reporting as defined in the IGA. RECOMMENDED MOTION: “I move to approve Resolution 47-2025, a resolution approving an Intergovernmental Agreement concerning regional cold weather response for those experiencing homelessness.” Or, “I move to postpone indefinitely Resolution 47-2025, a resolution approving an Intergovernmental Agreement concerning regional cold weather response for those experiencing homelessness for the following reason(s).” REPORT PREPARED/REVIEWED BY: Patrick Goff, City Manager ATTACHMENTS: 1. Resolution No. 47-2025 2. Intergovernmental Agreement ATTACHMENT 1 CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 47 SERIES OF 2025 TITLE: A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT CONCERNING REGIONAL COLD WEATHER RESPONSE FOR THOSE EXPERIENCING HOMELESSNESS WHEREAS, the City of Wheat Ridge, along with Jefferson County and the cities of Arvada, Edgewater, Golden, Lakewood, and Westminster, recognizes that homelessness is a regional issue impacting the health, safety, and welfare of all communities within Jefferson County; and WHEREAS, the Parties participated in the 2025 Jefferson County Spring Forum on Homelessness, which identified the need for a collaborative, countywide cold weather response strategy for the 2025-2026 cold weather season and potentially beyond; and WHEREAS, the Intergovernmental Agreement (IGA) establishes a coordinated, regional cold weather response program to provide shelter, transportation, and outreach services for individuals and families experiencing homelessness during periods of extreme weather; and WHEREAS, Jefferson County will serve as Fiscal Agent for the program, with the total cost of $2,059,000 to be shared among the participating jurisdictions on a pro rata basis; and WHEREAS, Wheat Ridge’s share of the cost is $102,950 payable in two installments of $25,737 due on November 1, 2025, and $77,213 due on January 15, 2026; and WHEREAS, the City Council finds and determines that the participation in this IGA is in the best interests of the City and its residents and will further the City’s goals of regional collaboration and public safety. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado: 1. The Intergovernmental Agreement Concerning Regional Cold Weather Response for those Experiencing Homelessness, attached hereto and incorporated herein by reference, is hereby approved. 2. The Mayor and City Manager are authorized to execute the IGA and any necessary supporting documents. 3. The City of Wheat Ridge commits to its financial obligations as outlined in the IGA and Exhibit A, including the payment of $102,950 to Jefferson County in accordance with the prescribed schedule. 4. The City of Wheat Ridge affirms its commitment to collaborate with Jefferson County and partner municipalities in the implementation of the cold weather response, including participation in outreach, transportation, and reporting. DONE AND RESOLVED this 22nd day of September 2025 [SEAL] Bud Starker, Mayor ATTEST: Margy Greer, Sr. Deputy City Clerk 1 INTERGOVERNMENTAL AGREEMENT CONCERNING REGIONAL COLD WEATHER RESPONSE FOR THOSE EXPERIENCING HOMELESSNESS 1.0 PARTIES. This Intergovernmental Agreement (“IGA”), effective as of October 1, 2025 (“Effective Date”), is entered into by the following Parties (each, individually, a “Party”): 1.1. The County of Jefferson, State of Colorado, a body politic and corporate (the “County”) 1.2. The City of Arvada, a municipal corporation (“Arvada”) 1.3. The City of Edgewater, a municipal corporation (“Edgewater”) 1.4. The City of Golden, a municipal corporation (“Golden”) 1.5. The City of Lakewood, a municipal corporation (“Lakewood”) 1.6. The City of Westminster, a municipal corporation (“Westminster”); and 1.7. The City of Wheat Ridge, a municipal corporation (“Wheat Ridge”). 2.0 RECITALS 2.1. The Parties are authorized by the provisions of Colo. Const. Art. XIV, §18(2)(a) and C.R.S. §§29-1-201, et. seq. to contract with one another to provide any function, service, or facility lawfully authorized to each. 2.2. The increasing number of individuals experiencing homelessness in Jefferson County continues to be a regional issue that affects the health, safety, and welfare of each of the Parties’ communities. 2.3. The Parties participated in the 2025 Spring Forum on Homelessness to address and plan for a regional homelessness response. The Forum centered on building regional approaches, reviewing local actions, identifying common challenges and successes and aligning potential collaborative solutions, with a specific focus on collaborating on a regional cold weather response for the 2025-2026 cold weather season. 2.4. The Parties agree it would be in the best interest of all Parties to coordinate a regional cold weather response for those experiencing homelessness in Jefferson County. 2.5. The Parties desire to establish this IGA to commit to a collaborative, regional approach to addressing cold weather response for those experiencing homelessness in Jefferson County. ATTACHMENT 2 2 2.6. Establishment of this IGA will serve a public purpose and will promote the health, safety, and general welfare of inhabitants in and around Jefferson County. 3.0 EFFECTIVE DATE AND TERM 3.1. This IGA will take effect on October 1, 2025, and remain in effect through September 30, 2026, subject to the Parties’ right to terminate under this IGA. 3.2. This IGA may be renewed by the Parties annually for no more than five (5) consecutive one-year renewal terms Renewals shall be automatic unless the Agreement is terminated by any Party pursuant to Section 7.1 of this IGA. Each year 60 days prior to commencement of any renewal term, the Parties shall agree upon any changes to the Term Sheet contained in Exhibit A or confirm that Exhibit A remains unchanged. Any agreed-upon changes to Exhibit A shall be deemed an amendment to this IGA. 4.0 RESPONSIBILITIES OF THE PARTIES. The Parties agree to work collaboratively to coordinate a regional approach for a cold weather response for those experiencing homelessness among Jefferson County jurisdictions. 5.0 TERM SHEET. The Parties agree to abide by the terms set forth in the Term Sheet attached hereto as Exhibit A to carry out the intention of the Parties to strategically address the regional response to 2025-2026 cold weather season for those experiencing homelessness in Jefferson County. 6.0 AMENDMENTS 6.1. This IGA may be amended at any time by written agreement signed by the signing authorities of the Parties to this IGA. 7.0 TERMINATION OF IGA 7.1. INDIVIDUAL PARTY TERMINATION. Any Party may terminate its participation in this IGA by providing 60 days written notice to the other Parties. In the event of such termination, the remaining Parties agree to meet and decide how to proceed without the terminating Party. Upon notice of such termination, the Parties may continue this IGA without the terminating Party or decide to terminate the IGA. The terminating Party shall pay their portion of the pro rata pooled funding obligation as of the effective date of the Party’s termination. Pro rata for this purpose shall be calculated 3 based on the percentage of the cold weather season that has elapsed as of the effective date of termination. 8.0 GENERAL PROVISIONS 8.1. SEVERABILITY. If any provision of this IGA or the application thereof to any Party is held invalid, such invalidity shall not affect other provisions or applications of the IGA which can be given effect without the invalid provision or application, and to this end, the provisions of the IGA are declared to be severable. 8.2. ASSIGNMENT. Except as otherwise stated herein, this IGA shall not be assigned by any Party. 8.3. NO THIRD-PARTY BENEFICIARIES. Except as otherwise stated herein, this IGA is intended to describe the rights and responsibilities of and between the Parties and is not intended to, and shall not be deemed to, confer rights upon any persons or entities not named as Parties. Nothing contained herein shall be deemed to create a partnership or joint venture between the Parties. 8.4. BINDING EFFECT. This IGA shall inure to the benefit of, and be binding upon, the Parties, their respective legal representatives, successors, heirs, and assigns; provided, however, that nothing in this paragraph shall be construed to permit the assignment of this IGA except as otherwise expressly authorized herein. 8.5. NOTICES. Any notice or notification required or permitted by the IGA shall be in writing and shall be deemed to have been sufficiently given for all purposes if sent by certified mail or registered mail, postage and fees prepaid, addressed to the party to whom such notice is to be given at the address as has been previously furnished in writing, to the other party or parties. Such notice or notification shall be deemed to have been given when deposited in the United States mail. 8.6. TABOR COMPLIANCE; NO GENERAL OBLIGATION INDEBTEDNESS. Because this IGA may extend beyond the current fiscal year, all of the Parties understand and intend that the obligation of the Parties for committing monetary funding hereunder constitutes a current expense of the Parties payable exclusively from the Parties’ funds and appropriated each fiscal year and shall not in any way be construed to be a multi-fiscal year debt or other financial obligation within the meaning of Article X, Section 20 of the Colorado Constitution, a general obligation indebtedness 4 of the Parties within the meaning of any provision of Article XI of the Colorado Constitution, or any other constitutional or statutory indebtedness. 8.7. GOVERNING LAW AND VENUE. This IGA shall be governed by the laws of the State of Colorado. Venue for any action arising under this IGA will be in the appropriate court for Jefferson County, Colorado. 8.8. BINDING AUTHORITY. The Parties represent and affirm that the signature page hereof accurately states the full legal name of the entity, contains all requisite signature(s) on behalf of the Party, has been properly acknowledged by attestation, notary acknowledgment, or both. 8.9. COUNTERPARTS. This IGA may be executed in any number of counterparts, each of which shall be deemed to be an original and all such counterparts taken together shall be deemed to constitute one and the same instrument. The Parties acknowledge and agree that the original of this IGA, including the signature page, may be scanned and stored in a computer database or similar device, and that any printout or other output readable by sight, the reproduction of which is shown to accurately reproduce the original of this IGA, may be used for any purpose as if it were the original, including proof of the content of the original writing. 8.10. GOVERNMENTAL IMMUNITY. No portion of this IGA shall be deemed to constitute a waiver of any immunity, the Parties, or their officers or employees may possess, nor shall any portion of this IGA be deemed to have created a duty of care which did not previously exist with respect to any person not a party to this IGA. [SIGNATURE PAGES FOLLOW] 5 COUNTY OF JEFFERSON, STATE OF COLORADO By: Joseph M. Kerby, County Manager jmkerby@jeffco.us ATTEST: _________________________________ APPROVED AS TO FORM: By: _____________________ Carey Taylor Markel, Deputy County Attorney cmarkel@jeffco.us 6 CITY OF ARVADA, a Colorado home rule municipal corporation By: ________________________________ Don Wick, City Manager dwick@arvada.org ATTEST: _________________________________ City Clerk APPROVED AS TO FORM: By: ___________________________________ Kylie Justus, Senior Assistant City Attorney kjustus@arvada.org 7 CITY OF GOLDEN, a Colorado municipal corporation By: ________________________________ Scott Vargo, City Manager svargo@cityofgolden.net ATTEST: _________________________________ City Clerk APPROVED AS TO FORM: By: ___________________________________ Sandra Llanes, City Attorney sllanes@cityofgolden.net 8 CITY OF LAKEWOOD, a Colorado municipal corporation By: ________________________________ Kathleen E. Hodgson, City Manager kathod@lakewood.org ATTEST: _________________________________ City Clerk APPROVED AS TO FORM: By: ___________________________________ Lauren Stanek, Senior Assistant City Attorney lausta@lakewoodco.org 9 CITY OF WESTMINSTER, a Colorado municipal corporation By: ________________________________ Jody Andrews, City Manager jandrews@westminsterco.gov ATTEST: _________________________________ City Clerk APPROVED AS TO FORM: By: ___________________________________ Matthew Munch, City Attorney mmunch@westminsterco.gov 10 CITY OF WHEAT RIDGE, a Colorado municipal corporation By: ________________________________ Patrick Goff, City Manager pgoff@ci.wheatridge.co.us ATTEST: _________________________________ City Clerk APPROVED AS TO FORM: By: ___________________________________ Gerald Dahl, City Attorney gdahl@mdkrlaw.com 11 CITY OF EDGEWATER, a Colorado municipal corporation By: ________________________________ Dan Maples, City Manager dmaples@edgewater.com ATTEST: _________________________________ City Clerk APPROVED AS TO FORM: By: ___________________________________ Carmen Beery, City Attorney cbeery@mdkrlaw.com 12 Exhibit A IGA 2025-2026 COLD WEATHER TERM SHEET Term of Agreement: October 1, 2025-September 30, 2026 Service Period: October 1, 2025 – April 30, 2026 • If a severe weather event occurs after April 30 and sheltering is deemed necessary, the Parties agree these Terms continue to apply. Sheltering Options The Parties agree to share the costs associated with severe weather sheltering for the 2025-2026 cold weather season, with the following sheltering, staffing, and operational support options: o Lakewood Navigation Center ($500,000) This is a cap due to reasonable and standard expectations based on past years’ operations.  Serving as 24/7 transitional shelter for up to 103 referred and enrolled guests with the understanding the facility does not provide walk-up or drop-off shelter access during cold weather periods. o Jeffco Family Shelter ($300,000)  Serving as 24/7 emergency shelter for families with at least one dependent age 18 or under o Motel vouchers ($900,000)  Provision of up to 200 motel vouchers nightly to provide sheltering on nights of severe/extreme cold weather  Activated during severe weather at 32°F or lower with accumulation of precipitation (snow) greater than one inch or with discretion in conditions of concurrent non-accumulating wet precipitation such as rainfall or sleet, or 20°F or lower with or without precipitation. Consideration will be given to wind when determining activation. o Staffing/Operational support for county motel vouchering ($150,000)  Needs related to oversight, administration and distribution of motel vouchers issued by Jefferson County o The Mac in Westminster ($69,000)  Activated when temperatures are anticipated to be 0°F or sustained wind chill temperatures below 0°F for a minimum duration of six hours as determined based on the City of Westminster’s Emergency Shelter Plan managed/operated by the Westminster Fire Department for extreme cold weather events. 13 o Westminster motel vouchers ($40,000)  Activated during severe cold weather at 32°F or lower with a forecast 25% or more chance of precipitation or 20°F or lower with or without precipitation if guests cannot go to a congregant shelter. More rooms are made available when forecast temperatures fall to 10°F or lower. o Arvada non-profit ($100,000)  Operational expenses related to severe weather sheltering for up to 45 individuals  Activated during severe weather at 32°F or lower with accumulation of precipitation (snow) greater than one inch or 20°F or lower with or without precipitation Total Sheltering Costs for 2025-2026 Cold Weather Season The Parties agree that the total sheltering costs for the 2025-2026 Cold Weather Season to be shared on pro rata basis based on population is $2,059,000. Each party’s pro-rata share is set forth in the chart below: Cost Sharing Lakewood, Westminster, Arvada, and Jefferson County each pay their Direct Payment Offsets, noted in the table above, in alignment with established fiscal processes which are costs those entities contribute towards sheltering operations. These costs would be deducted from the pro rata assessed amount each contribute to the pooled funding. If city-funded sheltering costs are not committed by January 1, 2026, that city’s allotted amount will be added to the pooled funding. Wheat Ridge, Edgewater, and Golden each pay their pro rata costs directly into pooled funding. All pro rata payments will be used to fund Jeffco Family Shelter and motel vouchers issued by the County. 14 County as Fiscal Agent Jefferson County will serve as the Fiscal Agent with respect to the pooled funding and will establish tracking and reporting processes. The cities will pay their pro rata costs directly to Jefferson County with 25% due on November 1, 2025 and the remaining 75% paid on or by January 15, 2026 as noted in the table above. Lakewood, Westminster, and Arvada will submit monthly reports to the Fiscal Agent outlining agreed upon measures and expenditures for city-led sheltering options. Monthly tracking reports will be provided during monthly City/County Manager meetings. The County as Fiscal Agent will provide the cities with an end of season report in advance of 2027 budget decisions. All expenditures need to be submitted to the Fiscal Agent by June 15, 2026 with the goal of providing a final report by July 1, 2026. These dates do not reflect unforeseen circumstances that may extend the need for severe weather response and with due diligence to achieve final reconciliation in a timely manner. Any expenditures incurred during an event subsequent to April 30, 2026 must be submitted within 30 days of the severe/extreme weather event. Fiscal Reconciliation Decision-Making Each Party has identified a representative to carry out the continued implementation of this work and to represent their respective localities in the preparation for the upcoming cold weather season. The following individuals are the appointed decision makers to carry forward this work: • Don Wick, City Manager, Arvada • Dan Maples, City Manager, Edgewater • Scott Vargo, City Manager, Golden • Joseph Kerby, County Manager, Jefferson County • Kathleen Hodgson, City Manager, Lakewood • Jody Andrews, City Manager, Westminster • Patrick Goff, City Manager, Wheat Ridge • Kerry Wrenick, Regional Homelessness Coordinator, Jefferson County (non-voting) With monthly reporting/tracking of expenses and the end of season report, any increases to projected costs will be evaluated on an ongoing and end of season basis during the monthly City/County Manager meetings. During the monthly meetings, the cities and the County will discuss topics such as additional funding, amending services provided, or appropriate responses. 15 At the end of the season if a credit balance exists, the City/County Managers will determine whether to refund any excess or carry it over to the 2026-2027 cold weather season. Cold Weather Activation Jefferson County will activate cold weather response utilizing the following temperature/precipitation thresholds when notified by Jefferson County Public Health of a cold weather health alert or advisory. The thresholds will be 72-hour forecasts of overnight low temperatures of: • Health Alert Notification: (extreme weather) 10°F regardless of wind or precipitation • Health Advisory Notification: (severe weather) 32°F or lower with accumulation of anticipated precipitation (snow) greater than one inch over a 24-hour period or with discretion in conditions of concurrent non-accumulating wet precipitation such as rainfall or sleet, or 20°F or lower with or without precipitation. Consideration will be given to wind when issuing a Health Advisory. The Parties agree that discretion to enter a Cold Weather Activation (CWA) is the responsibility of the Cold Weather Activation team, based on forecasts from the National Weather Service. Representatives from Jefferson County Public Health, Jefferson County Human Services, Jefferson County Emergency Management (CWA Team), will convene 72 hours in advance of impending weather to prepare for an activation based on forecast. If a forecast indicates weather conditions extending throughout a week, discretion will be used to make activation decisions by 10 a.m. on the third, fifth, and seventh day of the activation, with relevant updates communicated to the public. Any reason for non-activation or suspension will be documented by the non- activation or suspending party and provided to the other Parties. As individuals with ties to the Cities of Arvada and Westminster may physically be located within these respective jurisdictions but outside of Jefferson County, they may be considered eligible to utilize JeffCo Family Shelter for families with children and Jefferson County hotel program for people unable to stay at congregate shelters as part of this agreement. The parameters for activation of Westminster’s The MAC is determined based on the City of Westminster’s Emergency Shelter Plan managed/operated by the Westminster Fire Department 16 for extreme cold weather events. The activation of The MAC remains solely within the purview and under the City of Westminster’ Emergency Shelter Plan, which is an annex of the City’s Emergency Operations Plan. Activation of the extreme cold weather shelter will take into consideration the Jefferson County CWA and notify them when The MAC activates. Westminster cold weather hotel stays are available during The MAC activating as an extreme weather shelter. They are also available when Adams County Severe Weather Activation Program starts providing additional cold weather hotel rooms when it is forecast to be 10°F or below. Communication of CWA To the extent possible, seventy-two hours prior to declaration of a CWA, Jefferson County will notify the Board of County Commissioners, City Managers, partner municipal and county homelessness response teams, that a CWA will be declared. Broader public facing notification will occur no later than twenty-four (24) hours prior to the CWA and may be communicated through push notifications on the County website, the Heading Home website, social media, email networks, or other formats by Jefferson County Communications. No public-facing notifications, including email or social media, shall be shared prior to the official public notification from Jefferson County Public Affairs Team. Extensions of an ongoing CWA will similarly and officially be posted to the public through Jefferson County Communications. Municipalities will maintain responsibility for activation notifications and public awareness sent through their Communications teams. If severe weather is expected over a weekend or on a Monday holiday, more advanced public notice than 24-hours will be issued when possible. Outreach Outreach strategies refer to coordinating direct engagement with people in unsheltered homelessness to equip them with information to make a plan to access available shelter. Outreach will be coordinated upon declaration of a CWA, from the seventy-two (72)hour lead period and through sheltering operations. Two functions support outreach engagements direct to those experiencing homelessness in the field: homeless/housing navigators and Nonprofit partners, Police Departments directly involved in implementing a CWA. Broader public audiences will 17 receive informational push notifications and media alerts through Jefferson County Public Affairs Team. Homeless Navigation Jefferson County relies on County/City homeless navigators along with outreach teams from Public Health and Jefferson Center to identify people who are unsheltered. Upon declaration, and throughout the 72-hour lead period and course of a CWA, these teams will work together to intentionally connect people in unsheltered homelessness with the necessary information to create a plan to access shelter during the CWA. These efforts may be supported by the Sheriff’s Office, Open Space, local Police Departments, Parks and Recreation, co-responder teams, or others in a first-responder capacity. CWA Transportation During CWA, the Parties agree to transport people to/from shelter to the extent possible given that severe weather conditions may limit travel due to poor driving conditions, closures, and safety concerns. Homeless Navigators, and shelter staff, have access to RTD passes that may be provided to persons needing shelter during CWA. Additionally, Jefferson County manages a Lyft Concierge account that can be utilized during CWA when Lyft is operational. Transportation is not guaranteed during CWA. All participating jurisdictions agree to provide transportation supports to impacted guests to the best of their abilities and agree that in some condition’s transportation options will not be available. Prenotifications using currently defined communication channels is critical to ensure all unhoused individuals have advanced notice of impending weather changes in order to access sheltering options as early as possible. Motel Vouchering During CWA, motel vouchers will be issued to families and singles who meet eligibility criteria. Determinations are based on vulnerability with conditions that limit access to congregate shelter due to health conditions or other qualifying circumstances. Severe weather hotel vouchers can be used to book motel rooms at one of the partnering motels across the county. Motel rooms will be booked on the same day by the issuing agencies. 18 Additional Contribution by Jefferson County - Evergreen Christian Outreach (EChO) Shelter For 2025-2026, Jefferson County has proposed ($200,000) funding for operations of EChO Shelter located in Evergreen, CO. EChO serves as a cold weather shelter every night from October-April with a capacity of 20 individuals per night. EChO services extend beyond cold weather sheltering to ensure guests receive basic needs and case management. Extreme Weather Mobile Shelter Operations Extreme weather mobile shelter operations will be deployed at the discretion of the County Office of Emergency Management (OEM”) through the County’s activation of the Emergency Operations Center through a disaster declaration that activates the County Emergency Management Plan or Emergency Operations Plan and needed annexes. Jefferson County has budgeted $250,000 in 2025-2026 to operate mobile shelters during events of extreme cold weather (forecasts of 10°F or below for at least 48 hours). This funding amount equates to ten days of extreme cold weather but does not guarantee that such tents will be available for deployment as such deployment is dependent upon the discretion of the County OEM. If it is anticipated that the current budgeted funding level will be exhausted, the Parties agree to convene to determine how to fund any additional extreme weather sheltering needs. Absent such County declaration, extreme weather mobile sheltering options can be requested by a Party that is operating under a local disaster declaration and has utilized all other available local resources. Such a Party may complete a Resource Request Order through its local OEM to the County OEM. If the County OEM authorizes the request, costs of such deployment shall be assessed to the requesting Party. Communications Plan for Extreme Weather Mobile Shelter Operations County OEM will, in accordance with the Emergency Operations -Local Coordination Annex Plan, take the lead in coordinating among the Parties communication of the disaster declaration and activation of the County Emergency Management Plan or Emergency Operations Plan and needed annexes. 19 Transportation During Extreme Weather Mobile Shelter Operations County OEM’s activation of the Emergency Operations Center through a disaster declaration will also activate additional transportation resources through the County OEM. ITEM NUMBER: 6 DATE: September 22, 2025 REQUEST FOR CITY COUNCIL ACTION MOTION TITLE: MOTION TO APPROVE APPOINTMENTS TO BOARDS, COMMISSIONS, AND COMMITTEES ☐PUBLIC HEARING ☒BIDS/MOTIONS ☐RESOLUTIONS ☐ORDINANCES FOR 1st READING ☐ORDINANCES FOR 2nd READING QUASI-JUDICIAL ☐YES ☒NO ISSUE: In August of 2025, the resignation of one IDEA Committee member was received, leaving a vacancy on that Committees. There is one nomination and one ratification to make at this meeting. PRIOR ACTION: Members of the City Council appoint members to Boards, Commissions, and Committees annually and as needed throughout the year when vacancies are filled. The Mayor will request the appointment of all Alternate and At-Large positions annually and as needed throughout the year when vacancies are filled as well, and his recommendation will be ratified by council. FINANCIAL IMPACT: None BACKGROUND: Each year, the city advertises for residents who might be interested in volunteering on one of the Boards, Commissions, or Committees. The current vacant position was advertised through a multi-week promotional campaign including the City’s website, social media, email, and newsletters. RECOMMENDED MOTION: Mayor Starker “I nominate Shannon Garcia-Lewis for the At-Large vacant seat on the IDEA Committee, Council Action Form – Board, Commission, and Committee Appointment September 22, 2025 Page 2 term to expire March 2, 2028.” District II Council Member “I move to ratify Mayor Starker’s nomination of Shannon Garcia-Lewis to the At-Large IDEA Committee vacant seat, term to expire March 2, 2028.” REPORT PREPARED/REVIEWED BY: Rhiannon Curry, Executive Assistant Margy Greer, Sr. Deputy City Clerk Patrick Goff, City Manager ATTACHMENTS: 1. 2025 Board, Committee, and Commissions Application Packet 2025 Boards, Commissions, and Committees Appointment Applicant Summary IDEA Committee - Please consider appointing one of the applicants below into an AL Position on the IDEA Committee - Term Ending 03/02/28 Last Name First Name District Notes Application Hyperlink Garcia-Lewis Shannon II sgarcialewis@gmail.com Zeman Ryan III ryan.zeman8@gmail.com ATTACHMENT 1 ITEM NUMBER: 7 DATE: September 22, 2025 REQUEST FOR CITY COUNCIL ACTION RESOLUTION 48-2025 TITLE: A RESOLUTION AMENDING THE FISCAL YEAR 2025 CAPITAL IMPROVEMENT PROGRAM BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $5 MILLION FOR THE PURPOSE OF ISSUING A CONTRACT AMENDMENT IN THE AMOUNT OF $5,374,077.75 FOR CONSTRUCTION OF THE IMPROVE WADSWORTH PROJECT TO CONCRETE WORKS OF COLORADO, INC. ☐PUBLIC HEARING ☐BIDS/MOTIONS ☒RESOLUTIONS ☐ORDINANCES FOR 1st READING ☐ORDINANCES FOR 2nd READING QUASI-JUDICIAL ☐YES ☒NO ISSUE: The Improve Wadsworth project remains on schedule, with completion expected by spring of 2026 and active construction finishing by late 2025. Additional work was added, such as permanent improvements at the 38th Avenue intersection and extending the work to the original southern limits at 35th Avenue. This was announced in the fall of 2023 and will ensure long-term cost savings and benefits. Today, over 90% of the project is complete, including all northbound traffic lanes on concrete pavement. The purpose of this item is to approve a contract amendment with Concrete Works of Colorado for a series of change orders that led to increased costs in the amount of $5,374,077.75. PRIOR ACTION: The city awarded a contract to Concrete Works of Colorado, Inc. (CWC) for Phase I of the Improve Wadsworth project on August 23, 2021. On February 27, 2023, the city approved an amendment for Phase II of the project. The total contract amount for both phases was $48,493,109.11. A construction update was provided to City Council at the October 28, 2024 study session. At that time, additional change orders were estimated at $4.9 million. It was decided at that time to wait to bring back a contract amendment closer to the project Council Action Form – Improve Wadsworth Project Contract Amendment September 22, 2025 Page 2 completion to account for any additional change orders. FINANCIAL IMPACT: Funding is not currently available in the General Fund or Capital Improvement Program (CIP) to fund this entire contract amendment. However, $5 million in funding is available in the 2J Next Chapter Bond budget reserves which will be transferred to the CIP Budget. The Improve Wadsworth project is an eligible expense from 2J Bond funds. Staff had originally anticipated appropriating $12 million of 2J Bond funds through 2030 for annual pavement management. However, those expenses will be diverted back to the CIP starting in 2026 with a transfer of $3 million from General Fund reserves. In addition, the 2J Bond budget includes $21.7 million in funding for the 38th West project between 2025 and 2027. Staff has applied for a $15 million grant for this project which will offset those expenses if awarded. Staff is fairly confident the City will receive at least a portion of this grant award. BACKGROUND: This project includes modernizing and improving Wadsworth Boulevard from 35th Avenue to I-70 with efficient and safe intersection designs, safer entrances and exits for vehicles accessing businesses, a continuous sidewalk on the west, and a bike/pedestrian path on the east side of Wadsworth from 35th Avenue to the Clear Creek Trail. The project will construct efficient intersections at 44th Avenue and 38th Avenue called a continuous flow intersection (CFI). The CFI makes the best use of land for maximum traffic flow, while prioritizing safety. A construction contract was awarded to Concrete Works of Colorado, Inc. in August 2021 which covered work between approximately I-70 and 41st Avenue. It was necessary to scale back the original limits of the project (I-70 to 35th Avenue) due to a lack of funding. Work began in October 2021. In late-2022, the city was notified that an additional $4M in congressionally directed spending would be received for the project. In February 2023, the City Council approved a contract amendment to CWC’s contract to expand the project from 41st Avenue to 35th Avenue, including the CFI at 38th Avenue. Construction has progressed relatively well however a variety of unknown or unexpected items have led to cost overruns, including costs to address: • Removal and disposal of materials from an unidentified dump site at the north end of the project • Groundwater remediation • Asbestos abatement • Irrigation repairs at various sites • Sanitary sewer bypass pumping • Additional underground utility potholing Council Action Form – Improve Wadsworth Project Contract Amendment September 22, 2025 Page 3 • Modifications to the underground storm sewer due to unknown, conflicting utilities • Shear anchors for the retaining wall at the north end of the project • Additional traffic control These items, as well as added quantities due to plan errors, have added approximately $5.4M in costs to the overall construction contract. Financial Implications A summary of anticipated costs and expenditures to date is provided below. Description Anticipated Overrun Approx. Timeframe Notes Contaminated Groundwater $937,582 October 2023 Unforeseen conditions Soundwall $272,700 August 2024 Decision to include formliner and anti-graffiti coating Dispose of Hazmat from Pond Excav $1,017,286 January 2022 Unforeseen conditions; includes landfill expenses and dozer hours to compensate for trucking Removal of Trees $148,640 December 2021 Plans showed 85 removals; project had 244 removals Flagging, TCS & TCI $2,591,039 throughout project Plans underestimated the quantities of these items Removal of wall $211,335 Nov-2021 to May-2024 Many old walls and foundations were hidden underground and encountered during excavations Detour pavement $1,331,590 Aug-2023 to Aug-2024 Plans underestimated quantity; overrun was needed to maintain required number of travel lanes while placing concrete pavement Total: $6,510,172 The current contract with CWC is: Current CWC Contract $48,493,109.11 Anticipated Construction Cost $53,867,186.86 Change Order Needed $5,374,077.75 RECOMMENDATIONS: Staff recommend approval a resolution amending the Fiscal Year 2025 CIP Fund Budget to reflect the approval of a supplemental budget appropriation in the amount of $5 Council Action Form – Improve Wadsworth Project Contract Amendment September 22, 2025 Page 4 million for the purpose of issuing a contract amendment for construction of the Improve Wadsworth project to Concrete Works of Colorado. RECOMMENDED MOTION: “I move to approve Resolution No. 48-2025, a resolution amending the Fiscal Year 2025 Capital Improvement Program Budget to reflect the approval of a supplemental budget appropriation in the amount of $5 million for the purpose of issuing a contract amendment in the amount of $5,374,077.75 for construction of the Improve Wadsworth project to Concrete Works of Colorado, Inc.” Or, “I move to table indefinitely Resolution No. 48-2025, a resolution amending the Fiscal Year 2025 Capital Improvement Program Budget to reflect the approval of a supplemental budget appropriation in the amount of $5 million for the purpose of issuing a contract amendment in the amount of $5,374,077.75 for construction of the Improve Wadsworth project to Concrete Works of Colorado, Inc. for the following reason(s).” REPORT PREPARED/REVIEWED BY: Daniel Martinez, Interim CIP Program Manager Kent Kisselman, Interim Director of Public Works Patrick Goff, City Manager ATTACHMENTS: 1. Resolution 48-2025 2. Contract Amendment CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 48 SERIES OF 2025 TITLE: A RESOLUTION AMENDING THE FISCAL YEAR 2025 CAPITAL IMPROVEMENT PROGRAM BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $5 MILLION FOR THE PURPOSE OF ISSUING A CONTRACT AMENDMENT IN THE AMOUNT OF $5,374,077.75 FOR CONSTRUCTION OF THE IMPROVE WADSWORTH PROJECT TO CONCRETE WORKS OF COLORADO, INC. WHEREAS, the City recognizes the importance of improving city streets and providing multi-modal facilities in various locations to allow for improved and safer mobility; and WHEREAS, Concrete Works of Colorado, Inc. provided a bid to complete the Improve Wadsworth Project Phase I and II, which will provide improved infrastructure along Wadsworth Boulevard; and WHEREAS, Concrete Works of Colorado, Inc. has encountered unforeseen conditions requiring the amendment of their original contract for the Improve Wadsworth Project Phase I and II; and WHEREAS, funds are available in the 2J Next Chapter Bond budget to transfer to the CIP Fund to cover these expenditures; and WHEREAS, the City of Wheat Ridge Charter requires that amendments to the budget be affected by the City Council adopting a resolution. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO THAT: Section 1. A transfer of $5,000,000 is hereby approved from the 2J Next Chapter Bond budget undesignated reserves to account 30-303-800-865 and the 2025 revenues are amended accordingly. Section 2. An amended contract in an amount not to exceed $53,867,186.86, is hereby approved for an agreement with Concrete Works of Colorado, Inc. ATTACHMENT 1 DONE AND RESOLVED this 22nd day of September 2025 [SEAL] ____________________________________ Margy Greer, Sr. Deputy City Clerk Bud Starker, Mayor CITY OF WHEAT RIDGE AMENDMENT TO Contract # ITB-21-04 Wadsworth Improvement Project AMENDMENT #2, Date: September 10, 2025 Pursuant to the original contract with Concrete Works of Colorado, Inc. and 1260 Rock Creek Circle, Lafayette, CO 80026, regarding the Wadsworth Improvement Project, the City hereby authorizes the amendment to the contract as follows: 1.Article 1- Scope of Work: a.The scope of work remains unchanged, with this amendment addressing only additional costs associated with unforeseen items over the course of the contract required to complete the Wadsworth Improvement Project. 2.Article 2- Term a. Project completion date has not changed. 3.Article 3- Compensation: a.Compensation under this amendment is increased by $5,374,077.75 to address unforeseen items necessary to complete the Wadsworth Improvement Project. b.The revised total contract amount shall not exceed $53,867,186.86 Each party has reviewed the items contained within this contract and recommend executing this contract to proceed with the agreed upon Statement of Work. ______________________________________ __________ Kelsey Carter, Procurement Coordinator Date Signed ______________________________________ __________ Kent Kisselman, Interim Director of Public Works Date Signed In Witness whereof, the parties hereto have executed or caused to be executed by their duly authorized officials, this Amendment in two (2) copies, each of which shall be deemed an original on the date first written. “CITY” “CONTRACTOR” City of Wheat Ridge Concrete Works of Colorado, inc. 7500 West 29th Avenue 1260 Rock creek Circle Wheat Ridge, CO 80033 Lafayette, CO 80026 By: By: ________________________________ ___________________________ Patrick Goff, City Manager Authorized Signature ________________________________ ___________________________ Date Date ___________________________ Title ___________________________ Print or Type Name ATTACHMENT 2 ITEM NUMBER: 8 DATE: September 22, 2025 REQUEST FOR CITY COUNCIL ACTION RESOLUTION NO. 49-2025 TITLE: A RESOLUTION OF SUPPORT FOR AN APPLICATION TO THE COLORADO PARKS AND WILDLIFE NON-MOTORIZED TRAILS GRANT PROGRAM ☐PUBLIC HEARING ☐BIDS/MOTIONS ☒RESOLUTIONS ☐ORDINANCES FOR 1st READING ☐ORDINANCES FOR 2nd READING QUASI-JUDICIAL ☐YES ☒NO ISSUE: The Parks and Recreation Department is applying for a Colorado Parks and Wildlife (CPW) Non-Motorized Trails grant for funding to install wayfinding and safety signage along the Clear Creek Trail and throughout the Wheat Ridge Greenbelt network. A resolution of support is required from City Council to apply for this grant. PRIOR ACTION: There has been no prior action taken by Council on this issue. FINANCIAL IMPACT: The estimated total cost for this project is approximately $90,000 in 2026. The City has previously secured approximately $45,000 in grant funds from Jefferson County Open Space for this project. The Parks and Recreation Department planned on providing the remaining $45,000 in project costs from the Open Space Special Fund. If Council passes this Resolution and the grant application is awarded the requested $45,000 in funding, this entire project could be completed with minimal city funds. The City has budgeted the full project cost in 2026 in the Open Space special fund and would be reimbursed after the project by both Jefferson County and CPW (if this application is awarded funding). BACKGROUND: In 2022, the City was awarded 50% project grant funds (up to about $45,000) to install wayfinding and safety signage along Clear Creek Trail from Jefferson County Open Space. This grant application to CPW would cover all, or at least most, of the city’s Council Action Form – Resolution Supporting CPW Non-Motorized Trails Grant September 22, 2025 Page 2 contributions towards installing these wayfinding and safety signs. Since 2022, the City, Jefferson County, and other trail-managing agencies have been collaborating on a consistent, trail-long wayfinding signage system. That planning work is nearing completion with signs hopefully being installed in 2026. Wayfinding signage, trail safety, and the trail user experience were key takeaways from the 2023 Open Space Management Plan. Wayfinding signs will include directions and distances to parks, schools, business districts, and trail connections. Safety signage will include making users aware of upcoming intersections, sight obstructions, speed limits, areas for potential ice buildup, and busy areas such as parks. RECOMMENDATIONS: Staff recommend passing this Resolution to make a Colorado Parks and Wildlife funding application eligible for State consideration. An alternative is to not apply for this funding and continue with the city contributing 50% of the project cost. RECOMMENDED MOTION: “I move to approve Resolution 49-2025, a resolution of support for an application to the Colorado Parks and Wildlife Non-Motorized Trails Grant program.” Or, “I move to postpone indefinitely Resolution 49-2025, a resolution of support for an application to the Colorado Parks and Wildlife Non-Motorized Trails Grant program for the following reason(s).” REPORT PREPARED/REVIEWED BY: Brandon Altenburg, Grant and Special Project Administrator Karen O’Donnell, Parks and Recreation Director Patrick Goff, City Manager ATTACHMENTS: 1. Resolution 49-2025 CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 49 SERIES OF 2025 TITLE: A RESOLUTION OF SUPPORT FOR AN APPLICATION TO THE COLORADO PARKS AND WILDLIFE NON-MOTORIZED TRAILS GRANT PROGRAM WHEREAS, the City of Wheat Ridge, Colorado (the “City”) is interested in maintaining and improving Clear Creek Trail access, safety, connectivity, and the user experience; and WHEREAS, improving wayfinding signage and trail safety were key takeaways from the public engagement phase of the 2023 Open Space Management Plan; and WHEREAS, the Colorado Parks and Wildlife Non-Motorized Trails Grant Program exists as a potential funding partner for trail-related projects; and WHEREAS, the City desires to submit an application to this program to request funds to install wayfinding and safety signage along the Clear Creek Trail; and WHEREAS, City Council supports a funding application to the Colorado Parks and Wildlife Non-Motorized Trails Grant Program to request $45,000 in funding for this project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO THAT: Section 1. The Mayor or the City Manager of the City or any other member of the City Council and all appropriate City officers are hereby authorized and directed to execute and deliver and the City Clerk is hereby authorized and directed to attest and deliver such other agreements and certificates and to take such other actions as may be necessary or convenient to carry out and give effect to the Assignment and this Resolution. Section 2. Nothing contained in this Resolution, or the Assignment shall constitute a debt, indebtedness, or multiple-fiscal year direct or indirect debt or other financial obligation of the City within the meaning of the Constitution or statutes of the State or the home rule charter of any political subdivision thereof, nor give rise to a pecuniary liability of the City or a charge against its general credit or taxing powers. Section 3. If any section, paragraph, clause, or provision of this Resolution shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of any such section, paragraph, clause, or provision shall not affect any of the remaining provisions of this Resolution. Section 4. This Resolution shall be in full force and effect upon its passage and approval. DONE AND RESOLVED this 22nd day of September 2025 [SEAL] ATTEST: Margy Greer, Sr. Deputy City Clerk Bud Starker, Mayor