CITY OF BRIGHTON REGULAR MEETING OF THE BOARD OF ADJUSTMENT AGENDA July 9, 2020 Meeting is to be held virtually at https://brightonco.cc/38m0Hwp To join by telephone (for higher quality, dial a number based on your current location): 1-669-900-9128, 1-253-215-8782, 1-346-248-7799, 1-646-558-8656, 1-301-715-8592, 1-312-626-6799 Webinar ID: 849 4346 5666

Chairman: Chris Maslanik Ward III Vice-Chair: Fidel Balderas At Large Commissioners: Oliver Shaw Ward I William Leck Ward IV Vacant Ward II Liane Wahl Alternate John Morse Alternate Giana Rocha Youth Stephen Colvin Youth

ATTENTION TO ALL ATTENDING PUBLIC HEARING Please leave all cell phones out of the Commission Chambers or make sure that they are turned off before entering. Thank You! Por favor apage todos telefonos de celular y aparatos de busca personas antes de entrar al concejo municipal. Muchas Gracias!

I. Call to Order immediately following the Planning Commission meeting

II. Pledge of Allegiance

III. Roll Call

IV. Minutes from the October 10, 2019 BOA meeting will be presented for approval

V. Public invited to be heard on items not on the agenda

VI. Agenda Items 1. Variance request for water tower at 4204 Crestone Peak Street: Nick Di Mario presenting

VII. Old Business

VIII. New Business

IX. Reports

X. Adjournment

CITY OF BRIGHTON BOARD OF ADJUSTMENT MINUTES October 10, 2019

I. CALL TO ORDER

Chairman Maslanik called the meeting to order at 7:57 p.m.

II. ROLL CALL

Roll call was taken with the following Commissioners in attendance: Chris Maslanik, Oliver Shaw, Fidel Balderas and Rex Bell. Youth Commissioner Giana Rocha was also present. Steve Ginevan and William Leck were excused as absent.

STAFF PRESENT: Jason Bradford, Planning Manager; Sean Pesek, Assistant Planner; Jack Bajorek, City Attorney; Lane Zorich, Acting Commission Secretary.

III. MINUTES OF PREVIOUS MEETINGS

Minutes from the June 27, 2019 regular Board of Adjustment meeting were approved as presented.

Motion by Commissioner Shaw Second by Commissioner Bell

Voting Aye: All Present Motion passes: 4-0

IV. PUBLIC INVITED TO BE HEARD ON ITEMS NOT ON THE AGENDA

None present

V. PUBLIC HEARING ITEMS

1. Variance request for the Solaire Apartments LLC pool shed: Sean Pesek presenting

Chair invited Staff to present, summarized:

Mr. Pesek introduces the Applicant as Brandon Tinker from Spire Design.

Mr. Pesek presented on the variance for the pool shed, noting that the expansion of the pool shed encroaches 1.5 feet into the required 25-foot separation between accessory structure and primary structure. He concluded with the following: there is no detriment to the community, no exceptional physical hardship, the request is nominal, the use is acceptable, and not all the criteria is met for an unnecessary hardship. Staff recommended denial.

Board of Adjustment Minutes October 10, 2019 Chair called for questions to Staff from the Board, summarized:

Mr. Bell asks for clarification in regards to the issue being that Solaire began constructing without receiving approval through a permit.

Mr. Pesek responds that he is correct in his understanding.

Mr. Shaw asks if the permits were denied.

Mr. Pesek responds that two separate permits were applied for and neither were approved because the Applicant did not submit a proper site plan showing that the expansion met the code.

Chairman Maslanik asks if the first permit was submitted in October of 2018.

Mr. Pesek confirms that it was around that time.

Mr. Tinker takes the podium to discuss the delay between the two permits. He explains that they were waiting on a site plan and some confusion happened on behalf of the developer.

Chairman Maslanik asks if Mr. Tinker if he will be presenting anything.

Mr. Tinker responds that he will not.

Chairman Maslanik called for questions from the Board to the Applicant, summarized:

Mr. Shaw asks if the pool shed needs to be that large.

Mr. Tinker responds that the pool filters are large and cannot be any smaller.

Chairman Maslanik asks if the pumps can be moved elsewhere.

Mr. Tinkers responds that Solaire looked into other locations on the property but it cannot be accommodated anywhere else.

Chairman Maslanik closed the questions at 8:12 pm

Secretary Zorich read the resolution.

Mr. Bell expressed his admiration for Solaire’s work in Brighton and thanked them for helping the City. He further explained that Solaire has put the City in a difficult position. He is angry they went ahead and built the expansion without approval. Mr. Bell notes that the law is meant to be ruled on without prejudice, therefore, he has been moved negatively on the matter.

Mr. Balderas asks for clarification on voting yes versus no.

Mr. Bajorek clarifies that the resolution is a motion for denial of the variance on grounds of no physical hardship being present.

Mr. Balderas notes that a variance sets precedence.

Board of Adjustment Minutes October 10, 2019 Mr. Shaw asks the applicant if the variance is a true hardship or really a cost problem.

Mr. Tinker responds that it is a cost problem.

Mr. Shaw explains that it is not a true hardship then.

Chairman Maslanik exclaims that the hardship presented states that noise limits the ability to rent adjacent units. He asks the applicant if this has always been an issue.

Mr. Tinker responds that it causes multiple issues including loss of energy and accelerated equipment deterioration due to storing the pumps outside.

Chairman Maslanik responds that the Board is disappointed in Solaire’s decisions.

Mr. Tinker responds that there was also an initial issue with the City not being able to find the shed on any of the site plans on file for the site. He continues that once that was resolved, someone on the construction team got confused and began building the expansion because they thought the Building Department had approved the permit already.

Chairman Maslanik asks for clarification on the applicant’s claim that the Building Department already issued approval.

Mr. Tinker responds that the confusion came from the zoning review not being approved while the building review was approved.

Chairman Maslanik asks Mr. Pesek to respond.

Mr. Pesek discusses that the originally permit was submitted before he came to the City but with the 2nd permit, the applicant submitted a site plan that show the distance between the buildings was 25 ft. and the permit technician asked for further proof of this setback. The applicant then submitted a survey which showed that it did not meet the 25 ft. setback which is why the permit was then denied.

Chairman Maslanik asks the applicant how the setback was originally measured for the permit.

Mr. Tinker responds that the contractor measured it himself with a tape measurer because the City could not find the building on any of the original site plans.

Chairman. Maslanik asks Mr. Bradford for any details that are being missed because he feels there are some gaps in the story.

Mr. Bradford explains that the original Final Development Plan for Solaire did not include the pool shed so when the expansion was applied for, Planning Staff was not aware of the pool shed being on site because it was not on any plans they had available. He continues that staff was able to locate the pool shed through a Building Permit, however, the permit would not have gone through the planning process which is why planning staff could not originally locate it. His understanding was that the original denial of the permit in October was just looking for more information. He continues that when the permit that came in May, staff found that the setback would be very close so they requested the survey to be completed.

Chairman Maslanik asks the Applicant if that is accurate. Board of Adjustment Minutes October 10, 2019 Mr. Tinker confirms.

Chairman Maslanik asks for clarification on the construction manager who overzealously began building the expansion.

Mr. Tinker explains that he received an email that the Building review had been approved so he thought that meant he could start construction.

Chairman Maslanik questions that he received an email that the Building review had been approved.

Mr. Tinker exclaims that it was either through email or a phone call, he isn’t sure.

Mr. Bajorek interjects that this would have been the building and safety code review, not the full permit. He further says that it seems like the construction manager then assumed the permit had been approved when in fact it was not.

Mr. Tinker agrees with Mr. Bajorek’s understanding.

Chairman Maslanik expresses his unhappiness that construction began without approval but understands the circumstances of miscommunications. He notes that the variance is only a foot and a half and Solaire has been a valued part of the community.

Mr. Bell acknowledges that there was a misunderstanding and compliments the Applicant and his representation.

Mr. Shaw states that it is not a hardship case, it is financial, and so the applicant needs to rewrite his case.

Chairman Maslanik claims that he has seen worse things as the Chairman of the Board. He understands that mistakes happen

Mr. Shaw asks for clarification on the site plan and the previous floor plan.

Mr. Tinker responds that the pumps on the pool shed have always been there.

Chairman Maslanik makes a motion to approve the variance. No second.

Mr. Shaw expresses his concern about why they started building without a permit.

Mr. Tinker reiterates the miscommunication.

Mr. Balderas asks for clarification on the building and the setbacks for the concrete slab.

Mr. Bell asks about the motion.

Mr. Balderas asks for clarification on the motion versus the language of the resolution.

Mr. Bajorek exclaims that since there was no second the motion failed and the resolution is for denial of the variance.

Board of Adjustment Minutes October 10, 2019

Motion for Denial by Commissioner Bell Second by Commissioner Shaw

Voting Aye: Shaw, Bell, Balderas Voting Nay: Maslanik Motion passes: 3-1

VI. OLD BUSINESS:

Chairman Maslanik discusses getting City emails for the Commissioners.

VII. NEW BUSINESS:

Chairman Maslanik introduces Lane Zorich as the Acting Commission Secretary.

Chairman Maslanik discusses the new Youth Commissioner who will be joining the next commission meeting.

VIII. REPORTS

n/a

IX. ADJOURNMENT

Motion to adjourn at 8:49 p.m.

Motion by Commissioner Shaw Second by Commissioner Balderas

Voting Aye: All Present Motion passes: 4-0 FINDINGS OF FACT MEMORANDUM COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION

TO THE BOARD OF ADJUSTMENT (BOA) MEMBERS:

Date Prepared: May 29, 2020

Date of Hearing: July 9, 2020

Prepared by: Nick Di Mario, Planning Technician

Reviewed by: Jason Bradford, AICP, Planning Division Manager

Subject: 4204 Crestone Peak St – Variance Request

Request: Review and make a decision regarding the application request for a height variance of the allowed water tank on the property known as 4204 Crestone Peak Street. The variance request requires review and approval by the Board of Adjustment by Findings and Determination.

APPLICATION SUMMARY:

Current Owner: City of Brighton Applicant(s): City of Brighton Attn: Matthew Amidei, Utility Project Engineer Legal Description: Brighton Crossing Filing No. 4, Tract A, City of Brighton, County of Adams, State of Colorado. Existing Zone District: Bromley Park PUD Amendment 8 Surrounding Zoning: North: Bromley Park PUD Amendments 3 and 2, I-1 East: Bromley Park PUD Amendment 6 South: Bromley Park PUD Amendment 2, Open Space West: Pheasant Ridge Planned PUD Surrounding Use: North: Low Density Residential, Commercial, Industrial East: Low Density Residential South: High Density Residential West: Single-Family Residential Existing Use: Public Lands Proposed Future Use: Public Lands Comprehensive Plan: Public Lands 4204 Crestone Peak Street Variance Request Page 2

RELEVANT INFORMATION The applicant, City of Brighton, has identified the subject property as suitable for an additional, 150’ tall water tower. If constructed, this would be the second water tower on the property. The existing use of the property, Bromley Park PUD Amendment 8, would not be changed. In accordance with the 8th Amendment of the Bromley Park PUD, the parcel falls under land use regulations of the Public Lands (PL) zone district per the Land Use and Development Code. If granted, the variance request would allow for a 150’ tall water tower, which is a 90’ variance from the 60’ tall building height regulation for public lands. If the variance is granted, the proposed water tower must go through the City’s standard building permit process.

ANALYSIS Variances are a process to provide relief from a strict interpretation of the standards of this code, which when applied to a particular property and in a specific context would create practical difficulties or unnecessary hardship on all reasonable use of the property. This application shall only apply to the design, dimension and other site development standards of this code and shall not be used to authorize a use that is prohibited by the applicable zoning district. Variances may be initiated by the property owner.

A variance shall be reviewed and approved only on the finding that all of the following conditions are met:

1. The requested variance arises from exceptional physical conditions that are unique to the subject property, that are not ordinarily found in the same zoning district, and that are not created by the property owner or those acting on behalf of the property owner; 2. The strict application of the provisions of the zoning regulations for which the variance is requested will constitute an unnecessary hardship upon the property owner, hindering the ability to legally use or construct upon the property. Economic considerations alone shall not constitute an unnecessary hardship if a reasonable use for the property exists under the standards of this code; 3. The granting of the variance will not adversely affect the rights of adjacent property owners or residents; 4. The variance desired will not adversely affect the public health, safety, or general welfare; and 5. Granting the variance would not alter the essential character of the surrounding neighborhood, and the general spirit of the ordinance and intent of the standards will be maintained.

The first consideration of a hardship analysis is whether the request arises from exceptional physical conditions unique to the property and that are not created by the property owner or those acting on behalf of the property owner. Located in the High Zone, the tallest point within the City, the property experiences variable topographic tendencies. While taller than the existing 135’ tall water tower, the difference in elevation will result in the two being roughly the same height. In order for water pressure to remain at a consistent level, the existing and proposed water towers must maintain the same water levels internally.

The second consideration is whether the current zoning will constitute an unnecessary hardship

4204 Crestone Peak Street Variance Request Page 3 upon the property owner, hindering the ability to legally use or construct upon the property. While the code allows a 60’ maximum height for buildings on public land, this would not be sufficient in order to provide an adequate and reliable water source to the City of Brighton. If conformed to the City of Brighton’s current Land Use and Development Code, the new water tower would be 75’ shorter than the existing, hindering its ability to deliver water.

The third consideration is whether the granting of the variance will adversely affect the rights of adjacent property owners or residents. If granted, there will be no adverse effect to the rights of adjacent property owners or residents. While pursing the approval of a variance, the proposed water tower will comply with setback requirements, use standards, and will not result in the expansion of its respective parcel.

The fourth consideration is whether the variance desired will adversely affect the public health, safety, or general welfare. The majority of development in the five year growth period (2016-2021) is located within the High Zone. Data has proved there is approximately 3.92MGD (million gallons per day) added to the High Zone during maximum day demand. This increased demand adds a significant impact to the storage requirement set forth by AWWA.

The last consideration is whether the granted variance would not alter the essential character of the surrounding neighborhood, and the general spirit of the ordinance and intent of the standards will be maintained. With the presence of existing water tanks, the site was always intended to serve and provide utilities. Vacant land to the south has yet to begin any residential development and existing neighbors settled in the area with knowledge of the public land zoning.

PUBLIC COMMENT Notice of the public hearing will be posted on the property on June 24, 2020. Notification will also be provided via City of Brighton website on June 24, 2020. Written notice was mailed on June 24, 2020 to all property owners within 1,000’.

STAFF FINDINGS Overall, staff finds it a necessity to construct the proposed 150’ tall water tower. Access to reliable water sources will continue to be one of the most important land use related issue within the City of Brighton. With almost two years left in the five year projected growth period, the City will continue to develop creating higher demand for Brighton’s residents and those to come. If the variance is denied, the City will not be able to build a water tower that is adequate to the needs of its residents.

OPTIONS FOR BOARD OF ADJUSTMENT CONSIDERATION  Approve the request for the variance;  Deny the variance request;  Approve a modified variation of the request; or  Take the request under advisement for up to thirty (30) days and then render a decision.

4204 Crestone Peak Street Variance Request Page 4

ATTACHMENTS  Findings and Determination (Draft)  Aerial Map  Applicant’s Submission Packet (including site plan)  1,000’ Mailing Radius Property Owner Addresses  1,000’ Mailing Radius Buffer Map  Affidavit of Posting  Bromley Park PUD 8th Amendment

CITY OF BRIGHTON, COLORADO BOARD OF ADJUSTMENT (BOA)

______

FINDINGS, DETERMINATION AND ORDER RE: VARIANCE REQUEST ______

IN THE MATTER OF THE APPLICATION BY MATT AMIDEI, CITY OF BRIGHTON, REGARDING A CERTAIN REQUEST FOR A VARIANCE FROM THE ALLOWABLE BUILDING HEIGHT REGULATION OF THE PL (PUBLIC LANDS) DESIGNATION BY THE 8TH AMENDMENT OF THE BROMLEY PARK PLANNED UNIT DEVELOPMENT AND LAND USE AND DEVELOPMENT CODE.

______

THIS MATTER came before the Board upon the Application of Matt Amidei, City of Brighton, (the “Applicant”); and

The matter concerns that a certain request for a variance as more particularly shown in Exhibit “A” attached hereto and by this reference made a part hereof (the “Application”), requesting a variance from the City of Brighton Land Use and Development Code (the “Code”), for that certain proposal known as the 4204 Crestone Peak St. Variance Request (the “Project”) to be located at Brighton Crossing Filing No. 4, Tract A, City of Brighton, County of Adams, State of Colorado. (the “Property”); and the Board having reviewed the Application; having held a public hearing to receive testimony and evidence from the Applicant and interested parties, including the public at large; and the Board being otherwise fully advised;

THE BOARD FINDS THAT:

1. On July 9, 2020, a public hearing was held by the Board in order to consider the Application, at which time the Applicant appeared before the Board and presented testimony and evidence in support of the Application. The Board received all relevant testimony and evidence, including public comment, and the matter was carefully reviewed and acted upon by the Board, pursuant to the Land Use and Development Code.

2. The Board finds that the Applicant’s request, as set forth in the Application, is requesting a 90-foot variance from the building height regulation of 60 feet to allow for a total of 150- foot tall structure on the property.

3. The Board finds that the Applicant’s proposed plan and use of the Property for public lands with an additional water tower is permitted as an allowed use under the PL (Public Lands) zone district regulations for the Property. Furthermore, the Board finds that such use of 643 S. 2nd Avenue Variance BOA Order and Findings

the property is the general right of the property owner as designated in the Code as a use- by-right. The Board finds that the Applicant provided testimony, evidence, and further explanation in support of the variance requests at the hearing.

4. The Board finds that the applicant is making a reasonable request to develop the property with a water tower in addition to two already existing water tanks and one existing water tower. It also finds that, while the PL zone district regulations do limit the building height to 60’ tall (maximum), that the Property has an existing water tower exceeding current height regulation, creating a need to develop the proposed to the same height for utility delivery and efficiency purposes. Therefore, the application of the standard building height regulation on the property creates an undue hardship for development of the property and does not follow the intent for the public lands zoning district. As such, the Board finds that the Applicant’s request is in the nature of a “Variance,” as that term is defined by the City’s Land Use and Development Code.

5. The Board finds generally that the Applicant’s requests for additional height allowance for building height on the Property is substantially in harmony with the purpose and intent of the Zoning Ordinance and Comprehensive Land Use Plan of the City of Brighton; substantially complies with the purpose and intent of the Land Use and Development Code; and is generally in accord with the public intent and most appropriate development of the neighborhood, subject to approval of any necessary building permits and the construction in accordance therewith.

6. Therefore, the following Variance is granted: a 90-foot variance to allow for a 150-foot tall water tower as opposed to the 60-foot building height regulation of the PL (Public Lands) zoning district.

THE BOARD THEREFORE ORDERS AS FOLLOWS:

1. That the request for the Variance as set forth in the Application, is hereby APPROVED, and that such approval does not adversely affect the public health, safety and welfare.

2. The Applicant shall obtain any necessary City Building Permits and approval of the new structure according to all applicable guidelines and regulations prior to commencing any construction on the Property. The Applicant shall otherwise conduct all activities on the Property in accordance with such Permits, and shall obtain, maintain and fully comply with any and all other Permits, licenses or approvals, such as may be required for the Applicant’s contemplated activities on the Property. Failure by the Applicant to obtain, maintain or comply with any such permit or required approval shall result in the immediate termination and revocation of this Order.

3. These written Findings and the Board’s Determination shall become a permanent and substantive part of the Official Minutes of the Board of Adjustment, and shall be incorporated therein by this reference as of the date of the above-referenced public hearing. A copy of these Findings and Determination shall be delivered to the Applicant in

Page 2 of 4 643 S. 2nd Avenue Variance BOA Order and Findings

accordance with Zoning Regulations, Sections II.H. and V.N of the Land Use and Development Regulations and Guidelines.

DATED this 9th day of July, 2020.

ATTEST: BOARD OF ADJUSTMENT:

______Kate Lesser, Secretary Chris Maslanik, Chairman

Page 3 of 4

Exhibit “A”

Maximum Proposed Variance (Difference) Building Height Regulation 60 ft. 150 ft. 90 ft.

Page 4 of 4 Water Tower Height Variance 4204 Crestone Peak Street

Brid ge Stre e t

Re ce ntly Built & Und e r SUBJECT Cons truction PRO PERTY Hom e s

Re ce ntly Built Hom e s S. 45th Ave nue

S. 40th Ave nue

Southe rn Stre e t Fe e t 0 650 1,300 µ

Proje ct: Wa te r Towe r He ight Va ria nce - 4204 Cre s tone Pe a k Stre e t Applica nt: Ma tt Am id e i (Utilitie s De pa rtm e nt) City Sta ff Re pre s e nta tive : Nick Di Ma rio, Prope rty O wne r: City of Brighton Com m unity De ve lopm e nt De pa rtm e nt Zone Districts Future Land Use High De ns ity Me d ium Re s id e ntia l De ns ity Pa rks & Brom le y Pa rk The m a p or d igita l prod uct Re s id e ntia l O pe n Spa ce I-1 PUD Am e nd m e nt 3 cre a te d or d is pla ye d wa s Low De ns ity Ad a m s com pile d from a va rie ty of Re s id e ntia l C-O County city, county, s ta te a nd A-1 Em ploym e nt - fe d e ra l m a ps , re cord s , Com m e rica l a nd s urve ys a t va rious s ca le s , a ccura cy, tim e line s s , a nd Brom le y Pa rk PUD Brom le y com ple te ne s s .The City High De ns ity Re s id e ntia l Am e nd m e nt 13 Pa rk of Brighton ha s Com m e rcia l SUBJECT PUD m a d e e ve ry e ffort to e ns ure the a ccura cy of PRO PERTY Am d . the m a p or d igita l 16 prod uct; howe ve r, d ue SUBJECT Brom le y Pa rk Brom le y to the m a tte rs be yond PRO PERTY its control, the City d oe s PUD Am d . 8 Pa rk Pa rks & not gua ra nte e the O pe n Spa ce Phe a s a nt PUD a ccura cy of the m a p or Rid ge Am d s . d igita l prod uct a nd 4 & 6 a s s um e s no lia bility for PUD us e , re lia nce or m is us e Public of the m a p or d igita l La nd Brom le y Pa rk PUD prod uct. The City of Low De ns ity Am e nd m e nt 2 Brighton s ha ll not be he ld lia ble for a ny d ire ct or Re s id e ntia l ind ire ct d a m a ge , los s , or lia bility a s a re s ult of us ing the s e m a ps or d igita l prod ucts . For m ore inform a tion a bout the d igita l m a p a nd GIS d a ta Pa rks & Mixe d -Us e KMART DISTRIBUTIO N CENTER PUD RE O S ple a s e conta ct the City of O pe n Spa ce Em ploym e nt - Com m e rica l Re s id e ntia l Brighton’s GIS Divis ion. Variance City of Brighton 500 S. 4th Ave. | Brighton, CO 80601 P: 303-655-2059 | E: [email protected]

Project Overview #364964

Project Title: City of Brighton High Zone 2MG Elevated Water Jurisdiction: Brighton Tank Application Type: Variance State: CO Workflow: Standard Workflow County: Adams Project Address: 4204 CRESTONE PEAK ST, BRIGHTON, CO Parcel(s): 0156910212001 80601 Acres: 18.44 Land Section(s): 10 Township(s): 1S Range(s): 66W Current Zoning: PL Public Land County: Adams County City Limits: Yes

Project Contacts

Owner Agent/Applicant Matt Amidei Matt Amidei City of Brighton City of Brighton 500 S. 4th Ave. 500 S. 4th Ave. Brighton, CO 80601 Brighton, CO 80601 P:303-655-2177 P:303-655-2177 [email protected] [email protected] Billing Contact: Owner How many sections of the Code do you wish to adjust?: 1

Created with idtPlans Review City of Brighton High Zone 2MG Elevated Water Tank Page 1 of 1 6/2/20 To: Michael Woodruff, Director of Infrastructure

Prepared By: Roy Gallea, Utilities Engineer

Date Prepared: November 30, 2018

PURPOSE The purpose of this memo is to justify why the design of the 2.0MG Elevated Tank at the South Storage should proceed in the 2019 fiscal year.

BACKGROUND/HISTORY The City undertook the Water Master Plan in 2015 and completed it with a presentation to Council in spring of 2017. This Master Plan covered multiple items including Treatment, Storage, Pumping, Water Supply, and Distribution. The Utilities department worked with the Community Development department to determine future growth in the City and a map was created in collaboration that shows where and when developments were to occur. This collaboration was the best estimate at the time on when developments would be built. We used the criteria of 0 to 5 years (2016-2021), 5 to 10 years (2021-2026), and beyond 10 years (beyond 2026). This map has been attached to this memo for clarity.

The final report delivered to the City called for the new 2.0MG High Zone Hydropillar tank to be constructed beyond 5 years to handle future development. I believe this was in error and that the new 2.0MG High Zone Hydropillar tank should be designed this year and construction in year 2020. The following will describe the reasons behind the priority to accomplish this project now.

While the Master Plan consultant utilized the Community Development department to obtain the future growth of the City, they neglected to analyze the 0 to 5 year data more closely, particularly in the High Zone. As can be seen on the attached map, the majority of development in the 5 year projected growth period (2016 to 2021) is located in the High Zone (most of which is currently under construction or in the DRC process). When looking at this data, between the years 2016 and 2021, there is approximately 3.92MGD added to the high zone during maximum day demand. (The calculation of added demand was completed utilizing the same equations as set forth in Technical Memorandum #5 of the Water Master Plan completed by Mott Mcdonald). This increased demand adds a significant impact to the storage requirements set forth by AWWA.

AWWA Manual M32 (Computer Modeling of Water Distribution Systems) specifies the following when considering storage volumes: 1. Equalization Storage. Equalization storage is the amount of water required to meet demands in excess of the production and delivery capabilities. This storage is generally less expensive to provide than the production facilities, pumping, and piping that are required to meet all instantaneous demands. The amount of equalization storage maintained by a community should be determined based on a comparison of the production capabilities versus the demands expected on the system. In most communities, this is based on the maximum day condition and ensuring that the equalization storage is sufficient to meet the demands that exceed the production capabilities. For large systems, the equalizing storage requirement is typically 15 to 20 percent of the total maximum day demand over a 24-hour period, but equalizing storage could exceed 30 percent for small service areas or arid climates. For our system, during the previous Master Plan effort, it was determined that 20 percent of the Maximum Day Demand should be utilized. 2. Fire Storage. The fire protection needs of a community typically are determined by the Insurance Service Office (ISO) in the United States. Our fire department was brought in for consultation to determine what fire flow requirements were needed in the High Zone. It was determined that 3,000gpm for 3 hours or 0.54MG is required to meet the highest fire flow demand in the High Zone. 3. Emergency Storage. Emergency storage provides water during events such as pipeline failure, equipment failure, power outages, pumping system failures, water treatment plant failures, raw water contamination events, or natural disasters. This volume is subject to how much water the City believes should be available to customers during an emergency. During the previous Master Plan effort, it was determined that 30% of the Maximum Day demand should be reserved for emergency storage but could reside in the ground storage tanks.

With these factors, the next step was to determine how much storage would be needed to be online before the 5 year project growth period (2016 to 2021) developments were completed. The following calculations provided the Operational and Fire Flow Storage volumes:

1. Maximum Day Demand x 20% = operational storage necessary in the High Zone. 2. 3,000 gpm x 3 hours = fire flow storage necessary in the High Zone.

The Current Maximum Day demand as seen on SCADA from the treatment plant for the High Zone in 2016 was 3.7MG.

The calculation of new developments completed by 2021 is 3.92MG.

So Operational Storage necessary in the High Zone is = (3.7MG + 3.92MG) x 20% = 1.52MG And Fire Flow storage in the High Zone was = 3,000gpm x 3 hours = 0.54MG Total storage volume in the high zone = 2.06MG

The City currently has a 0.5MG elevated tank which means that in order to satisfy the AWWA requirements, the City needs to install at least a 1.5MG elevated tank. However, to prevent needing to install more storage in the near future, it is the recommendation of Staff to round that 1.5MG figure to 2.0MG as the final solution which was recommended in the Water Master Plan for the South Tank Site.

Once beyond 10 years developments are completed, the City will need to install a 1.0MG tank at the North Tank site. However, Staff will continue to keep an eye on developments coming into the High Zone to make sure if this tank needs to be moved up the priority list that it isn’t a surprise for the City.

FINANCIAL IMPACT The bids that came in for the design of the new 2.0MG Elevated tank ranged from $78,481 to $198,400 for design. Staff can work with Procurement to determine if the bids given are still valid, and if so, evaluate the proposals and could be ready to go to council as soon as possible. It was estimated in the Water Master Plan that construction of this tank would be $6,000,000.00 but will be updated as design progresses.

P:\Utilities\Utility Engineering\Projects\High Zone Tank Design\Design\RFP and Selection\Justification memo\Memo - 2.0MG Elevated Tank as South Storage.doc

  

 
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Part oftheNorthwestQuarterSection10,Township1South,Range66WestSixthPrincipalMeridian,CityBrighton,CountyAdams,StateColorado TOPOGRAPHIC SURVEY 1. UTILITY NOTES Professional LandSurveyor Michael J.Bogina 1. 1. (See TitleBlockforsealandsignature) information andbelief,isinaccordancewithapplicable standardsofpractice.Thisstatementisnot GENERAL NOTES Colorado RegistrationNumber: 38632 On behalfofOlsson, a guarantyorwarranty,eitherexpressedimplied. SURVEYOR CERTIFICATE SURVEYOR'S NOTES 3. This surveywasperformedbymeorundermyresponsible charge,isbaseduponmyknowledge, 2. 2. 4. 13-80-105) -Youmustcommenceanylegalactionbasedupondefectinthissurveywithin NOTICE: Right-of-Ways, vacations,courtdecreesorotherencumbrancesaffectthisproperty,theirexistence LIMITED SCOPEOFRESPONSIBILITYSTATEMENT: Units shownareU.S.SurveyFeet,grounddistances,scaledfromStatePlanecoordinatesusinga Plane CoordinateSystem,NorthZone,NAD83. From saidpointNo.100,101bearsNorth89°23'23"Westagrounddistanceof298.05 BASELINE OFSURVEY in thissurveybecommencedmorethantenyearsfromthedateofcertificationshownhereon. is unknowntothissurveyorandthereforenotshown.Noinformationhasbeenprovidedthe underground sprinklerlines,etc.,ifwhenconstructed,nomethodsofabove-grounddetection poles inaparkinglot;lengthyundergroundservicelinesthroughlargeprivatefacility; markings createdbyothers.Inthecaseof,forexample,undergroundpowerlinesservinglight information tobeconstruedasacompleteinventoryofallutilitiesatthislocation.Olssonand representational onlyandareinnowayintendedtoshowtheirexactlocation,noristhis Olsson personneldidnotlocatetheutilitiesthemselves;onlylocated Contours areshownat1footintervals. accurately, completelyandreliablydepicted. advised bycontractthatlackingexcavation,theexactlocationofundergroundfeaturescannotbe exist theirlocationandrouteisunknowntothissurveyorcouldnotbeshown.Clienthasbeen and 101,bothpointsmonumentedbyaset#5rebarredcapstamped"OlssonControlPoint". surveyor regardingproperty,easements,Right-of-ways,orownership. search byOlssontodetermineownershiporeasementsofrecord.Ifanyeasements, surveyor cannotconfirmiftheresponsetolocaterequestbyutilitylocator/swascomplete. shown hereonareaslocatedalongthemarkingscreatedbythisrequest.They survey onJuly10,2019underticketnumber/sPRIV-1562786726(001).Theundergroundutilities THIS ISNOTABOUNDARYSURVEY. scale factorof0.999967612294536fromControlPointNumber101. three yearsafteryoufirstdiscoversuchdefect.Innoeventmayanyactionbasedupondefect were installed,theycannotbelocatedbyconventionalabove-groundmethods.Ifanysuchutilities A privateutilitylocaterequestedwasgeneratedthroughDiversifiedUndergroundInc.forthis feet, asdeterminedbyGlobalPositioningSystemobservationsreferencedtotheColoradoState PursuanttoColoradoRevisedStatutesTitle13,Article80,Section105(C.R.S. SECTION 10-T1S-R66WoftheSixthPrincipalMeridian : (Grid)BearingsarebaseduponOlssonsetcontrolpointNumbers100 LOCATION PROJECT LEGEND SECTION MAP -Not ToScale- Underground FiberOpticLine/s Power Line/s,Underground Underground WaterPipe Bollard (Concrete) Chain LinkFence Electric Manhole Electric Meter Electric Box(mounted) Benchmark Electric Cabinet(above Fire Hydrant ground, onconcretepad) Antenna Transformer Cabinet Fiber OpticVault(inground) Water Valve Thissurveydoesnotconstituteatitle EXCAVATING FORTHEMARKINGOF INFORMATION. ITISHOWEVER UNDERGROUND MEMBERUTILITIES PRIOR TOTHECOMMENCEMENT FROM THEBESTAVAILABLE DRAWING HAVEBEENPLOTTED UTILITIES SHOWNONTHIS UTILITY LOCATIONS(HORIZONTAL RESPONSIBILITY FOREXISTING OF ANYCONSTRUCTION CONTRACTOR TOFIELDVERIFY OR VERTICAL).THEEXISTING OLSSON ASSUMESNO THE LOCATIONOFALLUTILITIES THE RESPONSIBILITYOF ACTIVITIES. date: drawing no.: project no.: QA/QC by: approved by: checked by: drawn by: PRIOR TODIGGING,GRADINGOR REV. CALL DATE REVISIONS DESCRIPTION TOPOGRAPHIC SURVEY NO. 1 811 SHEET HIGH ZONE WATER TANK SEVENTY-TWOHOURS V_XTOPO_0191781 of 4204 CRESTONE PEAK ST. 08/06/2019 019-1781 1 NW 1/4, SEC. 10-T01S-R66W 1525 Raleigh Street DMW MJB Suite 400 TEL 303.237.2072 CITY OF BRIGHTON, ADAMS COUNTY, COLORADO 2019 REVISIONS Denver, CO 80204 FAX 303.237.2659 www.olsson.com www.olsson.com TEL 303.237.2072 1525 Raleigh Street Suite 400 Denver, CO 80204

NOTE THIS DOCUMENT HAS BEEN RELEASED BY OLSSON ONLY FOR REVIEW BY REGULATORY AGENCIES AND OTHER PROFESSIONALS, AND IS SUBJECT TO CHANGE. THIS DOCUMENT IS NOT TO BE USED FOR CONSTRUCTION.

OLSSON ASSUMES NO RESPONSIBILITY FOR EXISTING UTILITY LOCATIONS (HORIZONTAL OR VERTICAL). THE EXISTING UTILITIES SHOWN ON THIS DRAWING HAVE BEEN PLOTTED FROM THE BEST AVAILABLE INFORMATION. IT IS HOWEVER THE RESPONSIBILITY OF THE CONTRACTOR TO FIELD VERIFY THE LOCATION OF ALL UTILITIES PRIOR TO THE COMMENCEMENT OF ANY CONSTRUCTION ACTIVITIES. REVISIONS DESCRIPTION REVISIONS DATE NO. REV. 2020 TANK SITE PLAN

POINT TABLE 60% DESIGN HIGH ZONE ELEVATED WATER TANK NOT TO BE USED FOR CONSTRUCTION

January 23, 2020 DATE PRINTED

OLSSON BRIGHTON, CO drawn by: CH checked by: KZ/DK CALL UTILITY NOTIFICATION approved by: DK CENTER OF COLORADO QA/QC by: DK project no.: 019-1781 811 drawing no.: - date: 1/23/2020 CALL 3-BUSINESS DAYS IN ADVANCE BEFORE YOU DIG, GRADE, OR EXCAVATE FOR THE MARKING OF UNDERGROUND C2 MEMBER UTILITIES. SHEET 5 OF 15 Variance 2020 Checklist

Please read the following Checklist and ensure that all required items have been submitted. Please note that uploaded plans and documents not following the naming conventions established in the Checklist and Plan Template Instructions may be considered incomplete applications and returned for corrections.

Variance Site Plan: Please upload a variance site plan showing the variance you are seeking and the portion of the lot that will be affected. Document Name: Variance Site Plan I verify that I have reviewed the City of Brighton's technical requirements for Variance Site Plan submittals and that my plans meet said requirements. Copies of the requirements for the City of Brighton concerning Variance Site Plans can be found here: Variance Site Plan Template Instructions

Proof of Ownership: Please upload the title, deed or other legal instrument which provides evidence of the ownership consent. Property reports from County agencies will not be accepted as proof of ownership. The entity listed as the owner of the property should match the ownership information entered on the application. Document Name: Proof of Ownership

Legal Description: Please upload as a word document a description of land recognized by law, based on surveys, spelling out the exact boundaries of the entire parcel of land. It should so thoroughly identify a parcel of land that it cannot be confused with any other. Document Name: Legal Description

Neighboring Property Owners: Please provide a list of all property owners within 300 feet of the application property shown by the records of the county assessor no more than seven (7) days prior to the date of application. For oil and gas applications, the distance for property owners shall be increased to 1,000 feet.

At the discretion of the Director, mailed notice to all property owners within 1,000 feet may be required and will be determined at the Preliminary Application Conference.

With this list, also include two sets of pre-printed address labels of each property owner and map demonstrating the neighboring property locations as related to the application property. Document Name: Neighboring Property Owners

Improvement Location Certificate (ILC): Please provide an ILC that has been prepared and certified by a Professional Land Surveyor (PLS) registered in the State of Colorado, which demonstrates the location and size of all existing structures on the property (house, deck, shed, etc.). This is a document typically required by a lender or insurance company prior to any property ownership transfer. Improvement Location Certificate

Created with idtPlans Review City of Brighton High Zone 2MG Elevated Water Tank Page 1 of 3 Please answer this question by clicking the "Add A Comment" button in the bottom right corner of this box: Explain in detail the requested variance. Please cite the code section of the Land Use and Development Code that relief is sought from and explain how a strict application of the standard would result in an unusual and exceptional practical difficulty.

Comments

Matt Amidei The City of Brighton Utilities Department is requesting a variance to the adopted Land Use code City of Brighton article 4.05-E-4(c) to allow for a new elevated water tank that will be roughly 150 feet in height. 5/20/20 12:29 PM This tank is built to operate at the same elevation of the existing tank and therefore will be very similar in total height.

The current code reads that the maximum building height on public lands is 60 feet. A strict application of this standard would cause exceptional difficulty and immediately kill the project. The difference in elevation between the water level in the tanks and the point of use is what creates the pressure you see at your home. If the variance is not granted the City would be unable to provide additional storage in the high zone.

Please answer this question by clicking the "Add A Comment" button in the bottom right corner of this box: Please explain the hardship: the exceptional physical conditions or extraordinary and exceptional situations unique to the property which justify the variance. Including, but not limited to, physical conditions of the property such as exceptional narrowness, shallowness or topography.

Comments

Matt Amidei The location of the ground and elevated tanks was determined many years ago because of the City of Brighton topographic advantage provided by being the highest point in the City. This advantage allows the 5/20/20 12:41 PM tanks to be shorter while achieving the desired pressure of the utility. The City has put millions of dollars into the infrastructure surrounding the existing tanks over the years and moving them is not economically feasible. This tank would be of similar height to the existing tank and would meet all other requirements of the Land Use Code. Please see attached Justification Memo for further purpose and need of the project.

Neighborhood Meeting Minutes: A neighborhood meeting may be required by the Community Development Director. If a meeting is required, please provide neighborhood meeting minutes including evidence of the notice, attendance, content and presentation, issues and discussion summary, and outcomes of the meeting. Refer to section 2.01(D) of the Land Use and Development Code for additional information. Document Name: Neighborhood Meeting Minutes

Hard Copy Requirements 1. Two (2) bound sets of the Variance Site Plan and ILC 2. Two (2) sets of pre-printed address labels 3. One (1) copy of the Application (printed from digital submittal)

Delivered to: One Stop, City of Brighton 500 S. 4th Avenue Brighton, CO 80601

Created with idtPlans Review City of Brighton High Zone 2MG Elevated Water Tank Page 2 of 3 I understand that by submitting a complete application including all electronic files and required hard copy documents to the City of Brighton Community Development Department by 5:00 PM (MT) on Tuesday, my application will meet the required deadline. If an application is deemed incomplete, it will not be accepted until all submittal items have been received. Any complete application submitted after the deadline will be officially accepted by the City of Brighton the following Tuesday.

Created with idtPlans Review City of Brighton High Zone 2MG Elevated Water Tank Page 3 of 3

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