HomeMy WebLinkAbout04/02/20091/4~
City of
Wheat Midge
PLANNING COMMISSION
AGENDA
April 2, 2009
Notice is hereby given of a Public Meeting to be held before the City of Wheat Ridge Planning
Commission on April 2, 2009, at 7:00 p.m., in the City Council Chambers of the Municipal
Building, 7500 West 29th Avenue, Wheat Ridge, Colorado.
Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City
of Wheat Ridge. Call Heather Geyer, Public Information Officer at 303-235-2826 at least one week in
advance of a meeting if you are interested in participating and need inclusion assistance.
CALL THE MEETING TO ORDER
2. ROLL CALL OF MEMBERS
3. PLEDGE OF ALLEGIANCE
4. APPROVE THE ORDER OF THE AGENDA (Items of new and old business may be
recommended for placement on the agenda.)
5. APPROVAL OF MINUTES - March 19, 2009
6. PUBLIC FORUM (This is the time for any person to speak on any subject not
appearing on the agenda. Public comments may be limited to 3 minutes.)
7. PUBLIC HEARING
A. Case No. MS-09-01: An application filed by George & Allen Williams for approval
of a 2-lot minor subdivision plat for property zoned Agricultural-One (A-1) and
located at 4593 Parfet Street.
8. OTHER ITEMS
A. Election of Officers
9. ADJOURNMENT
City of
~ W heat ridge
PLANNING COMMISSION
Minutes of Meeting
March 19, 2009
1. CALL THE MEETING TO ORDER
The meeting was called to order by Vice Chair MATTHEWS at 7:00 p.m. in the
City Council Chambers of the Municipal Building, 7500 West 29`x' Avenue,
Wheat Ridge, Colorado.
2. ROLL CALL OF MEMBERS
Commission Members Present:
Commission Members Absent
Jim Chilvers
Marc Dietrick
Henry Hollender
Dick Matthews
Davis Reinhart
Steve Timms
Anne Brinkman
John Dwyer
Staff Members Present: Meredith Reckert, Senior Planner
Jeff Hirt, Planner II
Ann Lazzeri, Recording Secretary
3. PLEDGE OF ALLEGIANCE
4. APPROVE THE ORDER OF THE AGENDA
It was moved by Commissioner REINHART and seconded by Commissioner
TIMMS to approve the order of the agenda. The motion passed 6-0.
5. APPROVAL OF MINUTES - March 5, 2009
Commissioner HOLLENDER requested the following amendment to the
minutes of March 5, 2009: Page 3, third paragraph, second sentence should
read: "No changes were agreed to. " It was moved by Commissioner
REINHART and seconded by Commissioner HOLLENDER to approve the
minutes of March 5, 2009 as amended. The motion passed 6-0.
6. PUBLIC FORUM (This is the time for any person to speak on any subject not
appearing on the agenda.)
Planning Commission Minutes I March 19, 2009
There was no one to address the Commission at this time.
7. STUDY SESSION
A. Follow-up on Development Standards for Residential Zones
Jeff Hirt reviewed the staff report which was a follow-up from the study session
held on March 5, 2009 regarding residential development standards. The report
contained staff recommendations resulting from study session feedback.
Public Outreach for Residential Standards - Staff recommended scheduling a
Planning Commission public hearing in late April or early May. Those who
signed up for the 2008 open houses for zoning code amendments would be
directly notified in addition to a newspaper notice. An article would be
prepared for the Wheat Ridge Connections that would outline the proposed
changes and any future public hearings on the ordinance. The Connections
would be mailed out the week of May 25 or June 1. Based on feedback from
that publication, staff would proceed accordingly with either a first reading
before City Council or additional public outreach. Information would
continue to be provided on the city website during the entire process.
Commissioner REINHART agreed with staffs recommendation, commenting
that he believed the public hearing process mandated by ordinance is
adequate.
Commissioner TIMMS stated that he would prefer to have the information
appear in the Connections publication prior to a Planning Commission hearing
on the ordinance.
Commissioner CHILVERS commented that he would like to see the process
move quickly.
of the information is presently on the website under the Community
,elopment Department. Suggestions were made that the information be
red from the Community Development section of the website to the City's
front page; the website presentation could include some of the photographs
that were presented during the study session; and perhaps an article could be
written in the mayor's newsletter concerning the proposed ordinance.
There was a consensus (5-1 with Commissioner TIMMS opposed) to support
staff's recommendations for public outreach.
• Classifying Accessory Structures - Based on feedback from the study session,
staff recommended grouping accessory structures into two categories, major
and minor, with major structures having the same standards as detached
garages and minor structures having the same standards as sheds.
Planning Commission Minutes 2 March 19, 2009
There was discussion as to whether the structures should be further defined by
use. Commissioner HOLLENDER commented that too much definition
would make the process cumbersome, and it would probably be best to base
the definitions upon size and let building codes regulate the use.
There was consensus (6-0) to support staff s recommendations to regulate
major/minor accessory buildings based on size and not use.
structure behind front facade of mi
Based on discussion at the March 5 study
recommendations: For front and side setl
detached garages would be the same as fr
structure. If there is an existing setback e
must be behind the street-facing
than 18'. For the R-1 C district
would be 18' and accessory structures mu:
of the principal structure where there are c
setbacks from the street for corner lots, all
session, staff made the following
acks from the street on corner lots,
nt/street setback for principal
icroachment, the detached garage
the principal building but not less
tvt)ically smaller lots, the setback
ind the street-facing facade
nents. For front and side
cessorv structures would be
the same as front/street setbacks for principal structures. If there is an existing
setback encroachment, the accessory structure must behind the street-facing
facade of the principal building. For front setbacks in the R-1 C district,
accessory structures must be behind the street-facing facade of the principal
structure regardless.
Commissioner REINHART discussed setbacks for garages and suggested that
a garage could be close enough to the street that there would be no room for a
car to park in front of the structure or the garage should be set back far enough
to accommodate a narked vehicle.
There was consensus to support staff s recommendations with language
suggested by Commissioner REINHART that would allow some flexibility
with driveway depths.
B. Discussion of Off-Street Parking Requirements:
Jeff Hirt presented this matter. Staff is in the process of drafting revised parking
regulations to provide more flexibility for the city's many infill lots that may not
meet current standards. Two options for a shared parking formula are being
considered and outlined in the staff report.
Commissioner MATTHEWS suggested that shared parking should be on the same
side of the street.
Planning Commission Minutes 3 March 19, 2009
Commissioner HOLLENDER expressed concern about having inadequate
parking as a "trade off"to having more landscaping.
Commissioner TIMMS suggested allowing parking reductions in targeted areas
such as for businesses along 38`h Avenue.
Regarding the two shared parking options presented by staff, discussion was
generally in favor of the second option. This option would calculate parking
spaces on the basis of specific times of day and the timeframe with the most
parking demand.
Mr. Hirt thanked the Commission for their comments. Staff will be bringing the
parking requirements back for more discussion at a future study session.
8. OTHER ITEMS
There were no other items to be considered by the Commission.
9. ADJOURNMENT
It was moved by Commissioner REINHART and seconded by Commissioner
TIMMS to adjourn the meeting at 8:04 p.m. Motion passed 6-0.
Dick Matthews,
Ann Lazzeri, Secretary
Planning Commission Minutes 4 March 19, 2009
City of
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Wh6atPud e
CITY OF WHEAT RIDGE
PLANNING DIVISION STAFF REPORT
TO: Planning Commission
DATE OF MEETING: April 2, 2009
CASE MANAGER: Adam Tietz, Planner
CASE NO. & NAME: MS-09-01/Williams
ACTION REQUESTED: Approval of a two lot minor subdivision
LOCATION OF REQUEST: 4593 Parfet Street
APPLICANT: George and Allen Williams
OWNER (S): George and Allen Williams
APPROXIMATE AREA: 4.32 acres (1884,468 square feet)
PRESENT ZONING:
A-l, Agricultural-One
ENTER INTO RECORD:
(X) ZONING ORDINANCE (X) CASE FILE & PACKET MATERIALS
(X) SUBDIVISION REGULATIONS (X) DIGITAL PRESENTATION
629
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Planning Commission
Case #MS -09-01/Williams
I. REQUEST
The applicant is requesting approval of a minor subdivision plat. Two lots will be created as a
result of the subdivision.
The Planning Commission has the ability approve minor subdivisions which involve no
dedications for public streets or other public uses, or which involve no right-of-way vacations.
The decision by Planning Commission is final.
The purpose for the subdivision is for the purchase of Lot 2 by the City of Wheat Ridge in order
to expand the existing Public Works facility for the future consolidation of the Parks and Public
Works Department's administrative facilities and maintenance operations. The original request
was accompanied by a request to rezone Lot 2 from A-1 to PF, Public Facilities. The request for
the rezoning has been withdrawn as the purchase of the property is dependent only on the
subdivision. The request for the rezoning will occur at a later date by the Public Works
Department.
II. EXISTING CONDITIONS
The property on which the action is being requested is located at 4593 Parfet Street and is zoned
Agricultural-One (A-1). The A-1 zone district was established to provide a high quality, safe,
quiet and stable residential estate living environment within a quasi-rural or agricultural setting.
In addition to large lot, single-family residential and agricultural uses and activities;
governmental/public and semi-public buildings and facilities are allowed in this zone district.
The property is a long and narrow lot, approximately is 4.32 acres in size, which has a single
family home on it. There are also several outbuildings and other structures located throughout
the property that support agricultural uses on the lot. (Exhibit 1, Alta Survey)
The lot is relatively flat and has two irrigation ditches that traverse the property. One irrigation
ditch runs along the southern property line while the other cuts across the rear portion of the
property from southwest to northeast before following the northern property line. The area to the
west of this irrigation ditch remains unused. The eastern portion of the property has historically
been used for agricultural purposes. In more recent years it has been used to grow pumpkins.
The surrounding area has a large mix of different zone districts and land uses. The majority of
the area is zoned A-1 with single family homes and agricultural uses on large lots. There is also
a private school located to the south of the eastern portion of the property. There are areas of R-
2 zoning to the west and southeast that contain both single family homes and duplexes. Directly
to the south, on the western portion of the property, there is the Public Works Operations facility,
which is zoned PF. Further to the south there are some commercial uses and zoning on
properties that have frontage along W. 44th Ave.
M. CASE ANALYSIS
Whoever divides, or participates in the division of a lot, tract, or parcel of land into 2 or more
lots must comply with the regulations in the City Code Section 26-401. No final plat of a
subdivision can be approved and accepted by staff, the planning commission or the city council
unless it conforms to the provisions of these regulations. The regulations are regarded as
minimum requirements for the protection of the public health, safety and welfare. The A-1 zone
district development standards were used to examine the conformance of the newly created lots.
Planning Commission
Case #MS -09-Ol/Williams
Lot I (eastern lot)
There is an existing single-family structure with several other accessory buildings located on Lot
1 that will remain. The subdivision plat will create a new rear yard property line on lot 1. As a
result of the subdivision, Lot 1 will be reduced in size to 123,698 square feet or 2.84 acres.
(Exhibit 2, Subdivision Plat) The A-1 zone district allows for 25% maximum building coverage.
With all the existing buildings, the lot coverage is well below the 25% coverage limitation at
2.5%.
The existing structures that are on the lot must meet minimum rear yard setbacks from this new
property line. A main structure in the A-1 zone district must have a minimum rear yard setback
of at least 15 feet while barns, sheds and other accessory structures can maintain a setback of 5
feet. The closest structure to the rear lot line is an existing barn. It is approximately 320 feet
from the newly created rear (western) property line. The home will be approximately 430 from
the rear property line. The front and side yard property lines are not required to be examined
since the improvements on the property are already in place and no new front or side property
lines were established. The side yards are conforming with required side yard setbacks while the
main dwelling structure is only approximately 14.5 feet from the front property line.
The required lot width for a parcel in the A-1 zone district 140 feet and the minimum size is one
acre. Both the lot width and size requirements have been met. The width of Lot 1 will be 254
feet while the size will be 2.84 acres.
Lot 2
The newly created lot is required to meet all development standards of the A-1 zone district. Lot
2 will meet the lot size and width requirements with a width of 254 feet and it being 64,770
square feet or 1.49 Acres.
Building setbacks and lot coverage were not examined as no buildings are proposed for Lot 2 as
a part of this request. When buildings are constructed they will be required to meet all setback
requirements.
Right-of-Way Dedication
When there is a subdivision of land dedication of right-of-way is typically required for
improvements to the street, if the street is not constructed to City standards. The most common
right-of-way dedication requires the dedication for the installation of curb, gutter and sidewalk.
Dedications can also be required in order for the streets to be widened or to be able construct
streets that haven't been built and are necessary to support the proposed subdivision. The Public
Works Department has the discretion to waive the requirements to dedicate right-of-way based
on the surrounding conditions.
The subdivision does have frontage along two public streets, Parfet Street on the east and W. 46th
Avenue on the west. W. 46th Avenue dead ends into Lot 2 of the subdivision and there is no
curb, gutter or side walk along the Parfet Street, street frontage of Lot 1.
The Public Works Department has determined that no dedication of right-of way will be required
as there is no curb, gutter, or sidewalk on either side of Parfet Street from W. 44th Avenue north
to W. I-70 Frontage Road South and as curb, gutter, and sidewalk will likely never be installed
on this stretch of road. No cul-de-sac bulb is required to be dedicated or constructed at the end
of W. 46th Avenue since access to the Public Works maintenance facility will remain off of W.
Planning Commission
Case #MS -09-01/Williams
45`h Avenue on the west side of the facility. A gate will be installed at the terminus of W. 46`h
Avenue which will only be used for emergency access.
Utility Easements
Easements for utilities were established around the perimeter of each lot as required by the Code
of Laws. The easements meet the minimum standards set in the Code which requires 10 foot
easements for all front and rear property lines and 5 foot easements for all side property lines.
IV. AGENCY REFERAL
All affected service and utilities were contacted regarding their ability to serve the property with
respect to this application. The applicant will bear the cost of upgrading any service to the
property. The following comments were received by the affected agencies:
Public Works: Public Works had minor comments pertaining to the form and content of the
subdivision plat. All items have been addressed to the satisfaction of the Public Works
Department.
Xcel Energy: Xcel has no conflict with the subdivision. If the rear portion of Lot 1 of the
subdivision is ever developed, they do advise that there is an I l5kV overhead electrical
transmission line that could have implications on the development of that portion of the lot.
Valley Water: Currently Lot I is served by a well, but both Lots 1 and 2 do have the ability to
be served by Valley Water, subject to Denver Water operating rules and regulations. When the
properties are developed, each new building will be required to connect to the public system and
have separate water taps. At that time the developer should contact Valley Water to discuss the
water system design needs.
Arvada Fire: When buildings are constructed on the lots, the existing Valley Water District
water line will be required to be extended and looped in order to be able to provide fire
protection to the new buildings. In addition, fire hydrants will have to be installed along the loop
line for protection. The number of hydrants is yet to be determined.
Access lanes will also have to be provided for fire apparatuses, as required by the current edition
of the International Fire Code, in order to occupy any building that is constructed.
Other: All other referral agencies did not to respond to the request for comments which
indicates that they have no comment. Typical utility easements are being established around the
perimeter of each lot and are shown on the subdivision plat.
V. STAFF CONCLUSION & PROPOSED MOTIONS
Because this is a two-lot minor subdivision with no right-of-way dedication required, Planning
Commission is the final decision making authority. Staff has concluded based on the A-1 zone
district development standards, all the requirements for a subdivision in the A-1 zone district
have been met. Because the requirements for a minor subdivision have been met, a
recommendation of APPROVAL is given for Case No. MS-09-01.
VI. PROPOSED MOTIONS:
Option A: "I move to APPROVE of Case No. MS-09-01, a request for approval of a minor
two-lot subdivision plat for property at 4593 Parfet Street for the following reasons:
Planning Commission 4
Case #MS -09-Ol/Williams
1. All development standards of the A-1 zone district have been met.
2. All requirements of the Subdivision Regulations have been met.
3. All required utility easements are being provided.
Option B: "I move to DENY Case No. MS-09-01, a request for approval of a two lot
subdivision plat for property located at 4593 Parfet Street for the following reasons:
Planning Commission
Case #MS -09-01/Williams
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PROPERTY DESCRIPTION
(PER CITY OF WHEAT RIDGE)
THAT PART OF THE HE 114 NW 114 OF SECTION 21. TOWNSHIP 3 SOUTH. RANGE 69 WEST, DESCRIBED AS FOLLOWS
COMMENCING AT THE HE CORNER OF THE HE %NW %OF SECTION 21. TOWNSHIP 3 SOUTH. PANDERS WEST OF
THE BTH PRINCIPAL MERIDIAN, THENCE S SW 26'26W ALONG THE NORTH LINE OF SAID NW 14 OF SECTION 21 A
DISTANCE OF 1327.13 TO WE NW CORNER OF WE NE N.. NA Y. OF SECTION 21:1MENCE S 00' 25 WE ALONG THE
WEST LINE OFTHENE%NWY.OFSAIDSECTION,AOISTANCEOF1,029.UFEUTOTHE TRUEPOIMOF
BEGINNING; THENCE S W' 25' WEALONG SAID WEST LINEA DISTANCE OF BUM FEET, THENCE LEAVING SAID
WEST LINE ATA RIGHT ANGLE N BIT 31'30' E A DISTANCE OF 742.00 FEET TO THE WEST RIGHT OF-NAY OF PARFET
STREET, THENCE ATA RIGHT ANGLE N OP 25' 3M ALONG SAID WEST RIGHT-OF-WAY OF PARFET STREET A
DISTANCE OF 254.0 0 FEET. THENCE LEAVING SAID RIGHT-OF WAY LINE AT A RIGHT ANGLE 369' 31 FP W A
DISTANCE OF 742.00 FEET TO THE POINT OF BEGINNING.
SUBJECT TO ELECTRIC TRANSMISSION LINES RIGHT OF WAY AS RECORDED IN THE JEFFERSON COUNTY CLERK
AND RECORDERS OFFICE IN BOOK 259 AT PAGE 92.
COUNTY OF JEFFERSON, STATE OF COLORADO.
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GENERAL NOTES.'
1. THIS SURVEY DOES NOT CONSTITUTE A WILE SEARCH BY FARNSWORTH GROUP.
INC., ALLIANT NATIONAL THE INSURANCE COMPANY FILE NO. CT1 W02T,
EFFECTIVE DATE DECEMBER 5, MIT WAS RELIED UPON TO DETERMINE
OWNERSHIP AND TITLE INFORMATION OF RECORD AS WELL AS EASEMENTS AND
RIGHTS WHICH MAY EFFECT THIS PROPERTY BUT PRE NOT GRAPHICALLY
DEPICTED THE FOLLOWING B-2 EXCEPTIONS PRE LISTED IN THE MOVE
REFERENCED TALE COMMITMENT.
18. THESE EXCEPTIONS ARE GENERAL IN NAWRE AND CANNOT BE
GRAPHICALLY DEPICTED.
2. NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL
ACTION BASED UPON ANY DEFECT IN THIS SUREEY WITHIN THREE YEARS AFTER
YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION BASED UPON
ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE
DATE OF THE CERTIFICATION SHOWN HEREON.
3. THIS SURVEY WAS PERFORMED IN THE FIELD ON DECEMBER 12.2005-
4. UTILITY INFORMATION SHOWN HEREON IS FROM APPARENT SURFACE EVIDENCE,
AND THEREFORE MAY NOT BE COMPLETE. UTILITIES ARE SHOWN FOR EVIDENCE
OF POSSIBLE EASEMENTS. INTERESTED PARTIES REQUIRING MORE COMPLETE
LOCATION INFORMATION ARE DIRECTED TO CALL THE UTILITY NOTIFICATION
CENTER OF COLORADO AT 1803522-090] FOR ON SITE MARKING OF
UNDERGROUND UTILITIES.
5. BEARINGS ARE BASED UPON THE NORTH LINE OF THE NORTHANSTQUARTER OF
SECTION 21, TOWNSHIP 3 SOUTH. RANGE 60 WEST OF THE GIN PRINCIPAL
MERIDIAN WHICH IS ASSUMED TO BEAR 389.2626PV AS MONUMENIEO AND
SHOWNHEREON.
6. ACCORDING TO FIRM MAP 0805903215 E. WITH AN EFFECTIVE DATE OF JUNE P,
2003, SUBJECT PROPERTY FALLS IRWN ZONE X ORAREAS DETERMINED W BE
OUTSIDE THE O2% ANNUAL CHANCE FLOODPUIN.
7. SUBJECT PROPERTY IS ZONED AGRICULWRAL REFER TO CITY OF WHEAT RIDGE
COMPREHENSIVE PLAN DATED JANUARY 26W.
0. THERE IS NO OBSERVABLE EVIDENCE OF EARTH MOVING WORK OR SUBJECT
PROPERTY BEING USED AS A SOLID WASTE DUMP, SUMP OR SANITARY LANDFILL..
OWNER: ALP/NE VALLEY SCHOOL
0 IS Y 60
5(O]E: 1'-30'
I HEREBY CERTIFY TO THE Cltt OF WHEAT RIDGE, AND TO CANYON TITLE COMPANY:
THIS IS TO CERTIFY THAT THIS MAP OR PLAT AND THE SURVEY ON WHICH IT IS BASED
WERE MADE IN ACCORDANCE WITH 'MINIMUM STANDARD DETAIL REQUIREMENTS
FOR ALTNACSM 1AND TILE SURVEYS' JOINTLY ESTABLISHED AND ADOPTED BY
ALTA AND NAPS IN 2005. AND INCLUDES ITEMS 1, 2, 4, 8. AND II(B)OF TABLE A
THEREOF. PURSUANT TO THE ACCURACY STANDARDS AS ADOPTED BY ALTA AND
ASPS AND IN EFFECT ON THE DATE OF THIS CERTIFICATION. UNDERSIGNED FURTHER
CERTIFIES THAT IN MY PROFESSIONAL OPINION AS A LAND SURVEYOR REGISTERED
IN THE STATE OF COLORADO. THE RELATIVE POSITIONAL ACCURACY OF THIS SURVEY
DOES NOT EXCEED THAT WHICH IS SPECIFIED THEREIN.
FOR ANDON BEHALF OF FARNSWORTH GROUP.INC.
BY. NATHAN A. VANPAEMDONCK. PEE 38035 ;faT30098'b><+:
FILING CERTIFICATE
DEPOSITED THIS DAY OF ,20 ,AT
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LAND OFFICE AT PAGE(S) . RECEPTION
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