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HomeMy WebLinkAboutMS-96-5~~ The City of ADMINISTRATIVE PROCESS APPLICATION Wheat ~Rid~re Department of Planning and Development b 7500 West 29th Ave., Wheat Ridge, CO 80033 Phone (303) 237-6944 Applicant ~ ~- Address ~57oZTo-t~ -- ~T PhoneZ33-~R'1~3 Owner ~~ ~~r ~, ~eti'F ~t r~"~~ c= ~6Address T i?3~}S 1i,~~ 3~~`~r w, Phone 2J-2Z- 5~-3' ~~/ a,r,,,,~ _ Location of request Type of action requested.-(.check. one or more_ of the actions listed-below which pertain to your request.) ^ Change-of zone or zone conditions Site development plan approval Special use permit Conditional use permit Temporary use/building permit Minor subdivision Subdivision e Preliminary Final [] ** See attached procedural guide for specific requirements. Detailed Description of request Variance/Waiver Nonconforming use change Flood plain special exception Interpretation of code Zone line modification Public Improvement Exception Street vacation Miscellaneous plat Solid waste landfill/ mineral extraction permit ^ Other List all persons and companies who hold an interest in the described real property, as owner, mortgagee, lessee, optionee, etc. NAME ADDRESS PHONE ~7~ - ~i3 5~'~ I certify that the information and exhibits herewith submitted are true and correct-to the best_of my knowledge and that in filing this application, I am acting with the knowledge and consent of those persons listed-above, without whose consent the requested action cannot lawfully be accomplished. Applicants other than own must m £ wer-of=attorney from-the owner which approved of this. tin on~~ Signature of Applicant ~ _ ~ ~Y.J ,~ ribed and sworn to me 's ~~' day o r•, 19 ~_~ tpRY.p~ .~ ?~ P ~"' H'iC~h Notary Public ,j~~ 2- ,~EAL G' e 7 Glfi~ C~©Z«- ' :m ti My commission expires //1'x.3' ~/~ ~.. '.Recei~ -/~- ~ Receipt No. ~~/~ Case No. • _. , _ ....... _a -- Recorded at.....~ ...................o'clock..__.....M., ..'----'-....-...'---'--.. ............................------- RECEPTION NO. F0223093 11.00 PG; 0001-002 230 RECORDED IN JEFFERSON COUNTY, COLORADO 4/26/96 THIS DEED, Made this ~~ day of April 1996 , between LEE DOUD, INC., a Colorado corporation ~/ 1~ Pvi ua tLL`.. ~~ ~~ a corporation duly organized and existing under and by virtue of the laws of the State of Colorado, of the first part, and GRANT W. COBB and SHARON E. GARDNER, Personal Reppresentatives of the Estate of Julia Marie Cobb, a/k/a Jewell Marie Cobb* of the County of Jefferson State of Colorado, of the second part, WITNESSETH, That the said party of the first part, for and in consideration of the sum of Twenty Dollars ($20.00)---------- 10;09 ------------ ------------------------------------------- DOLLARS, to the said party of the first part in hand paid by the said parties of the second part, the receipt whereof is hereby confessed and acknowledged, bath remised, released, sold, conveyed and QUIT CLAIMED, and by these pres- ents doth remise, release, sell, convey and QUIT CLAIM unto the said parties of the second part, their heirs and assigns forever, alI the right, title, interest, claim and demand which the said party of the first part bath in and to the following described real property situate, lying and being in the County of Jefferson and State of Colorado, to kzt: Property described on Exhibit A attached hereto and incorporated herein by this reference. *and Sewell M. Cobb and Julia M. Cobb, Deceased CONSIDERATION LESS THAN $100.00 - NO DOCUMENTARY FEE REQUIRED. TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and prIvilegea thereunto belonging, or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever, of the said party of the first part, either in law or equity, to the only proper use, benefit and behoof of said part of the second part, their heirs and assigns forever. IN WITNESS WHEREOF, The said party of the first part bath caused its corporate name to be hereunto subscribed by its President, and its corporate seal to be hereunto affixed, attested by its Secretary, the da ear first above written. Attest: aecretnry. Ss STA F COLORADO ..........County of.._Jefferson ................... ...._ a The forego/iing instrument was acknowledged before me thta o~ S ~~~ 96 ,by `q/.Vl~ /... J~ tJi~S~ N2, A$ ~/[-S~d~4JT day of April as President and as Secretary of i~E!.~l~r~/.9ii •.., ~ a corporation. comalissioity ea ..... Jv ^~`` ...~ ~ i. / 9 '~ ..... ~~twdof~c seal. DUGAN i ..................~~......~.~ ~.......___ . ~e0 NoGq Public ~F CO~~QQ LEE _DOp~,_INC ._,_-~-_Co to;~do,_c orp_gra t ion, 7 ~~(/ ..// ~// Prmidmt. `/a No.108-B. QUIT CLAIM DEED. -Corporntioa Form-Bradford Publbbin¢ Co.. 1624./8 Stout street, Drover. Colorado-11.74 RECEPTION NO. i F0223083 EXHIBIT A -u. ' ..,. DESCRIPTION TRACT-AC :.'~~%:;i +r3ih. (:-'~f,"', ;r:_. ..ri.. A TRACT OF LAND ~ LOCATED IN ~ THiE#J~bUTHEAST' 1/'4 OF SECTION 20' AND TFIE NORTHEAST 1/4 OF SECTION Z9 BOTH OF TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH P.M., CITY 17F WHEAT RIDGE, JEFFERSON COUNTY, COLORADO, DESCRIBED AS FOLLOWS: 'BEGINNING AT THE NORTHEAST CORNER, OF TFiE NORTHWEST 1/4 OF TiiE NORTHEAST 1/4 OF SAiD SECTION 29; T'tiENCE S.0' 28; 23 E. (BASED ON THE ASSUMPTION THAT THE 110F.TFt LI[iE of TtiE NORTHEAST,1/4 OF SECTION 29 BEARS 5.89'35'42"w.) ALONG THE EAST LINE OF SAID NORTHWEST 1/4 OF THE NORTHEAST 1/4, R DISTANCE OF 184.83 FEET TO A POINT 30 FEET NORTHERLY (MEASURED AT RIGHT ANGLES) OF THE CENTERLINE OF WEST 38TH AVENUE; THEIICE .~ N.76'41 37 E. PARALLEL TO SAID CENTERLINE A DISTAtCE OF 14.29 FEET TO AN EXISTING FENCE CORNER; THENCE N.0'17.'00"W. ALONG AtI EXISTING FENCE LINE A DISTANCE OF 995.30 FEET TO AIt EXISTING FENCE CORNER; THENCE.N.52'02'S3"W. ALONG AN EXISTING FEitCE LIttE A DISTANCE OF 3.i4 FEET TO AN EXISTING FENCE CORNER; THENCE S.•i3'29'08'W. A DISTANCE OF 12.96 FEET TO THE NORTHEAST CORIiER OF 'I'tlAT TRA!'T,DESCRIBED IN BOOK 449 PAGE 439 OF TFIE JEFFEP.SOti 31itt'f"i I?F.C~?R[~S: TfiEtiCE 5.0'05' 47"E. ALONG TfiE EAST LItFE OF snto TItA~~'I' AND '1'liE EAST LINE OF TFFE SOUTHWEST 1/4 OF TFiE SOUTtIEAST 1/4 OF SAID SECTION 29 A DISTANCE OF 806.65 FEET TO THE POINT OF BEGINNING, CONTAItiING 13,334 SQUARE FEET OF .306 ACRES, l40RE UR LESS. D..n..~rlnrl .., ` Nnlrar 1. ~, RECEPTION N0. F02230B2 ~ 11.00 230 RECORDED IN JEFFERSON COUNTY, II QUITCLAIM DEED THIS DEED, Made this r~ J ~ day of April between CALVIN L. JENKS, JR. PG:~O1-002 COLORADO 4/26/96 10:08 ,1996, 1 "~ of the 'County of Colorado, grantor(s), and GRANT W. Personal Representatives ~~ Cobb, a/k/a Jewell Marie Julia M. Cobb, Deceased whose legal address is 5430 Evert of the Jefferson and State of COBB and SHARON E. GARDNER, of the Estate of Julia Marie Cobb and Jewell M. Cobb and :tt Court, Arvada, CO 80022 County of Jefferson and Stale ofColomdo,grantee(s), WITNESSETH, That the grantor(s), for and inconsideration of the sum of Twenty Dollars ($ 20.00) ------- [he receipt and sutHciency of which is hereby acknowledged, ha s - -Dollars these presents do es remise, releas sell and UITCLAIM unto the rrante ds released, sold and QUITCLAIMED, and by o' Q g e() their heirs, successors and assigns, forever, all the right, title, interest, claim and demand which the grantor(s) has in and to the real property, together with improvements, if any, situate, lying and being in the County of Jefferson Colorado, described as follows: and State of Property described on Exhibit A attached hereto and incorporated herein by this reference. CONSIDERATION LESS THAN $100.00 - NO DOCUMENTARY FEE REQUIRED. uw a ~i ti rr~ also known by street and number as: - assessor s schedule or parcel number: TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever, of the grantor(s), either in law or equity, to the only proper use, benefit and behoof of the grantee(s) their heirs and assigns forever, IN WITNESS WHEREOF, The grantor(s) has executed this deed on the date set forth above. CALVIN L. JENKS,.JR'. - ---.- - - - j_ - _ _ -- STATE OF COLORADO, l { ss. CoumyoP Jefferson ~/I The foregoing instrument was acknowledged before me this ~ S day of April , 1996 , by CALVIN L. JENKS, JR. ~FtY PV a~ tmllsiblt•e~ ~ ~ % Jr' ~ Witness my hand and official seal. CARL W. .`•. OUGAN t N/ ~ ?C0 :. a~/i „-•--wFX ~Q` Notary Public d~i~6'dE~= and". Name and Addres ofPerson Cteatme Newty Created lR I Chxcn non 38 35- D6.5, C.R.S.) No. 933. Rcr: 4-94. Qmrct.Atmt neeD Bradford Publishing, 1743 Waxee St, Denver, CO 80202 - (303) 292-2500 - 2-96 ~~ ~/ RECEPTION NO. F02~82 a ~. - -- N • .DESCRIPTION TRACT A: A TRACT OF LAND~.LOCATED IN THE=~IOUTHEAST lf4 OF SECTION 20'AND TFIE NORTHEAST 1/4 QF SECTION Z9,•~HOTH OF TOWNSHIP 3 SOUTIi, RANGE 69 WEST OF THE SIXTH P.M., CITY 17F WHEAT RIDGE, JEFFERSON COUNTY, COLORADO, DESCRIBED AS FOLLOWS:'HEGLNN2NG AT THE NORTHEAST CORNER. OF TFFE NORTHWEST 1/4 OF TFFE NORTHEAST 1/4 OF SAID SECTION 29; 1'fiENCE S.0'28;23"E. (BASED ON THE ASSUMPTION THAT THE IfOP.TFt LINE OF TFFE NORTHEAST 1/4 OF SECTION 29 BEARS 5.89'36'42"W.) ALONG TFFE EAST LINE OF SAID NORTHWEST 1/4 OF THE NORTHEAST 1/4, R DISTANCE • OF 189.83 FEET TO A POINT 30 FEET NORTHERLY (MEASURED AT RIGlFT ANGLES) OF THE CENTERLINE OF` WEST 38TH AVENUE; THEIfCE N.76'41'37"E. PARALLEL TO SAID CENTERLINE A DISTAICE OF 14.29 FEET TO AN EXISTING FENCE CORNER; THENCE N.0'I7'00"W. ALONG Atf EXISTING FENCE LINE A DISTANCE OF 995.30 FEET TO Ail EXISTING FENCE CORNER; THENCE, N.52'02'S3"W. ALONG AN EXISTING FENCE LINE A DISTANCE OF 3.74 FEET TO AN EXISTING FEIFCE CORNER; THENCE S.•F3'29'08"W. A DISTANCE OF 12.96 FEET TO THE ttORTFFEAST CORNER OF '!'FIAT TRACT DESCRIBED IN HOOK 449 PAGE 439 OF TFIE JF.FFL•P.SON ~'UlftiT"i RE.CURUS; TiiEI7CE S.0'OS'47"E. ALONG TfiE EAST LINE OF SAID TKAC't' A[tD '1'FSE EAST LINE OF TIFE SOUTHWEST 1/4 OF TFFE SOUTHEAST 1/~1 0[' SAID SECTION 29 A DISTANCE OF 806.65 FEET TO THE POINT OF BEGINNING, CONTAINING 13,334 SQUARE FEET OF .306 ACRES, t40RE OR LESS. 7500 WEST 29TH AVENUE P.O. BOX 638 The City Of WHEAT RIDGE. CO 80034.0638 (303) 234-5900 GWheat City Admin. Fax # 234-5924 Police Dept. Fax # 235-2949 Ridge April 23, 1996 The Wheat Ridge Department of Community Development has received a request for ~proval of a four-lot minor subdivision at the- property described below. Your response to the following questions and any comments on this proposal would be appreciated by Ma}~ 9, 1996 No response from you by this date will constitute no objections or concerns regarding thins proposal. CASE NO: MS-96-5/Schneider LOCATION: 12345 West 38th Avenue REQUESTED ACTION: Approval of a four-lot minor subdivision in the R-1 and A-2 zone districts PURPOSE: Construction of four single-family residence APPROXIMATE AREA: 5.8 acres 1. Are public facilities or services provided by your agency adequate to serve this development? YES NO If "NO", please explain below. 2. Are service lines available to the development? YES NO_ I£ "NO", please explain below. 3. Do you have adequate capacities to service the development? YES NO If "NO", please explain below. 4. Can and will your agency service this proposed development subject to your rules and regulations? YES NO If "NO", please explain below. 5. Are there any concerns'or problems your agency has identified which would or should affect approval of this request? Please reply to: M Reckert Department of Planning & Development DISTRIBUTION: XX Water District (ConsolidaJted Mutual XX Jefferson Co. Health Dept. XX Sanitation District (Westridge~ XX Jefferson Co. Schools XX Fire District (Wheat Ridge XX Jefferson Co. Commissioners Adjacent City ( ) Denver Water Board XX Public Service Co. XX W R Post Office XX US West Communications XX W R Police Dept. State Land Use Commission XX W R Public Works Dept. State Geological Survey XX W R Parks & Recreation Com. Colorado Dept. of Transportation W R Forestry Div. Colorado Div. of Wildlife W R Building Div. XX TCI of Colorado <pc>referralform ' V P~~. u(.v//}VS i r, CONTACT NUMBER: 1 - DATE: 19 APRIL, 1996 SUBDIVISION NA~EE: PROSPECT RIDGE SUBDIVISION ENGINEER:- NAME: LANE ENGINEERING SERVICE INC PHONE: (3037 233-4042 FAX: (3037 CITY REPRESENTATIVE: CHUCK BRADEN REMARKS: 1: IMPROPER >a SECTIONS 7_: REOUEcT ROTAT70N ANGLE TO OUR DATUM 3: CLOSURE WELL WITHIN OT7R TOLLERANCES RnmAmFi WE D7 FE RFN'P B)=ARiNG ON CEN 'P ~ RLINE _ _ 5: WHAT IS APPAREIdT CUL DE SAC EASEMENT OR ROW? 6: IF ROW - DEFINE CURVES DEDICATE AND NAME STREET 7: TF EASEMENT DEDICATE AS FIRE LANE REMOVE CIT1 ENGINEER SIGNATURE BLOCK 9: CHANGE MOUNTAIN STAPES T&T TO US WEST COMMUNICATIONS ~ NEED SI'MBUL FOR SET PIN _ } ~ DO THEY OWId EAST OF T~3F ALIQUOT LINF __ lam: i OUESTICN Wi-:~;";'!"'a„MOTE 9 IS ADEQUATE/LEGA LLI' DINDING (MERE ONLY) ENGINEER REPRESENTATIVE: STEVE LISTER REMARKS: How contact made: person phon .letter fax REPRESENTATIVE: City: Engineer: Callback 1 Date: Remark: Callback 2 Date: Remark: CallbackL Daie: kemark: -~ ONSOLIDATED mutual water 0¢-29-9fiA10:2,y RCVD April- 26, 1996 Meredith Reckert Department of Planning City of Wheat Ridge 7500 West 29th Avenue Wheat Ridge, Colorado and Development 80215 Re: City of Wheat Ridge .Case Number MS-96-5/Schneider, 12345 West 38th Avenue, ,proposed four-lot minor subdivision in the R-1 and A-2 zone districts Dear Ms. Reckert: This will acknowledge receipt of your correspondence dated April 23, 1996 regarding the above referenced property. Please be advised that-the above referenced property is in an area served by The Consolidated Mutual Water Company by virtue of a Distributor's Contract. with Denver Water. Domestic water service .may be provided to this property subject to compliance with the Company's rules, regulations and requirements for such service, as well as the water-tap allocation policies as established by Denver Water. The Company's rules, regulations and. requirements further. require that each separate structure. be served by a separate tap and meter, and in order to receive domestic water service, the property must also front a Company main. If the future planned use of this property is within any of the. above categories, the owner, engineer or-architect should contact this office as soon as possible- so that we may determine what water system improvements will be needed to serve this property. If the above referenced property is to be served by a private drive instead of a dedicated street (public. R-O-W), an easement from the property owner will be required to provide Lots 2, 3 and 4 with domestic water per The Consolidated Mutual Water ,Company and Denver Water requirements. THE CONSOLIDATED MLiTUAL WATER COMPANY 12700 West 27th Avenue • P.O. Box 150068 • Lakewood, Colorado 80215 Telephone 238-0451 • Fa 237-5560 Meredith Reckert City of Wheat Ridge April 26, 1996 Page 2 Fire- protection requirements should be obtained from Wheat Ridge Fire Protection District and those requirements forwarded to this office by the Fire District at the earliest possible time. We can .then determine if additional system improvements would be required to meet-the demands set forth by the Fire District. If you should. have any questions or comments regarding this correspondence, please contact .this office. Sincerely, ..~......., x..~~.. Water Distribution Manager /j 1 cc: Dan Schneider (Applicant) Dave Roberts, Wheat Ridge Fire Protection District Walter Welton, PLS/PE, CMWCo President John Allen, CMWCo Engineer 7500 WEST 29TH AVENUE . • P.O. BOX 63s The City of WHEAT R1DGE. CO80034-0638 )303) 234-5900 ~Wh t ~ ~ City Admin. Fax x 234-5924 Po,~pe Dept. Fax ~ 2352949 1\l~gli April 23, 1996 ~ ~ The Wheat Ridge Department of Community Development has received a request ~~ for approval of a four-lot minor subdivision at the property described below. ~m Your response to the following questions and any comments on this proposal T would be appreciated by MayYY~ iqg~ No response from you by this date will constitute no ob3ections or concerns regarding this proposal. {~ CASE N0. MS-96-5/Schneider T _ ~ LOCATION: 12345-West 38th Avenue ~ REQUESTED ACTION: A pproval of a four-lot minor subdivision in the R-1 and A-2 zone districts a .a `~ ~ PURPOSE: Construction of four single-family residence APPROXIMATE AREA: 5.8 acres ~ 1. Are public facilities or services provided by your agency adequate to serve this development? YES NO If "NO", please explain below. 2. Are service lines available to the development? Y~ESI 0~,~~ _2~IO_~. I£ "Np ", please expl/ain below. t II ty ~ G4n+s~-~'~~+t~m ~DYtA1NT, g~ S~VK~° /IarS Gt,VC f*~y~i~S~Lai~ltf~S e 3. Do o have adequat capaciti s to service the develo ment? `~° "'~ YES NO If_"NO", please explain below. ~ 4. Can and will your agency service this proposed development subject to N your rules and regulations? YES~_ NO If "NO", please explain below. N ~ 5. Are there any concerns or problems your agency has identified which N would or should affect approval of this request? Please reply to: S M, Reckert ,. Department of Planning & Development DISTRIBUTION: XX Water District (Consolida}ted Mutual XX Sanitation District (Westridg~, XX Fire District (Wheat Ridge Adjacent City ( ~ XX Public Service Co. XX US West Communications State Land Use Commission State Geological Survey Colorado Dept. of Transportation Colorado Div. of Wildlife /1y// Qi . r, - XX TCI o£ Colorado ~~ f~i~tar. W~,P XX Jefferson Co. Health Dept. XX Jefferson Co. Schools XX Jefferson Co. Commissioners Denver Water Board XX W R Post Office XX W R Police Dept. XX W R Public Works Dept. XX W R Parks & Recreation Com. W R Forestry Div. W R Building Div. <pc>referralform Zq APR ~~ Jefferson County Dep~ment of Health and Environl(~nt Promoting Health and Preventing Injury and Disease A CITY OF WHEAT RIDGE D .42~nn. MAY 1 51996 ~L~ITU PLANNING & DEYELOPMEN7 TO: Meredith Reckert The City of Wheat Ridge Department of Community Development FROM: Mindi Romig "Y'"l,`12 Environmental Health Services Jefferson County Department of Health and Environment DATE: May 10, 1996 SUBJECT: MS-96-5 Prospect Ridge/Schneider 12345 West 38th Avenue This properly is currently developed with a single family dwelling which is served by an individual sewage disposal system. An individual well may also still serve the dwelling. This Department does not have any records of the existing sewage disposal system. It is proposed that this 5.8 acre parcel be divided into four lots as follows: Lot 1 at 1.7 acres, Lot 2 at 1.2 acres, Lot 3 at 1.3 acres, and Lot 4 at 1.1 acres. It is our understanding that the Westridge Sanitation District and the Consolidated Mutual Water District will serve the currently vacant Lots 1, 2 and 3. Therefore, minimum lot size requirements of this Department do not apply for these sites. Lot 4, which is developed with the existing house, must be served by the public water system but will remain connected to the existing sewage disposal system. The applicant must note the location of this system on the survey in order to verify that it is entirely located within the boundaries of Lot 4. A minimum lot size requirement of one acre applies to this lot and is met in this proposal. If for any reason public water does not serve this site then this Department would not support this proposal. Administration: 1801 19th Street Lakewood Offices: 260 S. F{ipling Street Arvada Offices: ~ 6303 Wadsworth B ss Conifer Offtceg: ~ H - - --_-_ ~v~O1~~~ Health Golden, CO 80401 (303) 271-5700 Lakewood, CO 80226 (303) 232-6301 Arvada, CO 80003y~ wys. 73 &285 Mountain Resource Center 260 S. I{ipling Street Lakewood CO 80226 Fax: (303) 271-5702 Fax: (303) 239-7088 Fa03)( 03) 275-07503 Conifer, CO 80433 , (303) 232-6301 (303) 838-7552 Fax: (303) 239-7076 .~ ~ MEMORANDITIV~, a Approved Date TO: Meredith Reckert, Planner II FROM: Greg Rnudson, Development Review Engineer , DATE: May 3, 1996 SUBJ: 12345 West 38th Avenue, MS-96-5/Schnieder The Public Works Department has reviewed the Planning Department referral dated April 23, 1996 for the above referenced site, and has the following comments: 1. A final drainage report for the site from Lane Engineering, was received on April 23, 1996 and will be reviewed within the next week. 2. Street construction plans for the private drive off 38th Avenue from Lane Engineering were received on April 23, 1996. 3. We will need to process a Development Covenant in lieu of the public improvements along the south property line of the subdivision abutting W. 38th Avenue. 4. We will need to process an Application for Dumping/Landfill Permit, along with fees due for the project. Terms of this permit may require that an erosion control plan be submitted for review and approval. 5. The platehas been received and is currently in the review process by Chuck Braden. In conjunction with this review right-of-way issues regarding the public/private use of proposed access north of 38th Avenue are being reviewed. cc: Glen Gidley, Planning & Development Director John Oss, Sr. Project Engineer Steve Nguyen, Traffic Engineer John McGuire, City Surveyor Chuck Braden, ROW Technician File LD~I~flT ~IDG~ ~I~~ ~~O1~C1100 DISI~ICT P.O. Box 507 3880 Upham Street Wheat Ridge, Colorado 80034 (303) 424-7323 Date: May 3, I996 O~ON 95~i;Od96-LO-50 To: Meredith Reckert Dept. Of Planning & Development City of Wheat Ridge Wheat Ridge, Co. Subject: Approval of a four lot minor subdivision in the R-1 & A-2 zone districts. Case No.: MS-96-5/Schneider Location: 12345 W. 38 Ave., Wheat Ridge, Co. Dear Meredith, After a review of the submitted plans concerning this subdivision, I am submitting the following: 1. The required fire hydrant will be located at the north side of the culdesac adjacent to the access road for lot 4 on the west side of the lot 4 entry point. This issue has been discussed with Consolidated Water and the location is the most desirable for both entities. 2. The issue of access to lot 4 has been discussed with the potential buyer of lot 4 and he is aware that there needs to be hard surface access in order to provide emergency service to the lot. 3. Water main for the project is currently not in place at this time and will be installed at a later date including hydrant at end of culdesac. 4. Hard surface access must be in place prior to above grade construction. 5. Additional issues not addressed at this time will be addressed as the need arises. The parties involved are encouraged to contact the Fire Mazshals Office at 424-7323 should there be any questions or concerns. Respectfully, /~ Dave Roberts, FM, WRFPD MEMORANDUM TO Meredith Reckert Planning and Development FROM Deri Patt Police Department SUBJECT CASE NO: MS-96-5/Schneider 12345 W. 38 Avenue DATE May 2, 1996 I have reviewed the above listed site plan. From this plan, i do not have any issues regarding Crime Prevention to address. Thank you. Deri _. _ r 7500 WEST 29TH AVENUE P.O. BOX 63S WHEAT RIDGE. CO 800340638 City Admin. Fax X-234-5924 April 23, 1996 The Wheat Ridge Dep< for approval of a fc GiTY OF WHEAT RIDGE ~~~ (~~ The City of i.?~3) 23a~5900 cWheat P I~ ept. Fax~~~~949 Ridge PLpNNkNG & DEVELOPMENT of Community ninor subdiv: Development has received a request aion at the property described below. Your response to the following questions and any comments on this proposal would be appreciated by May 9. 1996 NO response from you by this date-will constitute no objections or concerns regarding this proposal. CASE NO: MS-96-5/Schneider _ - LOCATION: 12345 West 38th Avenue l~/e"_ /~ ~~E ~" REQUESTED ACTION: Approval of a four-lot minor subdivision in the R-1 and A-2 zone districts - PURPOSE: Construction o four s'ngle-family residence ~~L~-~ `-~~pe APPROXIMATE AREA: 5.8 acres ® ~ Cf~ "7 1. Are public facilities or services provided by your agency adequate to serve this development? YES NO If "NO", please explain below. 2. Are service lines available to the development? YES NO If "NO"-, please explain below. 3. Do you have adequate capacities to service the development? YES NO If "NO", please explain below. 4. Can and will your agency serFrice this proposed development subject to your rules and regulations? YES NO If "NO",-please explain below. 5. Are there any concerns or problems your agency has identified which would or should .affect approval of this request?, Please reply to: /_~~-7~~~ M Reckert Department of Planning & Development DISTRIBUTION: XX Water District (Consolida)ted Mutual XX Sanitation District (Westridge) XX Fire District (Wheat Ride Adjacent City ( ) XX Public Service Co. XX US west Communications --- State Land Use Commission State Geological-Survey Colorado'Dept. of Transportation Colorado Div. of Wildlife XX TCI o£ Colorado XX Jefferson Co. Health Dept. XX Jefferson Co. School XX Jefferson Co. Commissioners Denver Water Board XX W R Post Office XX W R Police Dept. XX W R Public Works Dept. XX 61 R Parks & Recreation Com. W R Forestry Div. W R Building Div. <pc>referralform S ~~e pre Ohe, OVNiY p` L s R-1 'c h v, o ^ OOCORPQO •% JEFFERSON COUNTY PUBLIC SCHOOLS 1829 Denver West Drive, Building #27 / P.O. Box4001 / Golden, Colorado, 80401-0001 / (303) 982-6500 PLANNING COMMENTS JEFFERSON COUNTY SCHOOL DISTRICT NO. R-1 EDUCATIONAL SERVICES CENTER 1829 DENVER WEST DRIVE P. O. BOX 4001 GOLDEN, COLORADO 80401-0001 SUBDIVISION NAME: Prospect Ridge LOCATION: 12345 W. 38th Ave. DATE: June 10, 1996 AREA: 0391 STATUS: PP Number and Type of Dwelling Units: 4 SFD Total Dwelling Elementary ~1~its Yield Junior Yield Senior Yield Total Yi Id 4 SFD .50 .26 .26 1.02 TOTAL FROM THIS PROPOSAL: 2 Elementary 1 Middle School 1 Senior High 4 Total It is estimated that costs to provide classroom facilities for the students anticipated from this proposed development will be $46,857. Currently students from this proposed development will attend: Kullerstrand Elementary School - 12225 W 38th Av, Wheat Ridge 80033 Everitt Middle School - 3900 Kipling St, Wheat Ridge 80033 Wheat Ridge Senior High School - 9505 W 32nd Av, Wheat Ridge 80033 Page 2 Comments Prospect Ridge, PP The present capacities and enrollments far these schools are: ENROLLMENT CAPACITY 10/95 96/97 97/98 CPC NEW ADDN NEW PC PERM DESIGN CAP TEMP BLDG TOTAL CAP Kullerstrand 311 306 301 324 5 135 459 4 459 Everitt 693 770 784 1209 0 1209 907 17 1335 Wheat Ride 1514 1510 1515 1461 0 1461 1486 4 1587 CPC -Current Program Capacity represents the number of student spaces that are available if there are no temporary buildings at the school. NEW PC -New Program Capacity: the CPC + the New Additions Capacity. This represents the number of student spaces that will be available at the school when additions or additional spaces are constructed from the 1992 Bond Issue, PERM DSGN CAP -Permanent Design Capacity (the way the school was built) Total CAP -Total Capacity is the Permanent Design Capacity plus the capacity of the temporary building(s). NOTE: These are estimates from School District computations. They are subject to change and are for planning purposes only. SCHOOL DISTRICT PLANNING COMMENTS: Kullerstrand Elementary and Wheat Ridge Senior are currently using four temporary classrooms each, Everitt Middle is using seventeen (most of which will be removed when construction is complete). The School District would request fees in-lieu-of land dedications for this plat based on the new Jefferson County Land Development Regulations. Any fees in-lieu-of amounts would be held in escrow accounts for future application by the School District in accordance with our procedures and the Jefferson County Land Development Regulations. Page 3 Comments Prospect Ridge, PP Based upon projections from this development and subdivisions in this area which have been approved or are pending approval, current school capacities at all three schools are inadequate to serve the anticipated student population from this proposal. However, the passage of the Bond Issue on October 6, 1992, will provide a five classroom addition at Kullerstrand Elementary, and various improvement projects -which do not indicate additional capacity - at all three schools at a cost of $6,502,600 for this area. ~/.uy Ny~ =i r~~ Kathy Capron Tully Director, Property Management ~jP xc: Barb Monseu Nanette Colaizzi Dick Ransom Dave Hendrickson Central Transportation Jeff Hall MRMORANDUM TO: FROM: RE: DATE: Approved Date Glen Gidley Director Planning and Development Gary Wardle, Director of Parks and Recreation ~V W MS-96-5/Schneider 12345 W. 38th 4 lot minor sub. May 16, 1996 The Parks and Recreation Commission has reviewed the 4 Lot minor subdivision located at 12345 W. 38th Ave. The Parks and Recreation Commission has requested So of the land- for the Park Land Dedication. The 5a is requested along the northern boundary to provide a buffer between the residential and the bluff. The specific boundary of the 5o is negotiable to meet any set back or zoning requirements. x ~ 'g. ,:k. ~- . . • ' NOTICE~OF PUBLIC HEARING . ~~ ~ Notice is hereby given-that _a Public Hearing is to the City of Wheat Ridge Planning_.Commission on May at 7:30 p.m. at 7500 West 29th Avenue, Wheat Ridge, All interested citizens are invited to speak at th Hearing_or submit written comments. The following shall.-be heard: be held before 16,. 1996 Colorado. e Public petitions 1. a~ s ~ ~MS-96-5:° An application by Daniel Schneider for the Estate of Julia Marie-Cobb for approval of a.four-lot minor subdivision for property located at 12345 West 38th Avenue. Said property is legally described as follows: A TRACT OF LAND LOCATED IN THE SOr1TUFnsT 1/4 .OF SECTION 29 AND THE NORTHEAST 1/4 OF SECTION 20, BOTH OF TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH P.M., CITY OF WHEAT RIDGE, .JEFFERSON COUNTY, COLORADO, DESCRIBED ,AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF THE NORTHWEST 1/4 OF THE .NORTHEAST 1/4 OF SAID SECTION 29; THENCE S. 0°28'23"E., ALONG THE EAST LINE OF THE NORTHWEST 1/4 OF THE NORTHEST 1/4 OF SAID SECTION 29 (BASED ON THE ASSUMPTION THAT THE NORTH-LINE OF THE NORTHEAST 1/4 OF SECTION 29 BEARS 5.89°36'42"W.) A DISTANCE OF 184.83 FEET. TO A POINT 30.00 FEET NORTHERLY (MEASURED AT RIGHT ANGLES) OF THE CENTERLINE OF WEST 38TH AVENUE AND THE TRUE POINT-OF_$EGINNING; THENCE 5.76°41'37"W. PARALLES WITH THE CENTERLINE OF WEST-38TH AVENUE, A DISTANCE OF 275.96 FEET TO A POINT ON THE WEST LINE OF THAT TRACT DESCRIBED TN BOOK 2367 AT .PAGE 645 OF THE JEFFERSON COUNTY RECORDS; THENCE N.0°07'44"W. ALONG THE WEST LINE OF THAT TRACT DESCRIBED IN SAID BOOK 2637-AND ALONG THE WEST LINE OF THAT TRACT DESCRIBED IN BOOK 2367 AT PAGE 642 A DISTANCE OF 796.38 FEET TO A 1' BY 1' CONCRETE PILLAR MARKING THE NORTHWEST CORNER OF THAT TRACT DESCRIBED IN BOOK 2367 AT PAGE 642 AND THE NORTHWEST CORNER OF THAT TRACT DESCRIBED IN BOOK 449 AT PAGE 439 OF THE JEFFERSON COUNTY RECORDS; THENCE N.45°57'49"E. ALONG THE NORTH LINE OF THAT TRACT-DESCRIBED IN SAID BOOK 449 AT PAGE 439 A DISTANCE OF 372.04 'FEET TO A POINT ON THE EAST .LINE OF THE SOUTWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 20, BEING THE NORTHEAST CORNER OF THAT TRACT DESCRIBED IN SAID BOOK. 449 AT PAGE 439; THENCE N.43°29'08"E. A DISTANCE OF 12.96 FEET TO AN EXISTING FENCE CORNER, THENCE S 52°02'53"E. ALONG AN EXISTING FENCE, A DISTANCE OF 3.74 FEET TO AN EXISTING FENCE CORNER; THENCE 5.00°17'00°E. ALONG AN EXISTING FENCE LINE A DISTANCE OF 995.30 FEET TO AN EXISTING FENCE CORNER; THENCE 5.76°41'37"W. A DISTANCE OF 14.29 FEET TO THE TRUE POINT OF BEGINNING, CONTAINING 252,797_SQUARE FEET, MORE OR-LESS. 2. Case No. MS-96-4: An application by Richard Carpenter for Michael Lynch for. approval of a two-lot minor-subdivision with variances. Said property is located at 3707 and 3711 High Court. and is legally described as follows: THAT PORTION OF THE NORTHEAST ONE-QUARTER OF SECTION 26, TOWNSHIP 3 SOUTH,-RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN, CITY OF WHEAT RIDGE, JEFFERSON COUNTY, COLORADO DESCRIBED AS FOLLOWS:- BEGINNING AT A POINT 1177 FEET WEST AND 390 FEET SOUTH OF THE .NORTHEAST CORNER OF SAID SECTION 26; THENCE AT RIGHT ANGLES WEST '135 FEET; THENCE AT RIGHT ANGLES NORTH 100 FEET; THENCE AT RIGHT ANGLES EAST 13b FEET; THENCE AT RIGHT ANGLES SOUTH 100 FEET TO THE POINT OF BEGINNING, EXCEPT THAT PORTIN DESCRIBED IN BOOR 310 AT PAGES 96 & 97 DEDICATED AS HIGH COURT. -. -- -- Sandra Wiggiris, cretary ATTEST: Wanda Sang, City Clerk To be Published: April 26, 1996 -- Wheat Ridge Transcript b:\c51696.phn ' P.O. BOX 638 -.. _ TELEPHONE: 303/237-6944 The City Of 7500 WEST 29TH AVENUE .WHEAT RIDGE, COLORADO 80034 cCW~heat April 24; 1996 i~i~ge „. This is to inform you that Case No. MG-9h-S which is a request for- -ap~rnval ~ Fn lat minor anhr9ivi ___ for. property located at _~j"~49 wPSt 3g h Av nile -- - -~ - - will be heard, by _ the Wheat Ridge _plannina Commission in__the Council ,Chambers of the Municipal Complex, 7500 West 29th Avenue at ~.~n ~?_m"_, on Mav 16 1996 , All owners and/or their legal counsel of the parcel under consideration must be present at this hearing before the ~annina Commission As an area resident or interested party, you have the right to -- attend this Public Hearing and/or submit written comments. It shall be the applicant's responsibility to notify any other persons whose presence is desired at this meeting. If you have any questions or desire to review any plans, please contact-the Planning Division. Thank you. PLANNING DIVISION <pc>phnoticeform "The Carnation City" __ _ X ~ ` m N °' ~ N ~ N S $ _ y ~ D a f ~ v ° y m $? 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C? ad ~ y"~ - ___ __ _ - _- o w ~ W C2 C. .a In r cwi ~ W ~ rn a ~ ~ is v ~ a h ~ - .. - - ~ -- - ~ , 9D2 `CDh 2'C6 d ( L02 'CDfi 2'C6 d ~ (}, C --~ - - CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO; Planning Commission DATE OF MEETING: May 16, 1996 DATE PREPARED: May 8, 1996 CASE NO. & NAME: MS-96-5/Schneider CASE MANAGER Meredith Reckert ACTION REQUESTED: Four-lot minor subdivision LOCATION OF REQUEST: 12345 West 38th Avenue NAME & ADDRESS OF APPLICANT(S): Daniel Schneider, 2562 Taft Ct., Lakewood 80215 NAME & ADDRESS OF OWNER(S): Grant Cobb & Sharon Gardner, Trustees, Julia M Cobb Estate 12345 WEst 38th Avenue, Wheat Ridge CO 80033 APPROXIMATE AREA: 5.8 acres PRESENT ZONING: R-1 and A-2 PRESENT LAND USE: Single family residential, vacant SURROUNDING ZONING: N: A-2; S: R-1A; E: R-1, A-1; W: R-1, A-2 SURROUNDING LAND USE: N: greenbelt; E: single family, agricultural; S: single family; W: single family, vacant COMPREHENSIVE PLAN FOR THE AREA: Low density residential DATE PUBLISHED: April 26, 1996 DATE POSTED: May 2, 7996 DATED LEGAL NOTICES SENT: April 24, 1996 AGENCY CHECKLIST: RELATED CORRESPONDENCE: (XX) ATTACHED () ()NOT REQUIRED ENTER INTO RECORD: ()COMPREHENSIVE PLAN ( XX) ZONING ORDINANCE (XX) SUBDIVISION REGULATIONS ( )OTHER ( XX) NONE ( XX) CASE FILE & PACKET MATERIALS ( )SLIDES (XX) EXHIBITS JURISDICTION: ~~ 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. ~ i Planning Division Staff Report Page 2 Case No. MS-96-5/Schneider REQUEST The applicant requests approval of a four-lot minor subdivision on R-1 and A-2 zoned land located at 12345 West 38th Avenue. The purpose of the request Is the creation of four single-family estate lots. IL SUBDNISION DESIGN The property in question contains 5.8 acres and has a house located on the rear portion. The existing residence is incorporated into the subdivision as Lot 4 containing 1.1 acre. The remaining three lots are in a "stacked" configuration and contain from 1.7 acres to 1.2 acres. Access to the subdivision is by way of a private drive running up the eastern boundary. Pursuant to Section 2630(N) of the Wheat Ridge code of Lews, up to four dwelling units can utilize the same private drive not less than 25 feet In width. The existing driveway to the house on Lot 4 will have to be removed. All minimums of the R-1 and A-2 zone districts have been met. All requirements of the Subdivision Regulations have been met. 10. AGENCY REFERRALS Public Works will require a drainage study. Westridge Sanitation will require sewer pumps on Lots 2 and 3. Lot 4 is currently serviced by a septic system. Future connection to public sewer will be required upon development to the east. Wheat Ridge Fire District will require installation of a fire hydrant and 20 feet of unobstructed access, therefore, no parking will be allowed along the private drive. A turnaround will be required on Lot 4. Consolidated IAulual will require a 30 foot water line easement. Staff recommends the ingress/egress easement be increased in width to 30 feet and be designated also as a water line easement. N. STAFF CONCLUSIONS AND RECOMMENDATIONS Staff concludes that the proposed subdivision is consistent with the underlying R-1 and A-2 zone district requirements and that all requirements of the Subdivision Regulations have been met. For these reasons, a recommendation of Approval is given with the condition that the private drive be widened to 30 feet and be designated as an access easement and non-exclusive water line easement. A note regarding the future connection of Lot 4 to public sewer should be added to the plat face. V. RECOMIiIENDED (NOTIONS OPTION A: "I move that Case No. MS-96-5, a request for approval of a four-lot subdivision at 12345 West 38th Avenue, be approved for the following reasons: 1. The proposed subdivision is consistent with the underlying R-1 and A-2 zone districts. 2. All requirements of the Subdivision Regulations have been met. Planning Division Staff Report Page 3 Case No. MS-96-5JSchneider With the following conditions: 1. That the private drive be widened to 30 feet and be designated as an access easement and water line easement. 2. A note regarding the future connection of Lot 4 to public sewer be added to the plat face. OPTION B: "I move that Case No. MS-96-5, a request for approval of a four-lot subdivision at 12345 West 38th Avenue, be denied for the following reasons: 1. 2. 3. " b:~ms965.sr Case No. MS-96-5 AGENCY REFERRALS SUMMARY Fire: (IlYheat Ridge) Will require a fire hydrant and hard surface access. Schools: Water: (Consolidated Mutuaq Can serve. Sewer: (Westridge) Lots 2 and 3 will require sewage pumps. U S West: No response. Public Service Company: No response. State Land Use Commission (over 5 acres): State Geologist: State Highway: Jefferson County: (Health, Commissioners, Planning) No response. Adjacent City: TCI: No response. CITY DEPARTMENTS Public Works: Is reviewing a drainage report. Will support the private drive concept. Parks and Recreation: Police: No problems. Building Inspection: agrefsum.frm PUBLIC HEARING SPEAKERS' LIST CASE NO: MS-96-5 DATE: May 16, 1996 REQUEST: An application by Daniel Schneider for the Estate of Julia Marie Cobb for approval of a four-lot minor subdivision for property located at 12345 West 38th Avenue. SPEAKER NAME, ADDRESS & PHONE (PLEASE PRINT) Position o Please IN FAVOR Request heck OPPOSED d +- } ' 7500 WEST 29TH AVENUE i h~~ City o1` WHEATRfDGE,CO80215-6797 - - (303)234-5900 Wheat City Admin. Fak # 234-5924 - Police Dept. Fax # 235-2949 Ridge May 2, 1996 Mr. Daniel Schneider FA-X ~-Z-~3`~g~3'~ 2562 Taft Court Lakewood CO 80215 Dear Dan: I have reviewed your request for a minor subdivision at 12345 West 38th Avenue and have concluded that the following items need to be added to the document: 1. The title should be referenced as being a minor subdivision; 2. Add case history box with the case number (MS-96-5); 3. Adjacent zoning needs to be added; 4. -Add zoning on the property with zone transition line. 5. Needs to have signature block for the mortgagor;. 6. Add utility easements (10' along drive and 38th Avenue, 5' along sides and 10' along rear)• 7. Correct signature blocks for Planning and Development and Planning Commission; 8. Add attached note regarding private drive/fire lanes; and 9. Minimum setback line should be added. (30' from western edge of private drive) Attached are copies of referrals from outside agencies. As we have discussed previously, the Department of Public Works does not support the private drive as being a future public dedication pursuant to development to the west. I understand you are meeting with the Director of Public Works to discuss this issue. The City Attorney is in the process of writing language for the right-of-way reservations. This case has been scheduled for Planning Commission public hearing on May 16. I need 13 copies of the revised plat no later than May 8, 1996. If you have questions concerning any of the above, do not hesitate to contact me at 235-2848. Sincerely, ~~ i f ' `~c~`".e~ Meredith Reckert Planner MR:slw 67~~ / cc: Steve Lister ~-~jC# 233- V +'!4~-96-5 file VIA t~4t;SiMILE TRANSMISSION (303-23459241 AND HeN DELIVERY May 5, 1996 Mr. John Middaugh Giry Administrator City of Wheat Ridge 7500 Wast 29th Avenue Wheat Ridge, Colorado 80033 BubJett: Vacandes on the City of Wheat Ridge Planning Commission and Impact on May 16, 1996 Meeting [7ear Mr. Middaugh: Asper our telephone conversation on Friday, May 3, 1998, I am writing you this letter to express my deep concern regarding the upcoming Planning Commission meeting. currently scheduled for May 16, 1996. I have spent a significant amount of time and money to prepare for the minor subdivision that is scheduled to be heard that night. My understanding in talking to Mr. Bob Gobel, Department of Public Works, is that there will not be a quorum for the May 16, 1996 meeting due to the fact that two of the commission seats have not been filled as of the present and that two other members will be on. leave. It was difficult to complete the amount of work required to get on the agenda far this meeting date. The cancellation of this meeting and subsequent impact of waiting on the Planning Commission hearing until June will economically significant to ma. Additional money and effort had been expended to make certain that the application was complete, including additional legal fees, engineering expenses and personal time in preparation for the May 16, 199@ meeting. The current vacancies to the Planning Commission and the lack of Interim appointees creates an unnecessary hardship. I do not know how long these vacancies have not been f1118d, but I am sure that the Planning Commission has been trying to fill these positions. My understanding Is that there are several candidates for these positions and that they can be appointed and the May 16 meeting can have quorum. This would allow the Planning Commission which Is critical to the official business of Wheat Ridge to provide its dozens with proper governmental review witho~n creating anv unnecvs ham{ fdshios• I am in the process of cantaoting the other individuals who are also on the May 16, 1998 Planning Commission agenda. I am sure that they share my concern over the meeting being unnecessarily postponed, Hopefully, this sRuation can be resolved quickly and the May i6, 1996 meeting can be held with an appropriate quorum being present. Thank you for you time In this matter. aer ly, 1 „~r'~l' . ~"--~ .,_ Daniel F. Sdtneider 233-8883 as Mr. Gien Gidley Mr. Dan Wilde • Planning Commission Minutes Page 7 May 16, 1996 2. Case No MS-96-5; application by Daniel Schneider for the Estate of Julia Marie Cobb for approval of a four -lot minor subdivision for property located at 12345 West 38th Avenue. Mr. Gidley informed Commission that the address for this property was out of sequence and would have to be changed. Mr. Gidley presented the staff report. Entered into the record were the Zoning Ordinance, Subdivision Regulations, case file, exhibits and slides. Mr. Gidley informed Commission that the Parks and Recreation Commission had met the previous night and discussed the request. A 5 percent land dedication in lieu of fees was recommended by the Parks and Recreation pursuant to this request. Mr. Gidley did note plat would need revision prior to recording showing a new tract along the north edge of the property, which would be dedicated to the City of Wheat Ridge for parkland purposes. This new tract would reduce the size of Lots 3 and 4 and Lot lines would have to be adjusted, in order to maintain the one acre minimum. Applicant is requesting approval of the request, whereby they would create a deed and present the deed to the City together with a revised plat. The plat would then be recorded and the deed would be taken to Council for approval. . Commissioner RASPLTCKA stated that it was his understanding that the zoning would not be changed from Agricultural. Mr. Gidley answered that was correct. Commissioner THOMPSON asked if the turnaround required by the Fire Department would be installed on Lot 4. Mr. Gidley stated that was correct. Commissioner THOMPSON asked when that would be designed. Mr. Gidley answered that it would be designed when applicant applied for a building permit for Lot 4. The permit application would be referred to the Fire Department, who would work out a design and location for the turnaround. Commissioner THOMPSON asked if the turnaround would have to be, installed even if the existing house was not demolished? Mr. Gidley answered yes, because access is currently off the west side and it will be relocated to the east side. Commissioner THOMPSON asked if the applicant would put funds into an escrow fund to cover costs of connecting to sanitation lines? O Mr. Gidley stated that the requirement would become a deed restriction. With the sale of each lot, the title guaranty would • Planning Commission Minutes May 16, 1996 Page 8 indicate an existing deed restriction. That way, any potential buyer would know that sometime in the future he or she may be required to connect to sanitation lines. Commissioner RASPLICKA asked if it was good planning to leave the Agricultural zoning. Mr. Gidley noted that the proposed lots were fairly large. With the large parcels the owner would be allowed to have large animals, but they would have limitations, based on square footage of the site. He elaborated. He added that the ultimate decision to rezone or not to rezone rests with the applicant. Chairperson LANGDON asked about the reconfiguration of the lots. Mr. Gidley showed (on the overhead) optional lot lines once the 5s land dedication has been made. He elaborated. Commissioner LANGDON asked how a permit for a septic system is obtained? Mr. Gidley answered that the sanitation district and County • health department would make decisions regarding design involving size of property, soil conditions, etc. The City would decide whether the septic system would be allowed according to public policy. Discussion followed. Lo »se Turne r , 11256 West 38th Avenue was sworn in. Mr. Gidley reminded Chair that the applicant should be heard first. Daniel Scb_ne der 2562 Taft Court was sworn in. Mr. Schneider informed those present that he wanted to purchase the property in question so that he could build a residence for himself as well as three other homes. He noted it was possible to build 14 single - family lots on the property. Mr. Schneider stated that to maintain the character of the area, he was requesting a four -lot minor subdivision, making each lot greater than one acre. He elaborated. There were no questions from Commission. Chairperson LANGDON asked who makes final decision on septic system? . Mr. Gidley answered that the City would. • Planning Commission Minutes Page 9 May 16, 1996 Louise Turner (previously sworn in) Mrs. Turner stated that the applicant and all involved with the proposed. development should be commended. She stated she was grateful that the development would maintain the "rural" character of the neighborhood. She urged Planning Commission to approve the subdivision. Doug Jenks 11885 West 38th Avenue was sworn in. Mr. Jenks stated he was an adjacent property owner and he was in favor of the subdivision. Commissioner WILLIAMS asked if all concerns regarding sanitation would be covered under the building permit? Mr. Gidley suggested that Commission stipulate in the motion any condition(s) because it deals with public policy. He elaborated. Commissioner THOMPSON asked if the City or County has a requirement regarding the amount of land necessary in order to ' have a septic system? Will the properties in. question meet those requirements? Mr. Gidley stated that there was a one acre minimum according to Mr. Romberg with the sanitation district, however the one acre minimum has some constraints having to do with the system design and the type of soils on the property. He elaborated. Commissioner THOMPSON asked if the one acre requirement had to be open land, or could that include any structures? Mr. Gidley stated the one acre could be the total area of property, not necessarily an acre excluding the leech field. Commissioner THOMPSON asked if the property had been tested to see if the soil was leech field compatible? Mr. Gidley stated he did not know if the proper tests had been done, however, Mr. Schneider is a soils engineer. It was the determination of Mr. Schneider and Mr. Romberg, that Lot 3 could accommodate a leech field. . Commissioner JOHNSON thought it was up to the sanitation district to design the system and make it work. Mr. Gidley stated it should be stated on the face of the plat so that it becomes a deed restriction, so that potential buyers would know of the potential cost. Commissioner THOMPSON asked if the requirement is stated on the deed, is there a time limitation for connecting to the sanitation district lines. • Planning Commission Minutes Page 10 May 16, 1996 Mr. Gidley stated he had never had to force someone to connect to the. sanitation district lines. He knew it could be done, but had no knowledge of procedure or time limitation. He thought the owner would have a reasonable time to connect; likely a year. Discussion followed. Mr. Schneider stated he wished clarification.on something. He asked if the 400 feet pertained if the sewer was in the public right -of -way? Mr. Gidley stated that he thought the rule was if the sewer main was within 400 feet - it_could be public right -of -way, or an easement. Commissioner RASPLICKA moved that Case No. MS -96 -5, an application by Daniel.Schneider for the Estate of Julia Marie Cobb for approval of a four -lot minor subdivision for property located at 12345 West 38th Avenue, be approved for the following reasons: 1. The proposed subdivision is consistent with the underlying R -1 and A -2 zone districts. 2. All requirements of the Subdivision Regulations have been met. With the following conditions: 1. That the private drive be widened to 30 feet as designated on the access easement; and 2. That the cul- de-sac must be properly designed to meet building and fire department regulations; and 3. That the subdivision be reconfigured to accommodate the 51 park land dedication requirement; and 4. That it is acceptable to develop Lots 3 and 4 utilizing a septic system (if approved), however those lots would be required to connect to sanitary sewer should available lines come within 400 feet and that this requirement be placed on the property deed. Commissioner JOHNSON seconded the motion. Motion carried 6 -0. Chairperson LANGDON called a short break at 9:32 p.m. Meeting reconvened-at 9:45 p.m. 3. Case No ZOA -96 -2: Public hearing will be held on a proposed amendment to the Wheat Ridge Code of Laws, Zoning and Development Code, Section 26 -5. Definitions, regarding • the definition of the term "STORY" relating to building setback requirements.