Commerce City Sentinel Express May 23, 2024

Improving Pioneer Park

Wildlands Restoration Volunteers teams up with Commerce City to plant trees in Pioneer Park

With warmer weather approaching, one priority for many in Commerce City is keeping their city cool and their air clean.

On May 11, Wildlands Restoration Volunteers organized their rst Commerce City Tree Planting project to increase shade, create

wildland habitat and improve air quality. e event was originally planned on May 2 in honor of Earth Day, but it was canceled because of rainy weather.

e nonpro t WRV has been working in Commerce City for approximately three years through a series of projects funded by Great Outdoors Colorado and the Environmental Protection Agency.

On the day of the tree planting event, Kevin Pierce, bilingual project manager of WRV, led Commerce City residents in adding more shade to Pioneer Park, which serves as a bu er between neighborhoods and industry.

“We know (tree planting) is really a high priority for this area, es-

pecially (in) southern Commerce City, where there is a real lack of green space and tree cover,” Pierce said. “ ere is a real need to address those inequities when you’re talking about an area that has such a disproportionate burden with the polluting industry around here.”

Among the residents who helped plant 16 new trees at Pioneer Park, the Commerce City-based organization Cultivando and local program Promotores Verdes with Americas for Conservation and the Arts recruited mostly Latino families in Commerce City, Aurora and Denver to help restore natural habitat.

Environmentalists threaten suit over gas permits

Groups urge EPA to crack down after missed deadlines

BY MICHAEL BOOTH THE COLORADO SUN

e Colorado Air Pollution Control Division has missed its EPA deadline to rewrite permits for a Weld County oil and gas complex, and an environmental group says it will sue the federal agency for delaying its takeover of the permits.

e EPA on Jan. 30 said state regulators writing permits for Bonanza Creek Energy hadn’t guaranteed that aring operations would burn o pollutants and prevent air quality violations. e EPA order set a 90-day clock ticking for state revisions.

“Colorado is e ectively giving the oil and gas industry a free pass to pollute under illegal permits,” said Jeremy Nichols, a senior advocate at the nonpro t Center for Biological Diversity. “We need the EPA to intervene to ensure public health and the environment comes rst and put an end to Colorado’s dangerous foot-dragging.” e center noti ed the EPA it will le a lawsuit in the delays handling the allegedly awed permits.

e center says the EPA and state regulators have also failed to act quickly enough on other permits, including revisions to permits for the frequently ned Suncor Re nery in Commerce City.

“ ey seem to be at a loss when it comes to xing legally awed permits,” Nichols said.

Colorado o cials acknowledged the deadline has passed, but said they are working on it.

“We are evaluating EPA’s concerns detailed in the order so we can respond appropriately,” division spokesperson Leah Schleifer said.

Councilor-at-large

Charles Dukes discusses his motivations

Participants of Wildlands Restoration Volunteers’ Commerce City Tree Planting event on May 11, 2024, at Pioneer Park in Commerce City. JACKIE RAMIREZ

PERMITS

Bonanza Creek’s permits are fully enforceable while the issues are worked out, she said. e division does not comment when issues move into litigation, she added.  Environmental advocates who won the January EPA order through petitions say the ruling could impact thousands of other oil and gas permits in Colorado and other states, because Colorado’s recent ozone failures mean far more drillers must get air pollution permits dictating how they will limit releases of ozone-causing chemicals. e EPA may now consistently

order those drilling and processing sites to test the e ectiveness of their aring rather than rely on predictions of how the equipment will work, the advocates said.

e four Bonanza Creek oil and gas wells in question “are de ned under the Clean Air Act as ‘major sources’ of nitrogen oxides and volatile organic compounds, which form ground-level ozone, the key ingredient of smog. e wells contribute to dangerous air quality in the Denver Metro-North Front Range area, a nine-county region home to more than 4 million people that has violated ozone health standards for nearly two decades,” the Center for Biological Diversity said.  e oil and gas industry says

There

by the Brighton Optimist Club For more information call

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similar ares can burn o 95% of the targeted emissions, but the nonpro t groups say Colorado is not writing permits in a way that demands the most e ective aring equipment or monitoring afterward to prove the emissions are gone.  is story was printed through a news sharing agreement with e Colorado Sun, a journalist-owned nonpro t based in Denver that covers the state.

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Aurora Model Home Event Was Uninspiring. Where’s the Innovation & Sustainability?

Last Wednesday, I joined 50+ metro area Realtors for a “progressive model home tour” at the Painted Prairie subdivision in Aurora, just south of the Gaylord Rockies resort near DIA. The weather was perfect, and the turnout must have exceeded expectations since the food ran out early at the seven different builder sales centers on the tour.

Six builders partnered in this event which was sponsored by the two metro area Realtor associations — Denver Metro and South Metro. It was well planned and executed, with registration happening at Honeysuckle Park, and the sales offices of the builders all within walking distance. Free shuttles ran constantly, too.

gas forced air furnaces and gas water heaters that I have seen over the last decade at new-home subdivisions.

tification but didn’t want to pay the EPA’s fee for it.

Of these builders, Meritage has the best reputation for sustainability. Our office did a field trip to their Richards Farm subdivision in Arvada many years ago, and we were impressed at their use of spray foam insulation and conditioned attics. Instead of finding further progress toward sustainability, I found that only the front and back walls of the Painted Prairie homes have spray foam insulation, although they still have conditioned attics.

Last week I wrote about the new “Energy Star NextGen” certification, which requires all-electric design, not just Energy Star appliances. None of these builders even aspire to that certification. For that, you need to look at Thrive Home Builders, which is building allelectric homes in Loretta Heights, Baseline (Boulder), and Lone Tree. Thrive homes are also EPA Indoor airPLUS qualified, something not even mentioned by any of the Painted Prairie builders.

At registration we were given a map of the sales offices. The participating builders were KB Home, Berkeley Homes, David Weekley Homes, Meritage Homes, Remington Homes, and New Home Co.

KB Home had two sales offices on the 7-stop tour — one for their paired homes and one for single-family homes.

I had my own agenda for that day. I wanted to know what innovations and sustainability features these builders were incorporating in their 2024 products. I saw very little of either. These were the same stick-built homes with

All the builders are installing highefficiency gas forced air furnaces (93% to 96% efficient). There wasn’t a heat pump system in any of the homes, nor was a heat pump upgrade possible. All the water heaters are gas units, half of them tankless, and a heat pump water heater is not available as an upgrade, despite the huge tax credits available.

Several of the builders were including 220V wiring to the garage for electric vehicles and prewiring or conduits for roof-top solar PV — making them “solar ready” — but both were options if available at all.

All of the builders said their homes are “Energy Star certified,” except for one which claims to qualify for that cer-

Just Listed: 4-Bedroom Arvada Home

You’ll love this move-in ready two-story home at 7885 Quail Street in the Oak Park section of Arvada. It is just two blocks from Alice Sweet Thomas Park to the west and Sierra Park to the east. The sellers have taken excellent care of this house since buying it 34 years ago. It has four bedrooms and 2½ baths and 2,021 main square feet plus an unfinished basement. The corner lot is just

scaped. Built in 1978 of

plus a

as are the

and

photos and a narrated video tour at www.ArvadaHome.info, then call me at 303-525-1851 to request a private showing. I will be holding it open this Sunday, May 26th, from 11am to 1pm

We proudly provide free use of this moving truck to our sellers and buyers, along with free moving boxes, bubble wrap and packing paper.

Non-profits and community organizations also put lots of free miles on it!

If I were in the market for a new home, I would certainly look at a Thrive Home Builders community.

All the builders promoted the fact that they will continue paying a co-op commission — typically 3% on the base price at closing — to agents who bring them a buyer. Given the turmoil in the resale market regarding buyer agent compensation, a new home is the one purchase in which buyers can have professional representation without paying for it themselves. This will not be going away.

Sustainability aside, there was one builder at Painted Prairie that I liked, a company I had never heard of before — New Home Co. What impressed me

Metro District Taxes + HOA Dues

As in many new subdivisions, the infrastructure for Painted Prairie was funded by Metro Tax District bonds. The district has its own mill levy to pay off those bonds. While the HOA dues are spelled out on the MLS, the mill levy is not. At www.LifeAtPaintedPrairie.com the district mill levy is revealed — over 75 mills.

Polis Signs Bill Mandating Accessory Dwelling Units

One of the housing bills signed by Gov. Jared Polis this month was one which requires larger municipalities and unincorporated communities to allow the building of accessory dwelling units (ADUs) on lots zoned for single family homes. Like the other new housing laws, this one is designed to address the shortage of housing units by increasing density.

The new law emphasizes that ADUs provide compact, affordable housing options in established neighborhoods with minimal impact on infrastructure, addressing various housing needs such as rental income generation for homeowners and intergenerational living arrangements.

The law underscores ADUs’ role in addressing childcare deserts and facilitating aging in place, particularly significant as Colorado's population ages. ADUs are noted

for their energy efficiency, environmental benefits, and cost-effectiveness, aligning with the state’s goals for reducing greenhouse gas emissions and meeting climate targets.

Furthermore, the law acknowledges the impact of local land-use regulations on ADU construction and affordability, advocating for more permissive regulations to increase housing supply, stabilize costs, and promote equitable homeownership. It emphasizes the need for consistent regulations to foster a robust ADU market and facilitate affordable housing solutions statewide.

Ultimately, the law declares increasing ADU construction or conversion as a matter of mixed statewide and local concern, recognizing the broader implications for housing affordability and community development across Colorado.

was their lack of upgrade fees. You can choose different styles of cabinets and countertops, but you don’t pay extra for any of them. Also, they had some innovative electrical components, and they include a video doorbell. They also give buyers $30,000 to use for buying down the mortgage interest rate to 3.5% the first year, 4.5% the second year and 5.5% for 28 years. Jim Smith

Broker/Owner, 303-525-1851

Jim@GoldenRealEstate.com 1214 Washington Ave., Golden 80401

Broker Associates:

JIM SWANSON, 303-929-2727

“Concentrate on giving and the getting will take care of itself.”

BY LONDON LYLE

From educator to community advocate

SPECIAL TO COLORADO COMMUNTIY MEDIA

Charles Dukes was elected to Commerce City Council as an at-large representative last fall and currently serves on the city’s Education Commission and the Parks and Recreation Advisory Board and the Boards and Commissions Committee. is interview has been edited for length and clarity.

Colorado Community Media: Can you share where you grew up and describe the steps that led to your position on Commerce City Council?

Charles Dukes: I’m a Colorado native. I grew up in Aurora and initially had a career in education policy. I’ve worked in school district administration and with youth more directly. After living in Green Valley Ranch for a bit, I got married, and my wife and I decided to move out to Reunion looking for a home to settle down in. We had a couple of kids, and as they started growing and we started getting involved with things at the school and in the neighborhood. We just grew to love our neighbors and love our community and watching all the kids grow up together. It’s been a great experience.

CCM: You mentioned starting out working in education in your early career. I’m curious how that might inform your work as a city council member. Does your background a ect any of your decision-making?

Dukes: My background in education is in larger systems. So I’ve worked at the Colorado Department of Education and I’ve worked now in the two larger school districts on the front range, Aurora Public Schools and Denver Public Schools.

All of that context factors into my day-to-day job as a councilmember, because when you’re working directly with diverse communities, three things matter: to be in the community, to talk with folks in the community, and to know that there are real community stakeholders for any given issue on my agenda.

CCM: After living in Commerce City for the past eight years, what are some of the biggest changes you’ve seen?

Dukes: Obviously there was major economic growth in the area early on. When I got out here, it was the expansion of the Reunion area up north; there’s been a lot of growth there, which has been a big change because it’s been attracting di erent people from out of the state or di erent folks from di erent parts of the state who suddenly want to move toward Commerce City. Just huge growth.

CCM: Let’s circle back to the public safety concern you touched on that kids in the area are having. What do you think are the key components of maintaining public safety? And what initiatives is the city council looking at to help improve the situation?

Dukes: ere are a few major concerns in regards to public safety. A big one here is speeding. ere have been increasing issues with people racing across the city, drag racing, and there’s tra c issues associated with that, whether it’s ATVs or just people racing across the city, which is a concern. Another concern is there’s a whole lot of gunshots. When I was campaigning and listening to folks next to Pioneer Park, they’d share stories of multiple

drive-by shootings, or the glass of their cars being broken into. And so those are some concerns.

CCM: You mentioned that folks are becoming a lot more aware of environmental issues. Can you elaborate on that?

Dukes: Mostly, I think it’s because of social media. A lot of it is a coordinated e ort. A number of environmentalist and social justice nonpro ts contribute to a lot of it. ey’re monitoring and holding conversations around air pollution and being able to share it widely, versus how it was attempted two years ago. I think that helped. I think the communities are seeing the data and seeing the results, and they want to change that. So I think that’s a part of that as well.

CCM: How do you strike the appropriate balance between addressing the public’s environmental and health concerns and dealing with the unavoidable reality that oil and gas are probably not going anywhere any-

time soon?

Dukes: We need to have more dialogue. More civic discourse, around both sides of the issue, and begin to talk through how we can create solutions together that don’t alienate either side of the aisle. at means there will be some compromise, but then there will also be some movement.

CCM: Do you think there are ways to better foster dialogue between community members who may not get to interact with each other regularly so they can start seeing eye to eye and work toward some of these common goals?

Dukes: e way for us to foster dialogue is just by creating more opportunities for people to be in proximity to one another. And you do that through arts and culture. Events – dialogue happens at places with food and events, right? And so we need to do a better job of creating cultural events that impact the whole city and support the whole city.

GET THE WHOLE STORY ONLINE

This question and answer session has been edited to fit the space. To read the full discussions between London Lyle and City Councilorat-large Charles Dukes, visit our website at https:// coloradocommunitymedia. com/2024/05/16/charlesdukes-from-educator-tocommunity-advocate/

LINDA SHAPLEY Publisher lshapley@coloradocommunitymedia.com

MICHAEL DE YOANNA Editor-in-Chief michael@coloradocommunitymedia.com

SCOTT TAYLOR Metro North Editor staylor@coloradocommunitymedia.com

BELEN WARD Community Editor bward@coloradocommunitymedia.com

TERESA ALEXIS Marketing Consultant Classified Sales talexis@coloradocommunitymedia.com

AUDREY BROOKS Business Manager abrooks@coloradocommunitymedia.com

LINDSAY NICOLETTI Operations/ Circulation Manager lnicoletti@coloradocommunitymedia.com

Columnists & Guest Commentaries Columnist opinions are not necessarily those of the Standard Blade.

We welcome letters to the editor. Please include your full name, address and the best number to reach you by telephone. Email letters to staylor@coloradocommunitymedia.com Deadline Tues. for the following week’s paper.

Commerce City Councilor Charles Dukes, center and flanked by 27J Finance Director Stacey Yoshimoto, left , and Commerce City Councilor Sean Ford, discusses how a Commerce City Education Commission could work at a joint of cities and the school district. SCOTT TAYLOR

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NOTIFICATION OF INTENT TO CREATE BINDING USE RESTRICTIONS ON THE ROCKY MOUNTAIN ARSENAL

Facility: Rocky Mountain Arsenal

Address: 6550 Gateway Road, Commerce City, CO 80022

Background:

The Colorado Department of Public Health and Environment (CDPHE) provides notice of their intention to impose binding environmental use restrictions (EURs) on the Rocky Mountain Arsenal, which includes both the Army maintained areas and the national wildlife refuge located on and around 6550 Gateway Road, Commerce City, CO 80022.

The EURs are consistent with the existing allowed uses at the site and prohibit residential uses, construction, agricultural uses, consumption of game and fish, potable use of groundwater, certain vehicular traffic, any activities that may damage, cause erosion, or otherwise interfere with the remedy, and other uses.

Pursuant to § 25-15-318.5, C.R.S., once the EURs have been finalized, they are binding on all current and future owners of the land and any persons possessing an interest in the land.

CDPHE is accepting public comments on the draft EURs.

Public comments:

All comments must be submitted by June 5, 2024 to: Jennifer Talbert, Remediation Program Manager jennifer.talbert@state.co.us | (720) 7666083.

Copies of the proposed EURs and a legal description of the affected property are available by contacting Jennifer Talbert.

Additional site information: https://cdphe.colorado.gov/hm/rockymountain-arsenal

Legal Notice No. CCX1333

First Publication: May 9, 2024

Last Publication: May 30, 2024

Publisher: Commerce City Sentinel Express

PLANNING COMMISSION COMMERCE CITY, COLORADO

Notice is hereby given that this public hearing will be conducted on Tuesday, June 4 2024, at 6:00 p.m. at the Commerce City Civic Center, 7887 East 60th Avenue. The Planning Commission will consider:

CUP24-0001: Brad Lucero, on behalf of Stout Street Foundation, is requesting a Conditional Use Permit to allow an Inpatient Residential Substance Abuse Treatment Facility located at 7251 E. 49th Avenue and 7201 E. 49th Avenue, zoned I-1S (Industrial Park Storage District), consisting of approximately 4.0 acres.

LUP-058-24: Allied Waste Systems of Colorado LLC is requesting approval of a Land Use Plan Amendment to amend the future land use plan designation from DIA Technology to Utility for the property located at the southwest corner of East 88th Avenue and E-470. The subject property consists of approximately 110.57 acres and is zoned ADCO A-3 (Adams County Agricultural-3).

Z-705-99-00-09-24: Allied Waste Systems of Colorado LLC is requesting approval of an annexation zone change from ADCO A-3 (Adams County Agricultural-3) to Commerce City Planned Unit Development (PUD). The subject property is approximately 110.57 acres and is generally located at southwest corner of East 88th Avenue and E-470.

V-93-24: Allied Waste Systems of Colorado LLC is requesting to vacate a portion of Himalaya Street, approximately 3,286 feet in length, extending south from East 88th Avenue. Approval of the vacation is dependent on approval of the related annexation request (AN-263-24) for the subject property.

Advance registration for virtual testimony/ public input is required. Additional information and instructions to register for testimony can be found in the published agenda at https://commerce.legistar. com and at https://www.c3gov.com/PC or by contacting staff at 303-289-8137 or nberry@c3gov.com. Notificatcion de un Proyecto de Desarrollo potencial cerca de su propiedad. Para servicios de traduccion en espanol, llame a Kimberly Adame 303-227-8818.

The application is on file with the Department of Community Development.

Planning Commission Chairman

Legal Notice No. CCX1340

First Publication: May 23, 2024

Last Publication: May 23, 2024

Publisher: Commerce City Sentinel Express

Bids and Settlements

Public Notice

WINDLER PUBLIC IMPROVEMENT AUTHORITY 48th Avenue and Wenatchee Street Streetlights

Sealed Bids will be received by Windler Public Improvement Authority, hereinafter referred to as OWNER, at the office of the Authority Engineer, Merrick & Company, 5970 Greenwood Plaza Boulevard, Greenwood Village, CO 80111, until 10:00 AM local time on June 21, 2024 for:

Windler 48th Ave and Wenatchee Street Streetlights

This Contract provides for the construction of the following: Furnish and install Streetlights for 48th Ave and Wenatchee Street which is comprised of approximately 3,900 LF of conduit, 17 streetlights and 1 meter pedestal along 48th Avenue from Tibet Road to E-470 and 5,500 LF of conduit, 61 streetlights and 1 meter pedestal along Wenatchee Street.

Copies of the Bidding Documents may be requested from the Windler Public Improvement Authority, at the email of the Authority Engineer, barney.fix@ merrick.com, beginning May 23, 2024. NO PAYMENT REQUIRED.

Bidders must be licensed Contractors in the State of Colorado.

Bids will be received providing unit price for items; however, the price given will be on a maximum not-to-exceed amount, as described in the Bidding Documents.

The Work is expected to be commenced within thirty (30) days after the Date of Contract.

Bid Security in the amount of five percent (5%) of the total Bid Price must accompany each Bid in the form specified in the Instructions to Bidders.

The Successful Bidder will be required to furnish a Performance Bond, Labor and Material Payment Bond guaranteeing faithful performance and warranty bond for two-years after Substantial Completion, and the payment of all bills and obligations arising from the performance of the Contract.

The OWNER reserves the right to award the contract by sections, to reject any or all Bids, and to waive any informalities and irregularities therein.

For further information, please contact Barney Fix at Merrick & Company at 303-751-0741.

Legal Notice No. CCX1339

First Publication: May 23, 2024

Last Publication: June 6, 2024 Publisher: Commerce City Sentinel Express Non-consecutive Publications

NOTICE TO CREDITORS

Estate of Michael Keith Napple/ Michael K. Napple/ Michael Napple, Deceased Case Number: 2024 PR 30339

All persons having claims against the above-named estate are required to present them to the Personal Representative or to the District Court of Adams County, Colorado on or before September 23, 2024, or the claims may be forever barred.

Ryan N. Morey, Attorney for Steven Seder, Personal Representative 5003 Half Moon Dr Colorado Springs, CO 80915

Legal Notice No. CCX1338

First Publication: May 23, 2024 Last Publication: June 6, 2024

Publisher: Commerce City Sentinel Express ###

PUBLIC NOTICES

It’s your right to know what the city and county governments are changing and proposing. ~ ~ ~ See the ordinances on these legal pages. ~ ~ ~ Read the public notices and be informed!

PARK

“As part of these partnerships, I know that it was important for all of us to provide community members a chance to take ownership over the care of their green spaces and to get out onto the land and play an active role in improving their community,” Pierce said.

Zuza Bohley, education director and deputy director of Americas for Conservation and the Arts, said that tree planting is not only a gateway to uniting communities,

but to teach members of the communities how to take care of trees.

Bohley said Promotores Verdes focuses heavily in teaching residents throughout Colorado on the planting of trees, and emphasized that successful tree planting relies heavily on after care.

“Many times there’s not enough employees to monitor the trees and to take care of them,” Bohley said.

“If you look around, some trees are already dead or some pine trees are sick.”

Ana Romero, who has worked with Promotores Verdes for ve years, added that not only is planting trees bene cial to the environ-

ment, but it helps create environmentally friendly habits.

“Part of doing these events and these types of activities, the people become aware of taking care of the environment and it’s contagious, like a fabric that interweaves within us and stays with us,” Romero said.

With a turnout of nearly 40 people, including adults, children and teenagers, participants put in different types of trees that will produce a leafy canopy and an area to cool down during hot summer days once they grow bigger. Among the types of trees planted were maple, linden, pear and honey locust, which Pierce said Commerce City’s

sustainability manager deemed as particularly good at ltering particulate matter from the air.

e May event is one of the many environment-related projects that WRV has in store for folks who wish to improve their green spaces. It will also host a bilingual training of basic ecological restoration, leadership and safety skills.

“ e goal is to plant trees to add shade and help with urban heat, and to help the local environment,” Pierce said. “I think more important than that is to give community members and neighbors a chance to engage in caring for their local green space.”