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HomeMy WebLinkAbout09/06/2001CITY OF WHEAT RIDGE PLANNING COMMISSION Minutes of Meeting August 16, 2001 I CALL THE MEETING TO ORDER The meeting was called to order by Chair McNAMEE at 7:3 0 p.m., August 16, 200 1, in the City Council Chambers of the Municipal Building, 7500 West 29th Avenue, Wheat Ridge, Colorado. 2. ROLL CALL Commission Members Present: ## 0 & 3. PLEDGE OF ALLEGIANCE Mark Miller (resigned) The following is the official set of Planning Commission minutes for the public hearing of August 16, 2001. A set of these minutes is retained both in the office of the City Clerk and in the Department of Planning and Development of the City of Wheat Ridge, 4. APPROVE ORDER OF AGENDA It was moved by Commissioner SNOW and seconded by Commissioner COOPER to amend the agenda to include discussion of the Fightmaster property. The motion passed 5. APPROVE MINUTES It was moved by Commissioner SNOW and seconded by Commissioner WEISZ to approve the minutes of July 19, 2001. The motion passed 6-0 with Commissioner THOMPSON abstaining. 6. PUBLIC FOR There was no one to appear before the Commission Planning Commission Page I August 16, 2001 Commissioner SNOW commented that the 5-foot setback should apply to all residential zones and not commercial zones. Alan White explained that it is covered in Section 26- 611. Commissioner WEISZ comme to residential or commercial. Alan White asked if it was their intent to change Section 26-611 to differentiate between residential and commercial. I&W. - # Ittft - i# you are buying. He noted that he was against changing it (setbacks) before. Planning Commission Page 2 August 16, 2001 Alan White commented that not permitting a row of bricks to encroach into a setback only an inch or two is ridiculous. 0 1 1 1 1 RIMERMEM= M &MMAIMSIM MM setback and the language would read with the footprint starting on the farthest setback. Footnote D would still apply; but for every story after the first story setback, an additional 5 feet would apply to the original setback and the house footprint must be fixed at the farthest setback from the property. Alan White asked for clarification. After further discussion, Commissioner BRINKMAN suggested adding 5 feet total for so *at oxe side stays fixed while the other side moves in 5 feet for =140119%)IM Commissioner COLLINS suggested the City of Denver's method of using bulk plane where you can go from either property line 5 feet then use a 45 degree angle for 2' or 3' stories for the setback. Commissioner SNOW commented the setback may need to be different for every zone district. For example: for a one-story building, the combined side yard setback is 15 feet with no less 5 feet on one side and 10 feet on the other; in the event of a two-story, no less than 10 feet on any one side. In the event of a three-story, no less than 15 feet. There is no change to first story. Alan White commented that if there is a 20-foot separation between houses, what does matter if a bay window extends 6 inches into the setback. Louise Turner 11256 W. 38 Ave. Planning Commission Page 4 August 16, 2001 required setback areas shall not be permitted except by a variance granted by the Board of Adjustment." 'go F Viat aiLMI encritauntlicau -F#IFQ11 Irr putlIVS, 10 setback cannot be less than 5 feet. be living areas while a fireplace chirtmey is not; and she did not believe any living space should be closer than 5 feet. She also commented that a large bay window could also be considered a living space. space between houses and could cause fires from flying sparks. Alan White stated t7hat fire code requires that chimneys be no closer than 3 feet. Alan White asked for clarification regarding rear yard setbacks in relation to adding stories. (Chair McNAMEE declared a recess at 8:55 p.m. The meeting was reconvened at 9:10 P.M.) There was discussion about discrepancies between the chart and the footnotes for R-3 and R-3A zone districts. Planning Commission Page 5 August 16, 2001 and rear yard setbacks shall be fifteen feet for the first two stories and an additional five feet for each additional story over two stories. The motion passed unanimously. B o. ZOA-01-03 - An ordinance amending Section 26-1004 of the Wheat Ridge Code of Laws pertaining to violations of the Zoning and Development Code. 1i 1! 1 i 1 1 111 V 1I;JJJrZLJ= Commissioner SNOW suggested that no. I and no. 2 be combined and reference be made to "approval or denial." Commissioner BRINKMAN requested clarification of wording to make it understood that the applicant must abide by the decision of the authority having final jurisdiction in the case. Commissioner THOMPSON requested that a typo be corrected in item no. 7 to read ...... structures or land is contrary to ......... It ffmn��# Commissioner WEISZ suggested that toward the end of no. 7, it should read I'subparagraphs I through 6." Alan White suggested that the sentence beginning, "The Director of Planning and Development is authorized ........ should be listed as paragraph C. Also "provisions, standards or requirements" should be included in all subparagraphs. 1"t was moved by Commissioner SNOW and seconded by Commissioner WEISZ, that in a clear motion at this time, this matter be continued to the meeting of September • 2001, in order for the staff to prepare a rewritten ordinance, The motion passed unanimously. Planning Commission Page 6 August 16, 2001 8 a 1w B 12. Fightmaster Propegy • 44' Avenue - Commissioner SNOW expressed concern that, should this property sell, the city might be denied access through that property. She asked that the city attorney look into this matter. NEW AIS"i ESS COMMISSION REPORTS • . . AAAak an y k'+T11fMs&1 adjourn the meeting at 1000 p.m. .3= Marian McNAMEE, Chair Kathy Field, Recording Secretary Um CITY OF WHEAT RIDGE met TO: Planning Commission DATE OF MEETING: Sept. 6, 2001 DA TE PREPARED: A,u�g. 28, 2001 CASE N4. & NAME: WZ- 00- 08/Daughenbaugh CASE MANAGER: M. Reckert ACTION RE QUESTED: Rezone t ' to Planned Commercial Developme outli devel opme n t pla i final de plan and pla L OCATION OF i t Kip Residential -Two PRESENT LAND USE: Single family residential SURROUNDING ZONING: N, W: C-1; S: R -2 E: R-1A DATED LEGAL NOTICES SENT: August 23, 2001 ENTER INTO CO JUR ISDICTION: The property is within the City of Wheat Ridge, and all notification and posting requirements have been met. Therefore, there is jurisdiction to hear this case. A neighborhood meeting regarding this application was held on April 26, 2001. Attached as Exhibit synopsis of the meeting and a sign up sheet. The only area property owner in attendance was Pat Dowell wh owns a rental property to the south on West 41 st Avenue. All other attendees were developer's representativIl Attached as Exhibit 'B' is a letter of support for the project. • 3 a 91 Consolidated Mutual Water Company can provide service at the developer's expense. V TH 0% fflilffp�1111 I I i 2. A change in the character in the area has occurred due to the installation of public facilities, other zone changes, new growth trends, deterioration or development transitions. 3. That the change of zone is in conformance, or will bring the property into conformance, with the City of Wheat Ridge Comprehensive Plan goals, objectives and policies, comprehensive land use plan and other related policies or plans for the area. Pursuant to Section 26-112 (formerly Section 26-6(C)), if a proposed rezoning "is not consistent with the Comprehensive Plan, then the request may only be approved if the applicant demonstrates that the request is justified because of changed or changing conditions in the particular area or in the city in general". If a rezoning is approved which is inconsistent with the designation on the Comprehensive Plan, it shall be reviewed as a future amendment to the plan. , 4. That the proposed change of zone is compatible with the surrounding area and there will be minimal adverse impacts considering the benefits to be derived. The property is surrounded by a strip retail center zoned C- I to the north. To the east are single family residences with R-IA zoning. To the south is a trailhead for Clear Creek greenbelt zoned R-2. Clear Creek provides a physical transition between commercial development to the north and low density residential and semi-public uses to the south. 5. That there will be social, recreational, physical and/or economic benefits to the community derived by the change of zone. There should be economic benefits from the proposed commercial development by retail sales tax generate an increased property taxes. There will be physical benefits if the property develops because it has been unmaintained with weeds and dilapidated buildings. Staff was hopeful that the proposed businesses in the development would be enhanced by the city-owned recreation area to the south. For example, a coffee shop with outside seating could take advantage of this natural amenity. Staff recommended to the applicant that a larger concrete walkway/patio be provided • the south side of the building and a pathway be constructed between the two properties. The applicant has chosen not to follow this recommendation. Under current zoning conditions, several residential units could be built on this property; however, Staff questions the desirability of a low density residential use at this location. Prior to purchase by the applicant, the property had been marketed for many years with no viable offers for residential development, This supports staff s conclusion that the property cannot reasonably be developed under the existing zoning conditions. - I - itiere are ottier uses witnin Me existing zomn6 MIT Yfr , 7m , ---, - which may be more appropriate than low density (E.G., small church, group home). 9. That the zoning will not create an isolated or spot zone district unrelated to adjacent or nearby areas. There is commercial zoning in the vicinity to the north and west which would mean that spot zoning is not a concern. 10. That there is a void in an area or community need that the change of zone will fill by providing for necessary I cessary services, products or facilities especially appropriate at the location, considering available alternatives. voiE in necessary services, products or facilities concrete block with metal awnings. Adequate parking has been provided consistent with retail and office uses. A 10' right-of-way dedication will be required for Kipling Street. A single freestanding pole sign 16 1/2 feet in height with 72 square feet of sign area is proposed. Wall signs allowed at a rate of I square foot of signage for every linear foot of tenant wall space. Window signs cannot exceed 25% of the glass area. A note should be added that mechanical equipment shall be screened from vie from all sides. No dumpster locations have been shown as no centralized trash receptacles are provided. I VII. PLAT DOCUMENT M 1. A note should be added in regard to maximum building height (24'). 2. All citations should be corrected to reflect the new code's numbering system relative to development standards for signage, landscaping and lighting. 1. A note should be added that mechanical equipment shall be screened from view from all sides. 2. Additional vertical plantings or 6' high solid fencing be provided in the residential buffer areas, 3. All citations should be corrected to reflect the new code's numbering system relative to development standards for signage, landscaping and lighting. IrMAM -4 other actions are required. Option A: "I move to recommend approval • Case No. WZ-00-08, a request to rezone property located at 4240 Kipling Street from Residential -Two to Planned Commercial Development and for approval of an outline development plan, for the following reasons: This is the only residential property on the east side of Kipling between Clear Creek and West 44' Avenue. 2. Increased traffic and intensification of surrounding land uses have rendered the property undesirable for low density use. I . A note should be added in regard to maximum building height (24). 2, All citations should be corrected to reflect the new code's numbering system relative to development standards for signage, landscaping and lighting." Option B: "I move to deny Case No. WZ-00-08, a request to rezone property located at 4240 Kipling Street from Residential -Two to Planned Commercial Development and for approval of an outline development plan, for the following reasons: 1. )^RTMEXT OF R.A N& T - 235-202 `UHAWIN S \PLANNING \QS\ 2 EKH13t7 WRIVAUMN m • MRaR �MM�IMM11�41#F `AIM Existing cani - Z - Comp Plan Designation: Existing use/site conditions: AA "Y Applicants proposal: 0 NEIGHBORHOOD MEETING APRIL 26, 2000 SIGN-IN PLEASE PRINT NAME Name Address Phone E-Mail N 91 91 10. 11, 12. In 14. 15. 16. Sincerely, t JVep e Tyr ton To Isc filictl (Jul liv staff'.- X ! Parcel 1: Beginning at a point 51 rods 14 feet north of the Southwest corner of the NW 1/4, SW 1/4 of Section 22, Township 3 South, Range 69 West, 6th Principal Meridian; thence East 436 feet; thence North 229 feet; thence Northwesterly 440 feet to the west line of Section 22 to a point 302 feet North from Point of Beginning; thence South 302 feet to the Point of Beginning, EXCEPT the South 92 feet thereof, and EXCEPT that parcel conveyed by Melvin W. Koeltzow and Marjorie L Koeltzow by special warranty deed to the Department of Highways, State of Colorado, dated March 17, 1969 and recorded April 4, 1969 at Reception No. 321523, in Book 2093 at page 637, Jefferson County records, and EXCEPT that parcel conveyed to Janet and Glenn Doughenbough in deed recorded February 14, 1990 at Reception No. 90013148, County of Jefferson, State of Colorado, TOGETHER WITH, Parcel 2: A parcel of land in the Southwest One of Section 22, Township 3 South, Range 69 West, of the 6th Principal Meridian, County of Jeffer=son, State of Colorado more particularly described as follows: Commencing at the West quarter comer of said Section 22; thence S0D"17'35 "E along the west line of said Section 22 a distance of 197.95 feet to a point, said point bears N00'17`35 "W a distance of 2432.31 feet from the southwest corner of said Section 22; thence N89'42'25 "E a distance of 45.00 feet to a point on the east right —of —way line of Kipling Street, said point also being on the west property line of a parcel of land described under Reception No. 85070137 in Jefferson County records; thence N89 °42'25 "E along the common line of agreement, a distance of 152.55 feet to the Point of Beginning; thence N89'42'25 "E along said common line by agreement a distance of 238.45 feet to a point on the east line of that property described under Reception No. 89051058 in Jefferson County; thence S00'17'35 "E a distance of 36.17 feet, to the southeast corner of said property (Reception no. 89051058); thence N81 °40'00 "W along said south line of said property (Reception No, 89051058) a distance of 241.18 feet to the Point of Beginning, County of Jefferson, State of Colorado. ! R ♦ ! 11 THE PROVISIONS OF SECTION 26 -6(G) OF THE CODE OF LAWS. OM ER L" h....HOLDER MELVIN W. JANET DAUGHENBAUGH • 4 119 00 D RANSFELDT ROAD 12385 W 48TH i 0 R I D GE, • 800 • 303-420-4-60 ! t r R MY COMMISSION EXPIRES: WITNESS MY HAND AND OFFICIAL SEAL NOTES: 1. ALL SIGNAGE SHALL BE IN ACCORDANCE WITH CHAPTER 26, ARTICLE 4 OF THE WHEAT RIDGE CODE OF LAWS; NO MORE THAN 25% OF THE GLASS (FRONTAGE MAY BE COVERED BY ADDITIONAL SIGNAGE. 2. ALL LANDSCAPING SHALL BE IN ACCORDANCE WITH SECTION 26 -32. 3. ALL EXTERIOR LIGHTING SHALL BE IN ACCORDANCE WITH SECTION 26- 30(S). 4. BILLBOARDS ARE NOT PERMITTED ON THIS PROPERTY. 5. OUTSIDE STORAGE PRO HIBITED. WAREH OUSING 6. ON - r 75X OF ., 7. PARKING LOT LIGHTING TO BE DESIGNED AT A LATER DATE. EXTERIOR LIGHTING SHALL BE ARRANGED TO REFLECT a DIRECT ^ iM ANY ADJOINING RESIDENCES AND AD JACENT N ORTH S. A PARTY WALL AGREEMENT BETWEEN THIS PARCEL AND THE PARCEL TO THE NORTH WH BE MADE TO ALLOW THE EXISTING BUILD AND THE PROPOSED BUILD TO THE SOUTH TO SHARE A COMMO 1. TRASH RECEPTACLES ARE THE RESPONSIBILITY OF THE INDIVIDUAL TENANTS, AND THERE IS NO CENTRALIZED TRASH • _E 1•k 10. PERMITTED USES: NO BUILDING OR LAND SHALL BE USED AND NO BUILDING SHALL BE HEREAFTER ERECTED, CONVERTED OR STRUCTURALLY ALTERED UNLESS OTHERWISE PROVIDED HEREIN EXCEPT FOR ONE OR MORE OF THE FOLLOWING USES: (1) ACCOUNTING, BOOKKEEPING, TAX SERVICE, CONSULTING APPRAISERS, ARCHITECT OFFICE; (2) ADVERTISING, BLUEPRINTING, PHOTOSTATIC COPYING & SIMILAR SERVICES; (3) ART GALLERIES, ART SUPPLIES; (4) SOUND SYSTEMS SHOPS; (5) CANOPIES, AWNINGS, WINDOW SHOP; (6) BABY PRODUCTS, (7) BAGEL SHOP; (8) ONE DELICATESSEN OR ICE CREAM SHOP WITH SEATING FOR NO MORE THAN 10; (9) CARRY OUT PIZZA; (10) LAUNDRIES & DRY CLEANING SHOP; (11) SPECIALTIES & UNIFORM SHOPS; (12) BICYCLE & ACCESSORIES SHOP (SERVICE AND REPAIR); (13) BEAUTY SALON AND NAIL SHOP; (14) FLORAL SHOP; (15) TROPHY & NOVELTY SHOP; (16) BILLIARD SHOW ROOM & WAREHOUSE; (17) WINDOW COVERING SHOW ROOM & WAREHOUSE; (18) BOAT STORE & ACCESSORIES; (19) BRIDAL SHOP; (20) CARD SHOP; (21) CARPET STORE & WAREHOUSE; (22) CELLULAR PHONE STORE & REPAIR; (23) CHECK CASHING OFFICE; (24) DOCTORS OFFICE; (25) BUSINESS MACHINE OR COMPUTER SALES, SERVICE & REPAIR; (26) ART & CRAFT STORE & WAREHOUSE; (27) CANDY, NUT & CONFECTIONERY STORE; (28) FABRIC STORE; (29) ING SHOP; (30) PACKAGING & MAILING STORE; (31) FURNITURE STORE & WAREHOUSE; (32) GLASS REPAIR SHOP; (33) GOLF & SKI EQUIPMENT & SUPPLIES/ SALES & SERVICE; (34) HEALTH FOOD & VITAMINS STORE /WAREHOUSE; (35) BUTCHER SHOP & FOOD LOCKER; (36) JANITORIAL SUPPLIES /WAREHOUSE; (37) WATCH, CLOCK, CAMERA SALES & REPAIR; (38) KITCHEN cot BATH SHOWROOM, SALES & WAREHOUSE; (39) HOT TUBS /SPAS SALES & WAREHOUSE; (40) LIGHTING SHOW ROOM, SALES & WAREHOUSE; (41) LOCK SMITH SHOP; (42) MONUMENTS /MARKERS, SALES & WAREHOUSE (INCLUDING INSCRIBING ON MONUMENTS); (43) MUSIC STORE SALES /INSTRUCTIONS; (44) OFFICE FURNITURE; (45) OPTICAL SHOP, OPTOMETRISTS OFFICE; (46) PAINT AND WALL PAPER STORE/WAREHOUSE; (47) WIRELESS PAGING SYSTEMS; (48) PARTY SUPPLY STORE; (49) PATIO ENCLOSURES STORE/WAREHOUSE; (50) PHOTOGRAPHER; (51) SCUBA DIVING EQUIPMENT /INSTRUCTIONS; (52) SENNG MACHINES, SALES & SERVICE; (53) SHOE STORE; (54) SHOWER DOORS, MIRRORS, TUB ENCLOSURES SALES /WAREHOUSE; (55) SIGN SHOP; (56) SPORTING GOODS STORE; (57) GARDEN & LAWN SUPPLIES, (58) STOVES, INSERTS & FIREPLACE STORE; (59) SURVEYORS OFFICE /WAREHOUSE; (60) TAILORING, DRESSMAKING & CLOTHING ALTERATION SHOP; (61) TELECOMMUNICATION OFFICE; (62) TILE STORE SHOW ROOM /WAREHOUSE; (63) TRAVEL AGENCY, (64) AUTO /TRUCK ACCESSORIES, SERVICE, SALES, INSTALLATION; (65) UPHOLSTERY & FURNITURE REPAIR SHOP; (66) VACUUM CLEANERS, SALES /SERVICE; (67) VIDEO STORE; (68) WATER PURIFY & FILTER EQUIPMENT, SALES /WAREHOUSE; (69) HANDICAP & SPECIAL NEED EQUIPMENT, SALES/WAREHOUSE; (70) AUTO DETAILING; (71) DAIRY PRODUCTS STORE; (72) DAY OLD BREAD & DONUT STORE; (73) CAR RENTAL AGENCY; (74) AUTO PARTS STORE/WAREHOUSE; (75) ANTIQUE STORE /SALES AND WAREHOUSE; (76) JEWELRY STORE. C CITY C OUNCIL THIS IS TO CERTIFY THAT THE CITY OF WHEAT RIDGE, COLORADO BY MOTION OF ITS rr ON THIS—DAY OF i• 1 A DOPT AND APPRO WITHIN PLAT AND ACCEPT THOSE DEDICATIONS HEREON MADE. CITY SEAL. A77E'ST k ��`L i Y y i CLERK A ND RECO RDER'S ACCEPTED F FILING IN THE O FFICE O F C r RECORD O F JEFFERSON COUNTY AT GOLDEN, COLORADO, THIS — DAY OF 2001. NOTARY PUBLIC ADDRESS ODP - 1 OUTLINE DEVELOPMENT PLAN COVER SHEE1 r 2 O UTLINE D EVELO P MENT ! 1 PLA M ! REVISION No. Date By 1 12/14/00 BKP 2 08/24/01 GOT Nor. N /A_ SCALE: Vert Data: 11/06 Drawn By: BKP Designed By: DGM Cll By: DGM Cadfile: I ODP.dwg Nor. N /A_ SCALE: Vert Dra wing Job No. ri LOCATED IN THE SOUTHWEST ONE-QU R TOWNSHIP 3 SOUTH, ► 9 6TH PRINCIPAL MERIDIA CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO. SHEET 2 OF Z SITE AREA = .. r ACRES BUILDING �► OR : 118x138 BUIL F 24 BUIL DING w LAN DSCAPING Q za OR 6 SQ LAN DSCAPING PRO e FT OR 15.90 SIDEWALKS AN D PARKING r0 0% REQUIRE PARKING . :< fib t'. = 74 SPACES PARKING PR 81 SPACES HANDICAPPED PARKING REQUIRED: 74 x 0.02 = 2 SPAC HANDICAPPED PARKING PROVIDED: 2 SPACES I LOT 1, BLOCK 1 JANET D. MINOR SUBDIVISION RECEPTION NO. 91016832 ZONED C -1 BENNIE M. & PATRICIA S. BROWN REC. N0. 85045237 ZONED R -1A , 6v I BOBBIE U. & C:UNNIL JU NLLJUV 5,362 P A P V I NI r, / � s o : � REC. N0. 93058859 j _UL: luiv ruIvu AtNal't Y – 7 --P --5361 �� ®5 _ ` — —'° — 31.00 N ®0°17`35 ° Nd 14.00 CITY OF WHEATRIDGE REC. N0. 92001254 ZONED R -2 ZONED A -1 to f Drawn By: BKP Designed By: DGM Cnk'd By: DGM Cadfile: ODP,dwg .Q_ Nor. I"= SCALE: Vert. d6— Drawing No. Job No. 00 -44A _ Scale 1 1' = 20' ` IL i r • 1 ,,, i :. z C44 ^. Drawing Title Project Title Drawn By: BKP Designed By: DGM Cnk'd By: DGM Cadfile: ODP,dwg .Q_ Nor. I"= SCALE: Vert. d6— Drawing No. Job No. 00 -44A _ Scale 1 1' = 20' REVISION No. Dale By 1 11/06/00 BKP 2 12/14/00 BKP 3 03/05/01 BKP 4 08/24/01 GDT PLAN ELEVA Parcel 1: Beginning at a point 51 rods 14• feet north of the Southwest corner of the NW 1/4, SW 1/4 of Section 22, Township 3 South, Range 69 West, 6th Principal Meridian; thence East 436 feet; thence North 229 feet; thence Northwesterly 440 feet to the west line of Section 22 to a point 302 feet North from Point of Beginning; thence South 302 feet to the Point of Beginning, EXCEPT the South 92 feet thereof, and EXCEPT that parcel conveyed by Melvin W. Koeitzow and Marjorie L. Koeltzow by special warranty deed to the Department of Highways, State of Colorado, dated March 17, 1969 and recorded April 4, 1969 at Reception No. 321523, in Book 2093 at page 637, Jefferson County records, and EXCEPT that parcel conveyed to Janet and Glenn Doughenbough in deed recorded February 14, 1990 at Reception No. 90013148, County of Jefferson, State of Colorado, TOGETHER WITH, Parcel 2: A parcel of land in the Southwest One of Section 22, Township 3 South, Range 69 West, of the 6th Principal Meridian, County of Jefferson, State of Colorado more particularly described as follows: Commencing at the West quarter corner of said Section 22; thence SOO'17'35 "E along the west line of sold Section 22 a distance of 197.95 feet to a point, sold point bears NOO'17'35 "W a distance of 2432.31 feet from the southwest comer of said Section 22; thence N89'42'25 "E a distance of 45.00 feet to a point on the east right—of—way line of Kipling Street, said point also being on the west property line of a parcel of land described under Reception No. 85070137 in Jefferson County records; thence N89'42'25 "E along the common line of agreement, a distance of 152.55 feet to the Point of Beginning; thence N89 °42`25 "E along said common line by agreement a distance of 238.45 feet to a point on the east line of that property described under Reception No. 89051058 in Jefferson County; thence S0017'35"E a distance of 36.17 feet, to the southeast comer of said property (Reception no. 89051058); thence N81'40'00 "W along said south line of said property (Reception No. 89051058) a distance of 241.18 feet to the Point of Beginning, County of Jefferson, State of Colorado. THE OWNER, HIS SUCCESSORS AND ASSIGNS GRANT LIMITED RIGHTS AND PRIVILEGES OF ACCESS TO, AND FREE MOVEMENT THROUGH THOSE AREAS INDICATED AS CROSS ACCESS /INGRESS — EGRESS EASEMENTS, AS ILLUSTRATED UPON THIS OFFICIAL DEVELOPMENT PLAN. 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 EASEMENT FROM SIMILARLY RECORDED EASEMENTS FROM ADJACENT PROPERTIES, AND /OR FROM ABUTTING PUBLIC STREETS. • r � r, r • r • r • • ' •• • • � R•f• a R W. m • A •n� '- LIEN HOLD JANET DAUGHENBAUGH MELVIN W. K OELTZO W 1 1900 DRANSFELDT RO 12385 W 48T • 80134 WHEAT R CO: 0 r 303-420-460 MAN UA ) ss: COUNTY OF JEFFERSON ) THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS . DAY OF 2000 BY OWNER. MY COMMISSION EXPIRES: WITNESS MY HAND AND OFFICIAL SEAL �r NOTES- 1. ALL SIGNAGE SHALL BE IN ACCORDANCE WITH CHAPTER 26, ARTICLE 4 OF THE WHEAT RIDGE CODE OF LAWS; NO MORE THAN 25% OF THE GLASS FRONTAGE MAY BE COVERED BY ADDITIONAL SIGNAGE. 2. ALL LANDSCAPING SHALL BE IN ACCORDANCE WITH SECTION 26 -32. 3. ALL EXTERIOR LIGHTING SHALL BE IN ACCORDANCE WITH SECTION 26- 30(S). 4. BILLBOARDS ARE NOT PERMITTED ON THIS PROPERTY. 5. OUTSIDE STORAGE IS PROHIBITED. 6. WAREHOUSING ON THE PREMISES SHALL NOT EXCEED 75% OF EACH TENANT SPACE. 7. PARKING LOT LIGHTING TO BE DESIGNED AT A LATER DATE. EXTERIOR LIGHTING SHALL BE ARRANGED TO REFLECT THE DIRECT LIGHT GLARE AWAY FROM ANY ADJOINING RESIDENCES AND ADJACENT STREETS. 8. A PARTY WALL AGREEMENT BETWEEN THIS PARCEL AND THE PARCEL TO THE NORTH WILL BE MADE TO ALLOW THE EXISTING NORTH BUILDING AND THE PROPOSED BUILDING TO THE SOUTH TO SHARE A COMMON WALL. 9. TRASH RECEPTACLES ARE THE RESPONSIBILITY OF THE INDIVIDUAL TENANTS, AND THERE IS NO CENTRALIZED TRASH COLLECTION AREA. 10. PERMITTED USES: NO BUILDING OR LAND SHALL BE USED AND NO BUILDING SHALL BE HEREAFTER ERECTED, CONVERTED OR STRUCTURALLY ALTERED UNLESS OTHERWISE PROVIDED HEREIN EXCEPT FOR ONE OR MORE OF THE FOLLOWING USES: (1) ACCOUNTING, BOOKKEEPING, TAX SERVICE, CONSULTING APPRAISERS, ARCHITECT OFFICE; (2) ADVERTISING, BLUEPRINTING, PHOTOSTATIC COPYING & SIMILAR SERVICES; (3) ART GALLERIES, ART SUPPLIES; (4) SOUND SYSTEMS SHOPS; (5) CANOPIES, AWNINGS, WINDOW SHOP; (6) BABY PRODUCTS; (7) BAGEL SHOP; (8) ONE DELICATESSEN OR ICE CREAM SHOP WITH SEATING FOR NO MORE THAN 10; (9) CARRY OUT PIZZA; (10) LAUNDRIES & DRY CLEANING SHOP (11) SPECIALTIES & UNIFORM SHOPS; (12) BICYCLE & ACCESSORIES SHOP (SERVICE AND REPAIR); (13) BEAUTY SALON AND NAIL SHOP; (14) FLORAL SHOP; (15) TROPHY & NOVELTY SHOP; (16) BILLIARD SHOW ROOM & WAREHOUSE; (17) WINDOW COVERING SHOW ROOM & WAREHOUSE; (18) BOAT STORE & ACCESSORIES; (19) BRIDAL SHOP; (20) CARD SHOP; (21) CARPET STORE & WAREHOUSE; (22) CELLULAR PHONE STORE & REPAIR; (23) CHECK CASHING OFFICE; (24) DOCTORS OFFICE; (25) BUSINESS MACHINE OR COMPUTER SALES, SERVICE & REPAIR; (26) ART & CRAFT STORE & WAREHOUSE; (27) CANDY, NUT & CONFECTIONERY STORE; (28) FABRIC STORE; (29) WIG SHOP; (30) PACKAGING & MAILING STORE; (31) FURNITURE STORE & WAREHOUSE; (32) GLASS REPAIR SHOP; (33) GOLF & SKI EQUIPMENT & SUPPLIES/ SALES & SERVICE; (34) HEALTH FOOD & VITAMINS STORE /WAREHOUSE; (35) BUTCHER SHOP & FOOD LOCKER; (36) JANITORIAL SUPPLIES /WAREHOUSE; (37) WATCH, CLOCK, CAMERA SALES & REPAIR; (38) KITCHEN & BATH SHOWROOM, SALES & WAREHOUSE; (39) HOT TUBS /SPAS SALES & WAREHOUSE; (40) LIGHTING SHOW ROOM, SALES & WAREHOUSE; (41) LOCK SMITH SHOP; (42) MONUMENTS /MARKERS, SALES & WAREHOUSE (INCLUDING INSCRIBING ON MONUMENTS); (43) MUSIC STORE SALES /INSTRUCTIONS; (44) OFFICE FURNITURE; (45) OPTICAL SHOP, OPTOMETRISTS OFFICE; (46) PAINT AND WALL PAPER STORE /WAREHOUSE; (47) WIRELESS PAGING SYSTEMS; (48) PARTY SUPPLY STORE; (49) PATIO ENCLOSURES STORE /WAREHOUSE; (50) PHOTOGRAPHER; (51) SCUBA DIVING EQUIPMENT /INSTRUCTIONS; (52) SEWING MACHINES, SALES & SERVICE; (53) SHOE STORE; (54) SHOWER DOORS, MIRRORS, TUB ENCLOSURES SALES/WAREHOUSE; (55) SIGN SHOP; (56) SPORTING GOODS STORE; (57) GARDEN & LAWN SUPPLIES, (58) STOVES, INSERTS & FIREPLACE STORE; (59) SURVEYORS OFFICE/WAREHOUSE; (60) TAILORING, DRESSMAKING & CLOTHING ALTERATION SHOP; (61) TELECOMMUNICATION OFFICE; (62) TILE STORE SHOW ROOM /WAREHOUSE; (63) TRAVEL AGENCY; (64) AUTO /TRUCK ACCESSORIES, SERVICE, SALES, INSTALLATION; (65) UPHOLSTERY & FURNITURE REPAIR SHOP; (66) VACUUM CLEANERS, SALES /SERVICE; (67) VIDEO STORE; (68) WATER PURIFY & FILTER EQUIPMENT, SALES /WAREHOUSE; (69) HANDICAP & SPECIAL NEED EQUIPMENT, SALES /WAREHOUSE; (70) AUTO DETAILING; (71) DAIRY PRODUCTS STORE; (72) DAY OLD BREAD & DONUT STORE; (73) CAR RENTAL AGENCY, (74) AUTO PARTS STORE/WAREHOUSE; (75) ANTIQUE STORE /SALES AND WAREHOUSE, (76) JEWELRY STORE " 11111 Ll , E K m ull E DEVELOP L C OVE R ■ FIN DEVELO P LAN i ` DEVELOPMENT PLAN ELEVA D 4 FINAL DEVELO PMENT PLAN LANDSCA SHEET III AN I ILI 1 Kmokloyal ra • • •. • • •* r• • r • • :• • DOUGLAS R. BERUNG DATED PLS 34594 •• ON O M OUNTAIN - ASSO CIATES PLANNING COMMISSION CER11FICATE A PPR O V ED THIS • OF r r• BY THE WHEAT RID C CERTIFIC CITY COUNCIL C OUNCIL THIS IS TO CERTIFY THAT THE CITY OF WHEAT RIDGE, COLORADO BY MOTION OF ITS rt • •• f rr ••' APPRO L P LAT r ACCEPT TH OSE DEDICA11 HEREON MAD CITY SEAL ATTEST CLERK AND REC O R DER'S , JEFFERS ACCEPTED FOR FILING IN THE OFFICE OF THE COUNTY CLERK AND RECORDER OF • • COLORADO, r 000 92 QE M :QUATE OF THIS S HEET 2 OF 4 1 1 rok rafl 13 0. LEGEND PROPOSED LANDSCAPING AREA SIGHT DISTANCE TRIANGLE r. - ER TO EXISTING Q r 7 1 _3 5 / �2 0 EXISTING RETAINING WALL EXISTING BUILDING S89 °42`25 ° VJ 0.73' 391.00 LOADING ZONE 49.9 >.,, PROPOSES BUILDING !FF ® 5362.6 m L 30' Em ! t ! •• a :t1 ! !': 0 No. Date By 1 11/06/00 - a . 5 a 3 c GDT a n SIGHT DISTANCE TRIANGLE r. - ER TO EXISTING Q r 7 1 _3 5 / �2 0 EXISTING RETAINING WALL EXISTING BUILDING S89 °42`25 ° VJ 0.73' 391.00 LOADING ZONE 49.9 >.,, PROPOSES BUILDING !FF ® 5362.6 m L 30' Em ! t ! •• a :t1 ! !': 0 F1 7 ° ® 6i9 TAP Off' GROUND CASE HISTORY EMERGENCY WZ— 00— 08 OVERFLOW/ WEIR REVISION! —_ No. Date By 1 11/06/00 - 2 5 BKP 3 08/24/01 GDT .: PROPOSED CONCRETE LINED DITCH 0 1.3% 1 13 , a 2 5 F1 7 ° ® 6i9 TAP Off' GROUND CASE HISTORY EMERGENCY WZ— 00— 08 OVERFLOW/ WEIR REVISION! —_ No. Date By 1 11/06/00 DGM BKP 2 03/05/01 BKP 3 08/24/01 GDT Scala 1" = 20' REVISION No. Date By 1 11/06/00 DGM — 2 -- 08/24/01 GOT f rs lm#` :,� %.Q Frmjl'��� Ir x 9 x 1w cmt am (PAINTM LWT TAN) No ■ M ll m P A, N x If x 16° cw� BL= I Ir (PAM LIGHT TM) I. t-r I m 9 m lim III REM goo �illl�: k M- ELE ELEV. CASE 'HISTORY wz-00-08 f rs CL w V) W LA F- 6) 0 2 0 W 0 0 X 0 0 z cf) c . - Q� w Co Lo C w LLJ z co > z 01 :1- cn Ln zco� 04 • LLJ 0, a") > 00 � c 0 M"o 0) cd z 0 0 co 4) z 0 0 'c 0 0 -*v C-4 F & GUTTER SHOWN—/ JANET PLANNED COMMERCIAL DEVELOPMENT SUtsuIVISION, COLORADO SPRUCE - 2" CALIPER 6 PICEA PUNGENS: 4 NEWPORT PLUM - 2" CALIPER SPIREA 0 7 PRUNUS CERASIFUA: 6 3 FROEPELII - SPIREA DUMALDA: 7 4 GOLDFLAME - SPIREA DUMALDA: 71 5 SHlPORI - SPIREA JAPONICA: 11 LITTLE LEAF LINDEN - 2" CALIPER 6 TILIA CORDATA: 2 7 20 0 20 40 E0 Scale 1" — 20 5 6 2 4 7 1 3 7 H N 0 I. m STORY Date: y' Drawn By: Designed By: DW Chk'd By: Cadflim OBAM SCALE: Nor. Pert. NA 1 Drawing No. DP 4 DEDICATORY STATEMENT We, the Doughenbough Family Trust and Melvin W. Koeltzow, being the respective owner and lien holder of real property containing 1.520 acres, described as follows: Parcel 1: Beginning at a point 51 rods 14 feet north of the Southwest comer of the NW 1/4, SW 1/4 of Section 22, Township 3 South, Range 69 West, 6th Principal Meridian; thence East 436 feet; thence North 229 feet; thence Northwesterly 440 feet to the west line of Section 22 to a point 302 - feet North from Point of Beginning; thence South 302 feet to the Point of Beginning, EXCEPT the South 92 feet 'thereof, and EXCEPT that parcel conveyed by Melvin W. Koeltzow and Marjorie L. Koeltzow by special warranty deed to the Department of Highways, State of Colorado, dated March 17, 1969 and recorded April 4, 1969 at Reception No. 321523, in Book 2093 at page 637, Jefferson County records, and EXCEPT that parcel conveyed to Janet and Glenn Daughenbaugh in deed recorded February 14, 1990 at Reception No. 90013148, County of Jefferson, State of Colorado, TOGETHER WITH, Parcel 2: A parcel of land in the Southwest One of Section 22, Township 3 South, Range 69 West, of the 6th Principal Meridian, County of Jefferson, State of Colorado more particularly described as follows: Commencing at the west quarter comer of said Section 22; thence SOO'17'35 "E along the west line of said Section 22 a distance of 197.95 feet to a point, said point bears NOO'17'35 "W a distance of 2432.31 feet from the southwest comer of said Section 22; thence N89`42'25 "E a distance of 45.00 feet to a point on the east right- -of –way line of Kipling Street, said point also being on the west property line of a parcel of land described under Reception No. 85070137 in Jefferson County records; thence N89'42'25 "E along the common line of agreement, a distance of 152.55 feet to the Point of Beginning; thence N89 0 E along said common line by agreement a distance of 238.45 feet to a point on the east line of that property described under Reception No. 89051058 in Jefferson County, thence S0017'35 "E a distance of 36.17 feet, to the southeast corner of said property (Reception No. 89051058); thence N81'40'00 "W along said south line of said property (Reception No. 89051058) a distance of 241.18 feet to the Point of Beginning, County of Jefferson, State of Colorado, also described as follows: Commencing at the W-1/4 corner of said Section 22; thence SOO'17'35 "E a distance of 197.95 feet along the west line of said section; thence N89`42'25"E a distance of 45.00 feet to the east right of way line of Kipling Street as described in Book 2093 at Page 637 of the Jefferson County records and the Point of Beginning thence N8942'25"E a distance of 391.00 feet; thence S00°17'35 "E a distance of 16931 feet along the west line of the parcels described at Reception No. F1008507 of said county record.,: thence S89'42'25 "W a distance of 381.00 feet along the south line of said parcels to the easterly right of way line of Kipling Street as described in Book 2093 at Page 637; thence along said easterly right of way line the following three courses: 1) N0017'35 "W a distance of 14.00 feet, 2) S89'42'25 "W a distance of 10.00 feet, 3) N0017'35 "W a distance of 155.71 feet to 'the Point tgjanina Have laid out, subdivided, and platted said land as per the drawing hereon contained under the name and style of Janet D. Minor Subdivision, Filing No_ 2 ", 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 the public those portions of real property shown as right of way, and do further 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 servioes. This includes but is not limited to telephone and electric lines, gas lines, water lines, and sanitary sewer lines, hydrants, storm water systems and pipes, detention ponds, street lights and all appurtenances thereto. The owner, his successors and assigns grant limited rights and privileges of access to, and 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 easement from similarly recorded easements from adjacent properties, and /or from abutting public streets. OWNER: SIGNED THIS DAY OF 2001 •mot "r ••fir . DAUGHENBAUGH FAMILY TRUST 11 900 DRANSFEL ROAD 12385 W 48TH PAR KER, C O 8 0134 WHEAT RIDGE, CO 8 003 3 • ,: 5 303-420-460 ♦ i �• *r• C OUNTY OF JEFFERSO THE F OREGOING » r .. • O r • i . ;. AS T F OR O WNE R , _..'. B Y MELVIN W. K AS LIEN H OLDER . MY C OMMISSI O N WITNESS MY HAN AN O FFICIAL N OTARY » A III J il l iiiiiiiii� 5JIIIIIIIIIIIIII1 zoo oi R 71 i' r" -- VICINITY MAP 1. BASIS OF BEARINGS. • SECTION 2Z T OWNSHIP R ANGE art.. ASSUME T O BE r• M ONUMENTED AN SH 2- DATE OF PLAT PREPARAT10N — JULY 19, 2001 3. DATE • !r 4. N OT ICE: •'r' • COLORADO t CO MMENCE ACTI BASE U ANY D EFECT AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION B ASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MO YEARS FROM THE DATE OF THE CERTIFICATION SHOWN HEREON. 5. THE ST ORM DETENTION AREA HERE SHOW DETENTIO AND MAINTAINED BY THE OWNER AND SUBSEQUENT SHALL BE OWNERS HEIR SUCCESS ! ASSIGNS. IN THE EVENT THAT SUCH CONSTRUCTION AND MAINTENANCE IS NOT PERFORMED BY SAID CITY • RID R IGHT T !: PERFORM R. WOR THE COST OF •.I OWNER w SUCCESSORS, AND ASSIGNS AGREE TO PAY. NO BUILDING OR STRUCTURE WIH BE AH OWED IN THE DETEN11ON AREA AND NO CHANGES OR ALTERATIONS AFFECTING THE HYDRAULIC CHARACTERISTICS OF THE DETENTION AREA WILL BE MA DE WITHOUT APPROVAL OF D • 6. rr r r » • O N PR ..•...R A . TO AH PUBLIC STREETS AND AROUN THE PERIMETER OF THE LOT SHOWN HEREON. •. INSTALLATION R O F TELEVISI :.s I F AND TO ECOMMUNICATION PERMITTE ALSO BE WITHIN ANY ACCESS EASEMENTS IN THE SU BDIVISI O N. STRUCTU PERMANENT i WATER METE O T BE PERMITTED WITHIN SAI UTILITY EASEMENTS. .M a rR A C OURTS THE OF R OF • •R D• r ABOVE DEDICATED AND SHOWN UPON THE WITHIN PLA' THE DEDICATOR r Cl FAR OF r DESCRIBED .. SIGNAT r TH ' T O CONVEY TITLE TO THE CITY F OR DEDICAT SIGNED THIS® —DAY OF . 2001. Mijilviw AFFECTING TITLE: r-.11411111i III N P1 I • IF R•R R ..... • :.r Rr • r R 1. •... DOUGLAS R. BERLING DATED PLS 34594 FOR AND ON BEHALF OF MOUNTAIN STATES ENGINEERING ASSOCIATES P.C. PLANNING COMMISSION CERTIFICATE THIS IS TO CERTIFY THAT THE WITHIN PLAN HAS BEEN APPROVED BY THE PLANNING COMMISSION OF THE CITY OF WHEAT RIDGE, COLORADO. CHAIRMAN . pom ?, ..=.. ► : . `:n o- ri W!7,7 a 2 +.... . .. R.r Rr• y ► CE THIS IS T O CERTIFY THAT THE CITY OF R rr » r • O C r O D r !!: A DOP T AND APPRO WITHIN PLAN A ND ACCEPT THOSE DEDICATIONS HE i, . L�� city Seal CLE A ND RECO QERTIEIC ACCE PTE D FOR FILING IN THE OF FICE OF • . AND R r.. JEFFERS ♦ GOLDEN r OF •• M $e in CM BVh9eft & Land Sm eft MOUNTAIN SfATES ENGINEERING ASSOCIATES P, 12860 W. Cedar Drive, Suite 102 Lakewood, Colorado 80228 W:\SDSK8\PROJ\0044A\DWG\PLAT\CVR–PLAT.DWG AUG. 24, 2001 DRB LICENSED TO PRACTICE BEFORE THAT ALL LANDS HEREIN TITLE TO SUCH LANDS IS IN 3RANCES, EXCEPT AS DEDICATION CERTIFICATE ARE PROPERTY RIGHTS SO CASE HISTORY •� iii wr _► i SET 5/8" REBA W /ALUMINIUM C P I I I I ]LS 34594 t , i i I I - - - -- 45.00- - -x5 -- 10.00 65.95 76.60' I I R.O.W. w 0 35' PUBLIC M °o In i I I ° ACCESS EASEMENT t-- n o In I i i I S8 9'42'25 "W I 65.95' r I POINT OF COMMENCEMENT I 0I M W -1/4 CORNER SEC. 22, I m LOCATED IN THE SO fix. T3S, R69W, 6TH P.M. or z I r FND 3-1 BRASS CAP ! 3 S OUTH R ANG E w L n LS 13212, 1984 1 , 1 t9 � < '0 ° /� ��.•+ } 0 IN RANGE BOX U) N W HEAT RI CD � f I I I ° c i I I I O W N i I 22, T3S r N89'35'09 "E I I i V 22,43' S00'17 35 E �2 9 08- I LS 13212, 1984 °CL F- I I I !�� ! �� I (rW i Uz !� I �N I I I Ld w I?w II m¢ O oU a- Uj I I I I - 0 i (� 0 (n U) ° I I VJ z C I LOT 1, BLOCK 1 I p x f- a JANET D. MINOR SUBDIVISION 30' R.O.W. I I W ( I < POINT OF BEGIN LING x I w RECEPTION NO. 91016832 ZONED C -1 i SET 5/8" REBA W /ALUMINIUM C P I I I I ]LS 34594 t , i i I I - - - -- 45.00- - -x5 -- 10.00 65.95 76.60' I I R.O.W. w 0 35' PUBLIC M °o In i I I ° ACCESS EASEMENT t-- n o In I i i I S8 9'42'25 "W I 65.95' r I 0 I 0I M \ I m Lo fix. \02 S HEET 2 OF 2 U) o I I J L t UW vO Li J < m n Li m(Dz Q w w � w �� �88 w w Z C) ~ = UNPLATTED v x t= t BENNIE M. & PATRICIA S. BROWN REC. NO. 85045237 ZONED R -1A N89'42'25' E Od 10 20 2.74' SET 5/8" REBAR FND. 1/2" REBAR W/ ALUMINIUM CAP W/ PLASTIC CAP LS 34594 SCALE: 1 "= 20' MSEAPC, LS 17489 I N89 4 42' 25 "E 391.00' ® „� 1 ..� — ® -- — � ° - 238.45 PARCEL 2 J (OLD PARCEL) 31 '40'00 "Kr I 241, 78• � N89 48'42 "E PARCEL I ON (OLD PARCEL) �6�Zs�pO 3� olr� 0 z LOT 1, BLOCK 1 to I `"' ® r�� 8 ss`s AREA = 1.520 ACRES, 66,216 SQ. FT. i 0 I 0I 0 \ C5 I �I0 N I V) or z I r ! I 0 w L n ;'" t9 � < '0 ° I 0 a z U) N cn CD � f I m I c i I f O W N i I 22, T3S r N89'35'09 "E R69W, 6TH P.M. i o a 0 22,43' S00'17 35 E �2 9 08- I LS 13212, 1984 i 11.17' i IFND. 1/2" REBAR i I ' ' W /PLASTIC CAP\ I DETENTION EASEMENT A ILLEGIBLE I \ f ✓ DETENTION EASEMENT 'B' 4; Uj i UNPLATTED BOBBIE G, & CONNIE JO NELSON REC. NO. 93058859 ° ZONED R -1A r� P � _U Li I Ir Q � m w a= I (0 U _ °o 00I to I "�' Q. 1 or EXISTING OULLETTE DITCH UNPLATTED I DUANE E. & WILMA M. HELMS BK. 2199 PG. 389 1 ZONED R -1A N 89'42' 25 "E 6.0' V) En NOO l {''35 "W� �� z� N! 114.00' FND. 5/8" REBAR ZONED PCD f h' z / J f UNPLATTED CITY OF WHEATRIDGE REC. NO. 92001254 ZONED R -2 y 1 w C is in OUNTAIN S ATES ENGINEERING ASSOCIATES P C 12880 W. Cedar Drive, Suite 102 Lakewood, Colorado 80228 (303) 987 -3980 (303) 987 -3988 Fox _ FND. REBAR W/ 1 -1/2" ALUM CAP PLS 27278 SET 5/8" REBAR W /ALUMINIUM CAP LS 34594 UNPLATTED PETER H, & JACKIE A. ZIEMKE REC. NO. F0762680 ZONED A -1 W: \SDSKB \PROJ \0044A \DWG \PLAT \PLAT,DWG AUG. 24, 2001 DRS IN of 4� , ®] = N I or I r i U) w L n I t9 � < '0 ° 0 I N cn CD � f I m I i SW CORNER SEC. 22, T3S i R69W, 6TH P.M. FND 3 -1/4" BRASS CAP I LS 13212, 1984 i IN RANGE BOX ZONED PCD f h' z / J f UNPLATTED CITY OF WHEATRIDGE REC. NO. 92001254 ZONED R -2 y 1 w C is in OUNTAIN S ATES ENGINEERING ASSOCIATES P C 12880 W. Cedar Drive, Suite 102 Lakewood, Colorado 80228 (303) 987 -3980 (303) 987 -3988 Fox _ FND. REBAR W/ 1 -1/2" ALUM CAP PLS 27278 SET 5/8" REBAR W /ALUMINIUM CAP LS 34594 UNPLATTED PETER H, & JACKIE A. ZIEMKE REC. NO. F0762680 ZONED A -1 W: \SDSKB \PROJ \0044A \DWG \PLAT \PLAT,DWG AUG. 24, 2001 DRS IN TO: Planning Commission FROM: Alan White, Planning and Development Directokx� SUBJECT: Case No. ZOA 01-03, Violations of Code One suggested change was not included: failure to obtain a building permit. This is addressed in the building code and also in Section 26-103 B. C:�,MyFiles\WPFiles\Projectstzoxiing aniendmentsWioladons changes,wpd CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Council Bill No. Ordinance No. TITLE: AN ORDINANCE AMENDING THE WHEAT RIDGE CODE LAWS TO PROVIDE FOR ENFORCEMENT OF VIOLATION OF CHAPTER 26. 1 WHEREAS, the Council has recently approved a comprehensive revision of Chapter 26 of the Code of Laws, concerning land use, zoning and development, and BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Wheat Ridge Code of Laws entitled Section 26-1004 "Violations" is amended by the addition of a new subsection B; the entire section, as amended, to read as follows: ANY APPROVAL, OR ANY CONDITION OR STIPULATION IMPOSED ON ANY APPROVAL, OF ANY SITE DEVELOPMENT REQUEST APPROVED BY THE BODY HAVING FINAL APPROVAL AUTHORITY. 2. AN DE P B U I L D ING al � PER MIT, CE O F OCCU '1 r 3 — D A Y TEMPORARY USE PERMIT APPROVED BY THE PLA NNING A i DE 3. ANY CLASS I FLOOD PLAIN PERMIT OR EXCAVATION AN D tiR CONT P ERMIT PU 4 THE CONDITIONS PE R MIT. 11� 5. THE USES, CONDITIONS, O DE ST A N DARD S O A P L A NNED DEVEL FINAL D EVELOPMENT P L A N. 7. ANY PROVISION, REQUIREMENT, OR STANDARD OF THIS CHAPTER. GEa \53027\38439M1 2 Section • Effective Date. This Ordinance shall take effect fifteen days after final publication, as provided by Section 5.11 of the Charter. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by ,?, vote of to , this day of ,2001. SIGNED by the Mayor on this - dav • 2001. Wanda Sang, City Clerk Approved As To Form 0- ".10INDT. IN First Publication: Second Publication: Wheat Ridge Transcript Effective Date: GEM53027\38439M1 3 C:\MyFiles\WPFiles\Projccts\zoning amend entstres setbacks.wpd CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Council Bill No. Ordinance No. TITLE: AN ORDINANCE AMENDING SECTIONS 26-206, 26-207, 26-208, 26-209, 26-210, 26-211, 26-212 AND 26-611 OF THE WHEAT RIDGE CODE OF LAWS PERTAINING TO REQUIRED SETBACKS FOR RESIDENTIAL STRUCTURES AND EXCEPTIONS THERETO. WHEREAS, the Council has recently approved a comprehensive revision of Chapter 26 of the Code of Laws, concerning land use, zoning and development, and WHEREAS, the Council wishes to amend to development standards in individual zone districts pertaining to setbacks; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Wheat Ridge Code of Laws, Section 26-206 Residential-One A District (R- 1 A) is hereby amended to read as follows: A, Intent and Purpose: This district is established to provide high quality, safe, quiet and stable low-density residential neighborhoods, and to prohibit activities of any nature which are incompatible with the low-density residential character. • NL��� Minimum Maximum Minimum Minimum Front Minimum Minimum Maximum Building Lot Lot Yard Side Yard Rear Yard Height Coveraget"I Area''' Widthlit Setback Setback'al Setback 35 30% 9,000 Sf 75' 30'(c' lolfi -Idl 15, 35' 30% 9,000 Sf 75' 30 .(C) 10 161- (d) 15, 20' 1,000 sf 9,000 Sf 75' 30'(c) 5 1 5 1 20" 400 sf 9,000 Sf 75' 30' 5 'W 5 '(6) 35' 30% 1 acre 200' 30o) 15"' 20' 35' 30% 9,000 Sf 75' 30'tc S« (d) 15' NL��� Section 2. Wheat Ridge Code of Laws, Section 26-207 Residential-One B District (R- 113) is hereby amended to read as follows: Sec. 26-207 Residential-One B District (R-1 8). A. Intent and Purpose. This district is established to provide high quality, safe quiet and stable small lot, low-density residential neighborhoods, and to prohibit activities ' ii any nature which are incompatible with the low-density residential character. Minimum Minimum Maximum Maximum Building Height Coverage"" 35 40% 35 40% 20' 600 sf 20' (9 ) 400 sf Minimum Minimum Minimum Front Minimum Minimum Lot Lot Yard Side Yard Rear Yard Area Widthlil Setback SetbacWs) Setback (b) 7,500 sf 60' 30'(':) ra4M 10, 7,500 sf 60' 30' ( c ) 64 (d) 10, 7,500 sf 60' 30'(0) 51 5' 7,500 sf 60' 30* Vs) Ve) 35' 40% 1 acre 35' 40% 9,000 sf 200' 30"i ;i 15,o)(f) 20' 60' 30.(C) 5,W 10, X Intent and Purpose: This district is established to provide high quality, safe, quiet and stable, medium-density single-family residential neighborhoods, and to prohibit activitiesof any nature which are incompatible with the medium-density residential character. Section 4. Wheat Ridge Code of Laws, Section 26-209 Residential-Two District (R-2) is hereby amended to read as follows: A. Intent and Purpose: This district is established to provide high quality, safe, quiet and stable low to moderate-density residential neighborhoods, and to prohibit activities of any nature which are incompatible with the residential character. B. Development Standards: GED153027\384393.01 3 Minimum Maximum Minimum Minimum Front Minimum Minimum Maximum Building Lot Lot Yard Side Yard Rear Yard Height Coverage' Area Width Setback Setback*'* Setbacklbl One-family dwelling 35' 40% 5,000 sf 50' 30":k Vt.) 10, Group home 35' 40% 5,000 sf 50' 30"' f';fs) 10, Detached garage or carport 20' 600 sf 5,000 sf 50' 30") 5' 10 Private storage shed 20'" 400 sf 5,000 sf 50 30' 5'' d> 5 , ( d) Churches, schools, government and quasi-government build- ings, golf courses 35' 40% 1 acre 200' 30'" 15 1 N 20' All other uses 35' 409' 5,000 sf 50 30'(c) 5,(d) 10, Section 4. Wheat Ridge Code of Laws, Section 26-209 Residential-Two District (R-2) is hereby amended to read as follows: A. Intent and Purpose: This district is established to provide high quality, safe, quiet and stable low to moderate-density residential neighborhoods, and to prohibit activities of any nature which are incompatible with the residential character. B. Development Standards: GED153027\384393.01 3 - Minimum Maximum Minimum Minimum Front Minimum Minimum Maximum Building Lot Lot Yard Side Yard Rear Yard Height Coverage IN Area WidthQ' Setback Setbacks * Setback One-family dwelling 35' 40% 9,000 sf 75 30 =(c) f,2 (d) 10, Two-family dwelling 35' 40% 12,500 100 30'(c) Cp (d) 10 unit s) sf 100 30' 10 14) Group home 35' 40% 9,000 sf 75' 30" F94 (d) 10, Detached garage or carport 20' 1,000 sf 9,000 sf 75' 30"c' 5. 5' per unit 9,000 sf 75' 30' ( c ) 5' 5 1 Private storage shed 20" 91 400 sf 9,000 sf 75' 30 , Private storage shed 20' (9) 400 sf/ 9,000 sf 75' 30' 5` 1 5' (0) - Minimum Maximum Minimum Minimum Front Minimum Minimum Maximum Building Lot Lot Yard Side Yard Rear Yard Height Coverage" Area Width Setback Setback' Setback One-family dwelling Two-family dwelling 35' 40% 7,500 sf 60' 30'fc 10 Multif amily (3/more dwelling 35' 35' 40% 40% 9,000 sf 75 30'(c) 10 unit s) 13,050 100 30' 10 14) S fW Group home Detached garage or carport 35' 20' 40% 9,000 sf 75' 30' Wik) 10, 600 sf 9,000 sf 75' 30' ( c ) 5' 5 1 (per unit) Private storage shed 20' (9) 400 sf/ 9,000 sf 75' 30' 5' (0) 5 (4) 4 d.u. GED\53027\384393.01 4 Section 6. Wheat Ridge Code of Laws, Section 26-211 Residential-Three 11istrict (R-3) is hereby amended to read as follows: A. Intent and Purpose: This district is established to provide high quality, safe, quiet and stable medium- to high-density residential neighborhoods, and to prohibit activities of any nature which are incompatible with the medium- to high-density residential character, 1 5 Minimum Maximum Minimum Minimum Front Minimum —n—'—'n � Maximum Building Lot Lot Yard Side Yard � Rear Yard � � Height Coverage" Area Width Setback Setback�* Setback 1b, Churches, mchuo|m' 0avnnmmnmnt and quasi-government build- ings, golf courses 35' 40% 1 acre 200' 30`m 1s'mm 20' All other uses 35' 40% 9,000 sf 75 30' 5` 10^ (a) Side yard setback shall bo five (5) feet FOR ONE STORY, TEN (10) FEET FOR TWO STORIES, FIFTEEN (15>FEET FOR THREE STORB . Any side yard which abuts u public street shall have a minimum setback vfthirty (30) feet for all structures. (b) Any ear yard which abuts e public street ybaU have s minimum setback of oh|mx (30) feet for all structures. (o) Front setbacks for one- or two-family dwelling structures on lots or portions of lots which abut cul-de- sacs may be reduced to ten <104 feet for those portions of |ctm which abut a cul-de-sac bulb. (Sam Figure 26-123.3.) <d> A minimum oy four thousand three hundred fifty (4 square feet ofland area shall be required for each dvveU|mg unit for nnu|bfanni|y buildings. (a) Any building or structure which houses animals, except a residence, shall be set back fifteen (15) feet. (f> Fifteen-foot setback for the first story and five (5) feet for each additional story. (g) Poultry houses and pigeon coops are limited to a maximum height of twelve (12) feet. (h) Minimum twenty-five percent (2596) landscaping required onsite. (See section 26-5O2,> (i) Minimum ten (10} hae% of landscaping is required within the front and side yard setbacks adjacent to public streets. (See section 26-5O2.> (j) Rear yards for building which exceed two (2) stores shall be/nomeamed five (5) feet for each additional story over two <%> stories. W Corner lots shall have a minimum lot width ofeighty (80) feet for both street frontages, (1} Remonmd, � NOTE: The requirements of section 28-120(D)(2) ubaU not apply to require compliance with minimum lot area ^ � and/or minimum land area per unit requirements otherwise applicable to the reconstruction of multifamily dwelling units in the R-2A district, where such structures and their reconstruction meet all of the following requirements: (1) the structure was legally in existence on September 8, 1997. <2> the structure is located upon m lot which does not meet the then-applicable minimum lot area and/or minimum land area per unit requirements for such proposed reconstruction, and (3) such reconstruction is restricted to replacement of the structure which has been destroyed. This exemption shall not apply to: (1) new construction where no replacement ofa preexisting structure takes place or (2) reconstruction of structures vvh|uh were not legally in existence (am distinguished from legal nonconforming structures). Section 6. Wheat Ridge Code of Laws, Section 26-211 Residential-Three 11istrict (R-3) is hereby amended to read as follows: A. Intent and Purpose: This district is established to provide high quality, safe, quiet and stable medium- to high-density residential neighborhoods, and to prohibit activities of any nature which are incompatible with the medium- to high-density residential character, 1 5 B. Development Standards: Minimum Maximum Minimum Minimum Front Minimum Minimum Maximum Building Lot Lot Yard Side Yard Rear Yard Height Coverage' Area Width Setback Setbacklll' Setbac0l One-family dwelling 35* 40% 7,500 sf 60" 30`� 5 10 Two-family dwelling 35' 40% 9,000 sf 75" 30"' 5' 10 Multifamily (3 or more dwelling 35' 40% 12,500 100 30' 15" 15'4& aaa units) sf (d) Group home 35' 40% 9,000 sf 75' 30'(0 5' 10 Detached garage or carport 20' 600 sf 9,000 sf 75* 30"' 5' 5' per unit Private storage shed 20"fl 400 sf/ 9,000 sf 75' 30 5" 5"' 4 d.u. Churches, schools, government .-A _­__:­.---__­ ­"'. 35 40% 1 acre 200' 30' th) 15 20' NMEE• w � 0 A. Intent and Purpose: This district is established to provide high quality, safe, quiet and stable medium-density residential neighborhoods, and to prohibit activities of any nature which are incompatible with the medium-density residential character. (a) Side and rear yard setback shall be ten (10) feet for the first two stories and an additional five (5) feet GED153027\384393.01 Minimum Maximum Minimum Minimum Front Minimum Minimum Maximum Building Lot Lot Yard Side Yard Rear Yard Height Coverage' Area Width Setback SetbacO` Setback"' One-family dwelling 35' 40% 7,500 sf 60" 30 - te ) 5' 10 Two-family dwelling 35' 40% 9,000 sf 75' 30"c 5' 10 Multifamily {3+ dwelling units) 35' 40% 12,500 100' 30' 15'(0) 15 . 4 - (a) sf (d) Group home 36* 40% 9,000 sf 75' 30" 5. 10, Detached garage or carport 20' 600 sf 9,000 sf 75' 30"ci 5' 5' per unit Private storage shed 20' ( f ) 400 sf/ 9,000 sf 75' 30' 5' (0) 5` 1 4 d.u. Churches, schools, government 35' 40% 1 acre 200' 30` 15 20' and quasi-government build- ings, golf courses, small day care center, and nursing, elderly and congregate care homes All other uses 35' 40% 9,000 sf 60' 30' 15' (8) 10 (a) Side and rear yard setback shall be ten (10) feet for the first two stories and an additional five (5) feet GED153027\384393.01 Section 8. Wheat Ridge Code of Laws, Section 26-611 'Building Setbacks" is amended by the addition of a new subsection; the entire section, as ,.de to read as follows: Sec. 26-611 Building setbacks. A. Generally, building setback shall be measured at right angles from the closest property line to the outermost wall of a building. IN RESIDENTIAL ZONE DISTRICTS, ENCROACHMENTS into required setback areas shall not be permitted except as follows: B. IN COMMERCIAL, AGRICULTURAL AND INDUSTRIAL ZONE DISTRICTS, ENCROACHMENTS INTO REQUIRED SETBACK AREAS SHALL NOT BE PERMITTED EXCEPT AS FOLLOWS: PORCHES, PATIOS, DECKS AND BALCONIES. PORCHES, PATIOS, DECKS AND BALCONIES WHICH ARE OPEN ON AT LEAST TWO (2) SIDES MAY ENCROACH INTO A FRONT SETBACK UP TO EIGHT FEET OR INTO A SIDE OR REAR YARD A MAXIMUM OF ONE-THIRD THE DISTANCE TO THE CLOSEST PROPERTYLINE. GED\53027138439101 8 READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to this day of 2001. SIGNED by the Mayor on this day of 2001. wflfi� Gretchen Cerveny, Mayor GED\53027138439101 Gerald E. Dahl, City Attorney First Publication: Second Publication: Wheat Ridge Transcript Effective Date: GED\53027\384393.01 10