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HomeMy WebLinkAbout02/16/2012City of he a c AGENDA February 16, 2012 Notice is hereby given of a Public Meeting to be held before the City of Wheat Ridge Planning Commission on February 16, 2012, at 7:00 p.m., in the City Council Chambers of the Municipal Building, 7500 West 29th Avenue, Wheat Ridge, Colorado. Individuals vvith disabilities are encouraged to participate in all public meetings sponsored lay the Cio of Wheat Ridge. Call Heather Geyer, public Information Officer at 303-235-2876 at least one week in advance of a meeting if you are interested in participating and need inclusion assistance. i1 gfflmjfflu ova Im"MMICOXII alibi 4. APPROVE THE ORDER OF THE AGENDA (Items of new and old business may be recommended for placement on the agenda.) 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.) A. Case No. MS -11 -07 (continued Lrom FebruarE 2. 201;): An application filed by Carl Flageolle for a 3-lot subdivision plat on property zoned Residential-Two (R-2) and located at 6130-6160 West 35th Avenue. B. Case No. ZOA-I 1-05 to be continued inde Ltnit&: An ordinance amending Chapter 26 concerning major activity notice requirements, ?� » <. <:.$$' ■! . . . y ... ; . � .� <. � ■ © 2 �� �. � ■. , . , �. : ». . � . 4�.,? . :�.z ■ «� . �4�� � <. °; ... ©��. 4 � ,� ,. Commission Members Present: . t �,.. . .,,,: y. !T and seconded by Commissioner OHM to ,,, c. ta�, ;.,• ,. otion carried a � ,,,$�. .a ���<2 � <.° ... • | It w as moved a 91 a Meredith Reckert reported that the applicant was not fully prepared for the case to be heard at this time and was amenable to continuing. It was moved by Commissioner NLAXTHEWS and OHM to continue Case No. MS-11-07 to the Plan February 16, 2012. Motion carried 5-0. This item was presented by Mej option of excluding Itself from cooperative Pow ""'i," , "j -or W �c staff county and th building permit by Commissioner fission meeting of As a M ru le city, Wheat Ridge has the e vs dictat State statute. One of the A d froth . ... - h is the requirement for lie std y,,,,,..jKequires a city to notify both the fig any o change, subdivision or ad or more. While most development sere are occasions where this noticing iese was the Clear Creek Crossing land use ordinance that would exclude the city from • Informati6n, could be',sent to the county and state geologist as a courtesy. • In responseto, 4, q4e§tjon as to whether the statutes are related to bentonite soil, Ms. Reckert stated hoi,,,tifiderstanding that the main concern is with subsurface mineral resources. She will look further into this question. She also commented that soil studies are typically required for development and these would reveal the presence of bentonite. Planning Commission Minutes - 2 - February 2, 2012 • Ms. Reckert commented that the city must require a certification for applicants regarding mineral rights on property subject to land use cases. She will research to see if this meets the statute's concerns. • One Commissioner commented that, as a proponent of home rule, there would be no objection to the proposed ordinance. 10 I v 10 101 61F Alan Bucknam, Chair M= Planning Commission Minutes -3- February 2, 2012 City of Wheat idg MMUN1Ty D EVELOPMENT CITY OF WHEAT RIDGE COMMUNITY DEVELOPMENT STAFF REPORT TO: Planning Commission CASE MANAGER: M. Reckert DATE OF MEETING: February 16, 2012 CASE NO. & NAME: MS -11 -07 /Flageolle ACTION REQUESTED: Approval of a three lot minor subdivision on R -2 zoned property LOCATION OF REQUEST: 6130 West 35 Avenue and property south of 6160 W. 35th APPLICANT: Carl Flageolle PROPERTY OWNER: Craig Flageolle for Flageolle Real Estate Trust PRESENT ZONING: R -2, Residential -Two CURRENT USE: single family dwelling, accessory structures, vacant land ENTER INTO RECORD: SUBDIVISION REGULATIONS CASE FILE & PACKET MATERIALS ZONING ORDINANCE DIGITAL PRESENTATION Planning Commission NI S -1 1- 07/Flageolle All notification and posting requirements have been met; therefore, there is jurisdiction to hear this case. 1. REQUEST The applicant is requesting approval of a three -lot minor subdivision on R -2 zoned property located at 6130 W. 35' Avenue and vacant land south of 6160 W. 35' Avenue. The purpose of the request is to legitimize an existing house's accessory structure and to create two parcels for single family construction. Because this is a minor subdivision with no right -of -way dedication, Planning Commission is the final authority for approval. I1. EXISTING CONDITIONS The property is approximately 2.07 acres in size, is zoned R -2 and is located at the southeast quadrant of W. 35' Avenue and Jay Street. The properties involved in the subdivision include parcels owned by the extended Flageolle family ( Flageolle Real Estate Trust). (Exhibit 1, aerial photo) These properties include the following, as identified by the Jefferson County Assessor (see attached map): - 3470 Jay Street: This parcel is 12,629 square feet and is part of the Littlejohn Subdivision which was approved in 1994. The lot contains a single - family home which according the Jefferson County Assessor was originally constructed in 1939 and improved in 1977. Building permit records indicate an addition was completed in 2000. - 6160 W. 35' Avenue: The northern portion of the property includes a single family home with frontage on W. 35 Avenue. It was originally constructed in 1939, improved in 1963, and most recently had an addition in 1997. Accessory structures include a carport, a detached garage, and an oversized shed/covered patio which extends over the property line with the vacant parcel to the south. - 6130 W. 35` Avenue: The northern portion of the property includes a single family home originally constructed in 1939. A Certificate of Occupancy (C.O.) was issued in 1993 for an addition to the home. The southern portion of this property includes a detached 1,000 square foot garage, for which a building permit was issued in 1992. Vacant land south of 6160, 6154 and 6138 W. 35 Avenue: This area is currently undeveloped. There is a drainage swale running along the southern boundary of the site which accommodates /captures local drainage. The terminus of the cul -de -sac bulb for Ingalls Street abuts the property from the south. The property is surrounded on all sides with R -2 zoning, developed primarily with single family dwellings with a few duplexes sprinkled in. III. PROPOSED SUBDIVISION PLAT The proposed plat will subdivide the property into two new lots and consolidate a portion of the vacant property with 6130 W. 35 to legitimize the large garage built to the south of the house. Per the zoning and development code, accessory structures cannot be on property without a primary structure. Planning Commission 2 MS- 11- 07/Flageolle This piece is identified as Lot 3 of the plat and has direct access to West 35` Avenue. There is existing curb, gutter and sidewalk on 35` fronting 6130 W. 35` Avenue. (Exhibit 2, Plat). The other two lots will access Jay Street via a private drive. Section 26 -609 (Access to Public Streets) allows up to four dwelling units on a private drive as long as the access is at least 20' in width and paved. Staff would note that the access easement should be increased in width from 15' as show on the plat document to 20'. The access easement could be combined with the adjacent 10' wide water line easement to meet this requirement. Both Lots 1 and 2 are large enough to accommodate two - family structures. New construction on these properties will have to be compliant with setbacks and lot coverage for the R -2 district. Tract A is being created so that the existing accessory structures on it can be used by the owner of 6160 W. 35` The intent of this tract is described in note 6. The City's standard utility language and general easement reservations have been shown. No right -of- way dedications are required; however, approval of the subdivision is incumbent on numerous easements located off of the property. This would include a water line easement and an access easement across 3470 Jay Street (discussed above). An access and utility easement above the northwestern portion of the Ingalls Street cul -de -sac is being provided for emergency access. A utility easement at the top middle portion of the same cul -de -sac has been obtained for extension of a water line from Ingalls to the newly created lots. Copies of these easements have been provided to City staff. Staff has reviewed and approved the easements but they must be recorded and referenced on the plat document prior to plat recording. V. AGENCY REFERRALS All affected service agencies were contacted regarding the ability to serve the property. All have indicated that they can serve the property subject to required improvements constructed by the property owner. Specific referral responses follow. Wheat Ridge Water: Can serve. Wheat Ridge Fire: Can serve. Xcel Energy: Can serve. Wheat Ridge Public Works: The Public Works Department has reviewed the proposed plat and has minor comments which must be addressed. Security for utility improvements must be provided prior to plat recording. A Homeowners Association Maintenance agreement will be required to ensure proper maintenance of improvements and their respective easements both on and off -site. Wheat Ridge Parks and Recreation Commission: Will require fees in lieu of parkland dedication for the two new single family homes at the time of plat recording. VI. STAFF CONCLUSIONS AND RECOMMENDATION Staff concludes that with the widening of the access easement from Jay, all appropriate off -site easements have been procured but must be recorded and reflected on the plat. Staff further concludes Planning Commission MS- 11- 07/Flageolle that all agencies can provide service to the property with improvements installed at the developer's expense. Because all requirements of the subdivision regulations have been met, a recommendation of Approval is given with conditions listed below. VII. SUGGESTED MOTIONS: Option A: "I move to APPROVE Case No. MS- 11 -07, a request for approval of a three lot minor subdivision on R -2 zoned property located at 6130 W. 35` Avenue and south of 6160 W. 35th Avenue, for the following reasons: 1. All agencies can provide service to the property with improvements installed at the developer's expense. 2. All requirements of Article IV of the zoning and development code have been met. With the following conditions: 1. The access easement from Jay be increased to at least 20' in width. 2. All appropriate off -site easements be recorded and reflected on the plat. 3. A cash bond for future utilities and covenants for common elements maintenance be provided prior to recording. 4. Fees in lieu of parkland dedication be provided prior to recording. 5. Minor language and typographical errors be corrected prior to mylar recording." Option B: "I move to DENY Case No. MS- 11 -07, a request for approval of a three lot minor subdivision on R -2 zoned property located at 6130 W. 35` Avenue and south of 6160 W. 35` Avenue, for the following reasons: 2 3. Planning Commission 4 MS- 11- 07/Flageolle t ' w� 3470 rr i, V . ors M Z ail1 EXHIBIT I �.. 7 %Ml ; VICINITY MAP 1 " -300' I, JEROME J. FLAGEOLLE, FOR AND ON BEHALF OF FLAGEOLLE REAL ESTATE TRUST, GERALD J. FLAGEOLLE AND LAURA M. FLAGEOLLE, BEING THE OWNER(S) OF REAL PROPERTY CONTAINING 90,140.42 SQ.FT OR OR 2.0693 ACRES DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTER QUARTER CORNER OF SECTION 255, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH P.M., WHENCE THE WEST QUARTER CORNER OF SAID SECTION 25 BEARS S 89'41'58" W FORMING THE BASIS OF BEARING FOR THIS DESCRIPTION, THENCE ALONG THE SOUTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 25, S 89 °41'58" W A DISTANCE OF 661.14 FEET; THENCE N 00'20'28" W ALONG THE NORTH SOUTH CENTERLINE OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 25 A DISTANCE OF 994,99 FEET; THENCE N 89 °46'15" E ALONG THE SOUTH LINE OF THE LITTLEJOHN SUBDIVISION AS RECORDED IN THE JEFFERSON COUNTY CLERK AND RECORDERS OFFICES UNDER RECEPTION NUMBER 94009016, A DISTANCE OF 118.00 FEET TO THE POINT OF BEGINNING; THENCE N 00'20'29" W ALONG THE EASTERLY LINE OF SAID LITTLEJOHN SUBDIVISION A DISTANCE OF 154.00 FEET; THENCE N 89'46'15" E A DISTANCE OF 200.01 FEET; THENCE S OOTC28" E A DISTANCE OF 4.00 FEET; THENCE N 89'46'15" E A DISTANCE OF 49.99 FEET; THENCE N 00'20'29" W A DISTANCE OF 156.51 FEET TO A POINT ON THE SOUTHERLY RIGHT OF WAY LINE OF WEST 35TH AVENUE; THENCE N 89'47'40" E ALONG SAID SOUTHERLY RIGHT OF WAY LINE A DISTANCE OF 53.01 FEET; THENCE S 00'02'28" E A DISTANCE OF 306.49 FEET TO A POINT ON THE NORTHERLY LINE OF THE MORRIS SUBDIVISION AS RECORDED IN THE OFFICES OF THE JEFFERSON COUNTY CLERK AND RECORDED IN BOOK 9 AT PAGE 36; THENCE ALONG THE SOUTHERLY LINE OF SAID MORRIS SUBDIVISION S 89'46'15" W A DISTANCE OF 303.01 FEET TO THE POINT OF BEGINNING. HAVE LAID OUT, SUBDIVIDED AND PLATTED SAID LAND AS PER THE DRAWING HEREON CONTAINED UNDER THE NAME AND STYLE OF GEOLLE S BI�DIVION A SUBDIVISION OF A PART OF THE CITY OF WHEAT RIDGE, COLORADO AND BY THESE PRESENTS DO DEDICATE TO THE CITY OF WHEAT RIDGE AND THOSE MUNICIPALLY OWNED AND /OR MUNICIPALLY FRANCHISED UTILITIES AND SERVICES THOSE PORTIONS OF REAL PROPERTY SHOWN AS EASEMENTS FOR THE CONSTRUCTION, INSTALLATION, OPERATION, MAINTENANCE, REPAIR AND REPLACEMENT FOR ALL SERVICES. THIS INCLUDES BUT IS NOT LIMITED TO TELEPHONE AND ELECTRIC LINES, GAS LINES, WATER AND SANITARY SEWER LINES, HYDRANTS, STORM WATER SYSTEMS AND PIPES, DETENTION PONDS, STREET LIGHTS AND ALL APPURTENANCES THERETO. GERALD J. FLAGEOLLE 6130 WEST 35TH AVENUE WHEAT RIDGE COLORADO STATE OF COLORADO } SS COUNTY OF JEFFERSON } THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS - -S AY OF A.D. 2011 BY — WITNESS MY HAND AND OFFICIAL SEAL. MY COMMISSION EXPIRES: NOTARY PUBLIC LAURA M. FLAGEOLLE 6130 WEST 35TH AVENUE WHEAT RIDGE COLORADO STATE OF COLORADO } SS COUNTY OF JEFFERSON THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS ----DAY OF A.D. 2011 WITNESS MY HAND AND OFFICIAL SEAL MY COMMISSION EXPIRES: NOTARY PUBLIC JEROME J. FLAGEOLLE, FOR AND ON BEHALF OF FLAGEOLLE REAL ESTATE TRUST STATE OF COLORADO ) SS COUNTY OF JEFFERSON THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS D AY OF A.D. 2011 BY- WITNESS MY HAND AND OFFICIAL SEAL MY COMMISSION EXPIRES: NOTARY PUBLIC CITY CER APPROVED THIS DAY OF 2011 BY THE CITY OF WHEAT RIDGE. �T,►a�lil T�IFIrI{ 7kli�it7�AIRs ]J�I�t�tr�Ilca�3i +I[r BY: LINE DEPUTY — BEAR L1 4.00 SOO'20'28 "E L2 53.01 N89 "E PREPARED BY: _ oN KURT LINN AND ASSOCIATES 8790 WEST COLFAX AVENUE, UNIT 20 LAKEWOOD, CO. 80215 303 - 233 -1171 237 -1893 (fax) JOB # 1110 -07 z U) DATE OF PREPARATION; OCTOBER 22, 2011 CITY COMMENTS: DECEMBER 30, 2411 { 10' UTILITY EASEMENT EASEMENT HEREBY CREATED BY THIS LINE TABLE LINE LENGTH — BEAR L1 4.00 SOO'20'28 "E L2 53.01 N89 "E t -1 INDICATES INDICATES INDICATES INDICATES INDICATES INDICATES INDICATES - I NDICATES EASEMENT LINE ALIQUOT SECTION LINE BOUNDARY LINE DEED LINE TO BE REMOVED PROPOSED LOT LINE 35' ACCESS/ DRAIANGE /UTILITY EASEMENT LINE 3.75' USE - ENCROACHMENT EASEMENT LINE CENTERLINE EXISTING DITCH REC, No. F0130848 REC, No. F0797276 LO1 2 ZONED R -2 ZONED R -2 BLOCK1 LITTLEJOHN z NW CORNER CORNER SEC. 25, T32, R69W END 3 1/4" BRASS CAP W RANGE BOX CITY OF WHEATRIDGE PLS 13212 N: 705840.0296 E: 121076.8543 ID# 15809 e N1 SJ LOT 1 I z r- M o r LOT 2 LO h� w I.. LlJ CD 15,400 s ft. _ oN M, BLOCK1 — 1 I: w w z MC z U) 0.3192 acres 0 I C O tp z I - 0 WEST J5TH AVENUE J 0 I 7PATIO VERED �.. 0 z 50' ROW Q _ ' 41 ---------------------- L2 S I — o 0 V) T ® L ® ® I � 41.5' N N N C3 COVERED �_• 0 Ln POR CH 0 0 C J ifl w C-4 o I o � t _ . D N / w >Q a b z Co U LOT 1 I z r- M o r LOT 2 LO N w I.. LlJ CD 15,400 s ft. _ oN 00 BLOCK1 — 1 I: w w z z U) 0.3192 acres 0 I C O tp z I - 0 LLJ LID J 0 I 7PATIO VERED �.. 0 z Q SUBDIVISION ° a ZONED R -2 0 m a " I z _ 12.1' a DEED LINE o � S Po zs'� M -4 N 89'46'15'" E HEREBY REMOVED IE N 69 E� 200.01 �1 g9.99 . fBY t PLAT 0 o WOOD r NCE 10 00 - __ _ o o BLOCK 100.01 o TOP of BLOCK wAll rs WALL u7 I LOT 3 I; w rl -- - -1 0.01 I 23,746 sq. ft. z � — TRACT A I 0.5451 acres uP � I. o N 1,500 sq. fit. 1 ° o ° m I 0.0344 acres I:, z °O m - 26.2' N C) a5 h -" w I. m R z o Lo b ry 0 r It w I M p N - o a tj C N C °� 5.0' � o I zi L LOT 1 I I� r r LOT 2 LO LOT 1 I I . 15,400 s ft. BLOCK1 — 1 13,904 sq. ft. w w w w q LITTLEJOHN 0 0.3192 acres 0 w SUBDIVISION L I y O 9- � ® m I o 10.0' - 35' ACCESS /DRAINAGE /UTILITY j EASEMENT HEREBY CREATED BY THfS PLAT z W 10' WATER EASEMENT z v i 3 5.0 REC.NO. - - -- - F - - -- ----- -- 15' ESS EASEMEM - , - ACC EL DRIVE ) REr.NO._ - - - I 35.0' - ua 5.0' _-CE D DI e._ -- -- - C CONCRETE WALL I I m I an N 0) W m Z uj ui fi c c o q i� b I® WEST QTR. CORNER SEC. 25, T3S R69W FOUND 3 3/4" BRASS CAP CITY OF WHEAT RIDGE IN RANGE BOX PLS 32429 I E -1: 5' UTILITY EASEMENT HEREBY CREATED BY THIS PLAT O M -1: FOUND 1 1/4" PLASTIC CAP ON No. 5 REBAR PLS 9010 BURDICK S 46 °32'55" E 0.26' FROM CORNER O M - FOUND I 1/4-" PLASTIC CAP ON No. 5 REBAR P 9010 BURDICK N89 " 5"E � 0 i6 FROM CORNER 0 M -3: FOUND 1 `/4" PLASTIC CAP ON No. 5 REBAR PLS 9010 BURDICK N 67 °36'40" E 0.11' FROM CORNER O M -4: FOUND 1 1 :/4" PLAST CAP ON No. 5 REBAR PLS 9010 BURDICK S S 1.557'28" E 0.60' FROM CORNER + M -5: FOUND CHISLED CROSS IN CONC. DRIVE S 15'57'28" E 0.10' FROM CORNER Q M -5: SET 1 1/4" PLASTIC CAP ON No. 5 REBAR / 1" BRASS TAG PLS 29048 6b1.14' _ 2644.56' - -- - S89'41'58 "W SOUTH LINE NIA 114, SEC 25, T.3S, R69W BASIS OF BEARING r tr r k _. - - 1 3.00' = a 303.011 WOOD FENCE UTILITY ACCESS /UTILITY EASEMENT EASEMENT Ir REC.NO, v l I� k i k 1' r, r O r U) -.0 C7 �f r r t k� I r I I a t k k I I P.O.C. CTR. QTR. SEC, 25, T3S R69W FOUND 3 1/4" BRASS CAP CITY OF WHEAT RIDGE IN RANGE BOX PLS 28279 LOT 4 MORRIS SUBDIVISION ZONED R -2 Co -t N 1 N w o rn p a z z O N U w tr W 1/4 CORNER $8 SEC. 25, T32, R69W FND 3 3/4" BRASS CAP IN RANGE BOX CITY OF WHEATRIDGE PLS 32429 N: 703180.1942 E: 121095.9575 ID# 16809 ANC 1. DATE OF SURVEY: OCTOBER 13. 18 2011. 2. AREA OF PROPERTIES SURVEYED: 54,548.27 SO. FT. 1.2523 ACRES NW CORNER CORNER SEC, 25, T32, R69W FND 3 1/4" BRASS CAP IN RANGE BOX CITY OF WHEATRIDGE PLS 13212 N: 705845.1409 E: 123725.7908 ID# 15909 2648.94' A P.O.C. 2644.56' cTR 1 SEC. 25, T32, R69W FND 3 1/4" BRASS CAP IN RANGE BOX CITY OF WHEATRIDGE PLS 13212 N: 703194.0624 E: 123740.4785 ID# 16909 3. NOTICE: ACCORDING TO COLORADO LAW, YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY 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. 4. BEARINGS ARE BASED ON THE FOUND 3 1/4 BRASS CAP AT THE EAST QUARTER CORNER OF SECTION 25, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 8TH P.M. AND A FOUND 3 3j4" BRASS CAP AT THE WEST QUARTER CORNER OF SECTION 25, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH P.M. FORMING THE SOUTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 23, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH P.M. ASSUMED TO BE S89'41'58 "W 2644.56' PER THE CITY OF WHEAT RIDGE CONTROL MONUMENT NETWORK. NAD 83, MODIFIED STATE PLANE COORDINATE SYSTEM. COMBINED SCALE FACTOR OF 1.00025226062 5. NOTICE: ANY PERSON WHO KNOWINGLY REMOVES, ALTERS OR DEFACES ANY PUBLIC LAND SURVEY MONUMENT, OR LAND BOUNDARY MONUMENT OR ACCESSORY, COMMITS A CLASS 2 MISDEMEANOR PURSUANT TO STATE STATUTE 18 -4 -508. 6. THE PURPOSE OF THIS MINOR SUBDIVISION PLAT IS TO CREATE A 3 LOT SUBDIVISION WITHIN BLOCK 4, HIGHLAND GARDENS SUBDIVISION, CREATE A USE AND ENCROACHMENT EASEMENT ENCOMPASSING A BRICK GARAGE, CONCRETE DRIVEWAY AND WOODEN FENCE FOR LOT 5, MORRIS SUBDI VISION. CREATE A DRAINAGE /ACCESS AND UTILITY EASEMENT ALONG THE SOUTHERLY LINES OF LOTS 1 AND 2 AND TO CREATE TRACT A FOR FUTURE CONVEYANCE DUE TO EXISTING STRUCTURES FROM 6160 WEST 35TH AVENUE AS SHOWN HEREON. 7. THERE ARE NO PUBLIC RIGHTS OF WAYS BEING DEDICATED BY THIS PLAT. 8. THE SUBJECT PROPERTY IS LOCATED WITHIN AN AREA HAVING A ZONE DESIGNATION X BY THE FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA), ON FLOOD PLANE MAP NO. 08059CO214 E, WITH A DATE OF IDENTIFICATION OF JUNE 17, 2003., FOR COMMUNITY NO. 080579 E. IN JEFFERSON COUNTY, STATE OF COLORADO, WHICH IS THE CURRENT FLOOD INSURANCE RATE MAP FOR THE COMMUNITY IN WHICH THE PROPERTY IS SITUATED 9. THE SUBJECT PARCEL IS ZONED R -2, PER THE CITY OF WHEAT RIDGE ZONING MAP DATED FEBRUARY 20, 2010. 10. KURT LINN & ASSOCIATES. DID NOT PERFORM A TITLE SEARCH OF THE SUBJECT PROPERTY TO ESTABLISH OWNERSHIP, EASEMENTS OR RIGHTS -OF -WAY OF RECORD. NO TITLE POLICY OR COMMITMENT WAS PROVIDED TO ESTABLISH THE EXISTENCE THEREOF. BOUNDARIES AND EASEMENTS SHOWN HEREON ARE PER THE RECORD PLAT. THE GEODETIC CONTROL DATA SHOWN HEREIN HAS BEEN DERIVED FROM THE COLORADO COORDINATE SYSTEM OF 1983, CENTRAL ZONE 0502, AND HAS A HORIZONTAL ACCURACY CLASSIFICATION OF 0.06, US SURVEY FEET AT THE 95% CONFIDENCE LEVEL AS DEFINED IN THE GEOSPATIAL POSITIONING ACCURACY STANDARDS OF THE FEDERAL GEODETIC CONTROL SUBCOMMITTEE (FODC- STD -007.2 -1998) EASSWENT NOM A THIRTY FIVE FOOT (35') WIDE ACCESS/DRAINAGE AND UTILITY EASEMENT(S) ARE HEREBY GRANTED ON PRIVATE PROPERTY ADJACENT TO AND ALONG THE NORTH LINE OF SAID MORRIS SUBDIVISION, FIVE -FOOT (5') WIDE EASEMENTS ARE HEREBY GRANTED ON PRIVATE PROPERTY ADJACENT TO ALL SIDE LOT LINES OF EACH LOT IN THE SUBDIVISION OR PLATTED AREA. AND IS DEDICATED FOR THE INSTALLATION, MAINTENANCE, AND REPLACEMENT OF ELECTRIC, GAS, TELEVISION CABLE, DRAINAGE AND TELECOMMUNICATIONS FACILITIES ALONG WITH PRIVATE DRIVES. UTILITIES SHALL ALSO BE PERMITTED WITHIN ANY ACCESS EASEMENTS AND PRIVATE STREETS IN THE SUBDIVISION. PERMANENT STRUCTURES AND WATER METERS SHALL NOT BE PERMITTED WITHIN SAID ACCESS /DRAINAGE AND UTILITY EASEMENTS. ALL PRIVATE DRIVES ARE TO BE MAINTAINED BY EACH LOT OWNER AND NO FENCES /GATES ARE TO CROSS SAID ACCESS EASEMENT. EASEMENTS AS CREATED BY THIS PLAT ARE SHOWN AND NOTED HEREON. THE OWNER, HIS SUCCESSORS AND ASSIGNS GRANTS LIMITED RIGHTS AND PRIVILEGES TO ACCESS AND TO FREE MOVEMENT THROUGH THOSE AREAS INDICATED AS 'CROSS- ACCESS /INGRESS - EGRESS EASEMENTS', AS ILLUSTRATED UPON THIS PLAT. SUCH GRANT OF EASEMENT SHALL BE LIMITED TO THE OWNERS, TENANTS, CUSTOMERS, AND GUESTS OF THE OWNERS, AND SHALL FURTHERMORE GRANT ACCESS TO AND FREE MOVEMENT THROUGH SAID EASEMENTS TO THOSE ENTERING SAID EASEMENTS FROM SIMILARLY RECORDED EASEMENTS FROM ADJACENT PROPERTIES AND /OR FROM ABUTTING PUBLIC STREETS. SUR ° S i7t7CATE GE I, GORDON S. PAGE III DO HEREBY CERTIFY THAT THE SURVEY OF THE BOUNDARY OF ELAOLI F SUBDIVISION, WAS MADE BY ME OR UNDER MY DIRECT SUPERVISION AND TO THE BEST OF MY KNOWLEDGE, INFORMATION AND BELIEF, IN ACCORDANCE WITH ALL APPLICABLE COLORADO STATUTES, CURRENT REVISED EDITION AS AMENDED, THE ACCOMPANYING PLAT ACCURATELY REPRESENTS SAID SURVEY. GORDON S. PAGE III PLS 29048 KURT LINN & ASSOCIATES 8790 W COLFAX AVE, #20 LAKEWOOD CO. 80215 303 233 -1171 W roD F NC 10d _.._._ 93 .__e_- -- a w :. CONCRETE M-2 N89'46 15'E 118.00 P.O.B. M - ; 3.75' 2 T i S89 DR VE 10' DRAINAGE EASEMENT s TRACT B e r - -- 3 REC, No. 83107610 i j a o I✓ ' BRICK GARAGE a LOT 5 MORRIS SUBDIVISION REC, No. F0130848 ; 70NFD R -? r' ZONED R -2 6b1.14' _ 2644.56' - -- - S89'41'58 "W SOUTH LINE NIA 114, SEC 25, T.3S, R69W BASIS OF BEARING r tr r k _. - - 1 3.00' = a 303.011 WOOD FENCE UTILITY ACCESS /UTILITY EASEMENT EASEMENT Ir REC.NO, v l I� k i k 1' r, r O r U) -.0 C7 �f r r t k� I r I I a t k k I I P.O.C. CTR. QTR. SEC, 25, T3S R69W FOUND 3 1/4" BRASS CAP CITY OF WHEAT RIDGE IN RANGE BOX PLS 28279 LOT 4 MORRIS SUBDIVISION ZONED R -2 Co -t N 1 N w o rn p a z z O N U w tr W 1/4 CORNER $8 SEC. 25, T32, R69W FND 3 3/4" BRASS CAP IN RANGE BOX CITY OF WHEATRIDGE PLS 32429 N: 703180.1942 E: 121095.9575 ID# 16809 ANC 1. DATE OF SURVEY: OCTOBER 13. 18 2011. 2. AREA OF PROPERTIES SURVEYED: 54,548.27 SO. FT. 1.2523 ACRES NW CORNER CORNER SEC, 25, T32, R69W FND 3 1/4" BRASS CAP IN RANGE BOX CITY OF WHEATRIDGE PLS 13212 N: 705845.1409 E: 123725.7908 ID# 15909 2648.94' A P.O.C. 2644.56' cTR 1 SEC. 25, T32, R69W FND 3 1/4" BRASS CAP IN RANGE BOX CITY OF WHEATRIDGE PLS 13212 N: 703194.0624 E: 123740.4785 ID# 16909 3. NOTICE: ACCORDING TO COLORADO LAW, YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY 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. 4. BEARINGS ARE BASED ON THE FOUND 3 1/4 BRASS CAP AT THE EAST QUARTER CORNER OF SECTION 25, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 8TH P.M. AND A FOUND 3 3j4" BRASS CAP AT THE WEST QUARTER CORNER OF SECTION 25, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH P.M. FORMING THE SOUTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 23, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH P.M. ASSUMED TO BE S89'41'58 "W 2644.56' PER THE CITY OF WHEAT RIDGE CONTROL MONUMENT NETWORK. NAD 83, MODIFIED STATE PLANE COORDINATE SYSTEM. COMBINED SCALE FACTOR OF 1.00025226062 5. NOTICE: ANY PERSON WHO KNOWINGLY REMOVES, ALTERS OR DEFACES ANY PUBLIC LAND SURVEY MONUMENT, OR LAND BOUNDARY MONUMENT OR ACCESSORY, COMMITS A CLASS 2 MISDEMEANOR PURSUANT TO STATE STATUTE 18 -4 -508. 6. THE PURPOSE OF THIS MINOR SUBDIVISION PLAT IS TO CREATE A 3 LOT SUBDIVISION WITHIN BLOCK 4, HIGHLAND GARDENS SUBDIVISION, CREATE A USE AND ENCROACHMENT EASEMENT ENCOMPASSING A BRICK GARAGE, CONCRETE DRIVEWAY AND WOODEN FENCE FOR LOT 5, MORRIS SUBDI VISION. CREATE A DRAINAGE /ACCESS AND UTILITY EASEMENT ALONG THE SOUTHERLY LINES OF LOTS 1 AND 2 AND TO CREATE TRACT A FOR FUTURE CONVEYANCE DUE TO EXISTING STRUCTURES FROM 6160 WEST 35TH AVENUE AS SHOWN HEREON. 7. THERE ARE NO PUBLIC RIGHTS OF WAYS BEING DEDICATED BY THIS PLAT. 8. THE SUBJECT PROPERTY IS LOCATED WITHIN AN AREA HAVING A ZONE DESIGNATION X BY THE FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA), ON FLOOD PLANE MAP NO. 08059CO214 E, WITH A DATE OF IDENTIFICATION OF JUNE 17, 2003., FOR COMMUNITY NO. 080579 E. IN JEFFERSON COUNTY, STATE OF COLORADO, WHICH IS THE CURRENT FLOOD INSURANCE RATE MAP FOR THE COMMUNITY IN WHICH THE PROPERTY IS SITUATED 9. THE SUBJECT PARCEL IS ZONED R -2, PER THE CITY OF WHEAT RIDGE ZONING MAP DATED FEBRUARY 20, 2010. 10. KURT LINN & ASSOCIATES. DID NOT PERFORM A TITLE SEARCH OF THE SUBJECT PROPERTY TO ESTABLISH OWNERSHIP, EASEMENTS OR RIGHTS -OF -WAY OF RECORD. NO TITLE POLICY OR COMMITMENT WAS PROVIDED TO ESTABLISH THE EXISTENCE THEREOF. BOUNDARIES AND EASEMENTS SHOWN HEREON ARE PER THE RECORD PLAT. THE GEODETIC CONTROL DATA SHOWN HEREIN HAS BEEN DERIVED FROM THE COLORADO COORDINATE SYSTEM OF 1983, CENTRAL ZONE 0502, AND HAS A HORIZONTAL ACCURACY CLASSIFICATION OF 0.06, US SURVEY FEET AT THE 95% CONFIDENCE LEVEL AS DEFINED IN THE GEOSPATIAL POSITIONING ACCURACY STANDARDS OF THE FEDERAL GEODETIC CONTROL SUBCOMMITTEE (FODC- STD -007.2 -1998) EASSWENT NOM A THIRTY FIVE FOOT (35') WIDE ACCESS/DRAINAGE AND UTILITY EASEMENT(S) ARE HEREBY GRANTED ON PRIVATE PROPERTY ADJACENT TO AND ALONG THE NORTH LINE OF SAID MORRIS SUBDIVISION, FIVE -FOOT (5') WIDE EASEMENTS ARE HEREBY GRANTED ON PRIVATE PROPERTY ADJACENT TO ALL SIDE LOT LINES OF EACH LOT IN THE SUBDIVISION OR PLATTED AREA. AND IS DEDICATED FOR THE INSTALLATION, MAINTENANCE, AND REPLACEMENT OF ELECTRIC, GAS, TELEVISION CABLE, DRAINAGE AND TELECOMMUNICATIONS FACILITIES ALONG WITH PRIVATE DRIVES. UTILITIES SHALL ALSO BE PERMITTED WITHIN ANY ACCESS EASEMENTS AND PRIVATE STREETS IN THE SUBDIVISION. PERMANENT STRUCTURES AND WATER METERS SHALL NOT BE PERMITTED WITHIN SAID ACCESS /DRAINAGE AND UTILITY EASEMENTS. ALL PRIVATE DRIVES ARE TO BE MAINTAINED BY EACH LOT OWNER AND NO FENCES /GATES ARE TO CROSS SAID ACCESS EASEMENT. EASEMENTS AS CREATED BY THIS PLAT ARE SHOWN AND NOTED HEREON. THE OWNER, HIS SUCCESSORS AND ASSIGNS GRANTS LIMITED RIGHTS AND PRIVILEGES TO ACCESS AND TO FREE MOVEMENT THROUGH THOSE AREAS INDICATED AS 'CROSS- ACCESS /INGRESS - EGRESS EASEMENTS', AS ILLUSTRATED UPON THIS PLAT. SUCH GRANT OF EASEMENT SHALL BE LIMITED TO THE OWNERS, TENANTS, CUSTOMERS, AND GUESTS OF THE OWNERS, AND SHALL FURTHERMORE GRANT ACCESS TO AND FREE MOVEMENT THROUGH SAID EASEMENTS TO THOSE ENTERING SAID EASEMENTS FROM SIMILARLY RECORDED EASEMENTS FROM ADJACENT PROPERTIES AND /OR FROM ABUTTING PUBLIC STREETS. SUR ° S i7t7CATE GE I, GORDON S. PAGE III DO HEREBY CERTIFY THAT THE SURVEY OF THE BOUNDARY OF ELAOLI F SUBDIVISION, WAS MADE BY ME OR UNDER MY DIRECT SUPERVISION AND TO THE BEST OF MY KNOWLEDGE, INFORMATION AND BELIEF, IN ACCORDANCE WITH ALL APPLICABLE COLORADO STATUTES, CURRENT REVISED EDITION AS AMENDED, THE ACCOMPANYING PLAT ACCURATELY REPRESENTS SAID SURVEY. GORDON S. PAGE III PLS 29048 KURT LINN & ASSOCIATES 8790 W COLFAX AVE, #20 LAKEWOOD CO. 80215 303 233 -1171 W roD F NC 10d _.._._ 93 .__e_- -- a w :. CONCRETE M-2 N89'46 15'E 118.00 P.O.B. M - ; 3.75' 2 T i S89 DR VE 10' DRAINAGE EASEMENT s TRACT B e r - -- 3 REC, No. 83107610 i j a o I✓ ' BRICK GARAGE a LOT 5 MORRIS SUBDIVISION REC, No. F0130848 ; 70NFD R -? r' ZONED R -2 City Of " �C omMUNITY DEVELOPMENT Memorandum TO: Planning Commission FROM: Meredith Reckert, Senior Planner DATE: February 10, 2012 SUBJECT: Case No. ZOA -11 -05 /Major Activity Notice Please be advised that Staff is recommending continuance of Case No. ZOA -11 -05 (Major Activity Notice) indefinitely.