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Home My WebLink AboutWS-97-2_ --- -- 3-27-1997.2=41PM FROP4METRD 3RDY.ERS NW 303 422 i~16 -- K • ~ ~ - ~~N/ rha c~~y oe ~~~ ~ 1 i9 ~ x~~~a# ADMINISTRATIVE PROCE66 APP CA ~id Aepertment of Planning and 0 nt--- _ll ~° ry6pp Went 29th Ave., Wh98t Aidga, GO 80093 Phang (303) 23'f-694 P. 7 Applicant~~O llc-~t~e., `I~OG2, Address lZS r c ~T. PP4ho3ne~7-Z1^15$( Owner ~C,,,MQ, __ Addres'e C'6]~ ~ h~` one Lacatian o£ request _]355 W• 3~E.. - W~,-E ~~d~,CA Typ® pf action requested (check vne ar mare of the aationa listed below which pertain to your xequeat.) Ghange of zany or zone aanditiana Site devglopmant plan apgrovai Special nee p9rrnit Cpnditiontsl use permit Temporary use/building permit Miner subdivision Subdivision Preliminary Final d ** See attached procedural guide fpr spoci£ic r®quiremente. Llgtailed D®saription of request Variant®/waiver Nanaonforaning use change Flnbd Plain spacial excaptian Interpretation of code Zone Sine modification Public Imprpvement Exception Street vacation Misc011anoous plat Sviid waste landfill/ mineral s+xtraction permit Other List ell persons and aampani®0 who hold an interest in the described real property, as owner, mortgagee, lessee, optionse, ®tc. :,+~ - . , NA E,. ,, :; 8SS PF10NE i.~,~t(.k®.P~~a uy~sfD~.s C^f_ Gn(~ot, Cep ~{~ ~-e~_tc"SZt I cexti£y that the infoxmatian and exhibits herewith submitted are true and correct to.the best of my knowledge and that in filing this application, x am acting with the knowledge and caosant pf those perspnS listed shave, without whpae consent the rag~ested action eannat lawfully be aaapmplished. Ay~piicants ether than owners zaust submit power-of-attorney from the owner which appravad o£ this action on his behalf. a nf1 ~\ . Signature of. Applicaa~t wc~w.1LJ ' 5ubscx.ibed -and ewoxn~~to~m~e thus .. 6V.~9~.r ~. L'TY ill= 41NEAT RIDGE ;dALLACE RICE RECEIRT Ht3.C002835 AC!fJUivT E!'IED ~t~fdItaG ARF'LICATION F 150. CC R~iMENT RECENEPi AMOUP~T CK 23°} i5C.0C T~rAL 15C. oC day of ~`'i~ 19 g7 t c..._ Tdy cprnmiseion expires 1©j?~2OC7C~ No.~ Case No. i `\ OQARRANTY DEED THIS DEED, Made this day of March 11, 1997, between ALVIN L. ALEERTS, TRIISTEE OF THE ALEERTS FAMILY TRIIST DATED MAY 31, 1991. of the County of JEFFERSON and State of COLORADO, grantor, and WALLACB RICE whose legal address i9 6255 W. 52ND AVENUE, ARVADA COLORADO H0002 of thfl County of JEFFERSON and State of COLORADO , grantee: ~~n~~~ ~, 109j ~~ WITNESSETH, that the grantor, for aM in consideration of the sum of 54fi5,000.00 DOLLARS, Che receipt and sufficiency aF uhidr is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey end confirm unto the grantee, their heirs and assigns forever, all the real property, together with improvements, iE any, situate, lying and being in the County of .]EFFERSON and State of Colorado, described as follovs: 3EE EXEFIHIT "A" ATTACHED HERETO AND INCORPORATED HEREIN SY THIS REFERENCE. n: RECEPTION ND. F0383278 57.50 PG: 0001-002 230 RECORDED IN JEFFERSON COUNTY, COLORADO 3/12/97 11:33:51 >~ x s also known as street and number 12355 W. 38TH AVENUE, WHEAT R7aGE, COLOAAD0. 80033 TIXicTEER vith all and singular the hereditaments and appurtemnces thereunto belonging, ac in arryvise appertaining and th¢ reversion and reversions, zemaiMer and ceisainders, reMS, issues and profits thereof, and all the estate, right, title, interests claim and demand uhataoever of the said grantor, either in lav or equity, of, in and to Che shave bargained premises, vith the hereditaments end appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, vith the appurtenances, unto the said grantee, their heirs and assigns forever. And the said grantor, for himself, his heirs, and personal representatives, does covenant, grant, bargain and agree to and with the grantee, their heirs and assigns, that at the tLrs of the ensealing and delivery of these presents, is cell seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in lav, in fee simple, and has gcotl right, Full paver and lavful authority to grant, bargain, sell and convey the same in manner and £ocm a£aresaid, and [hat the same axe free aM cl¢ar from all Former and other grants, bargains, sales, liens, taxes, assessments, encumbranres and restrictions of chat ever kind or nature soaves, E%CEPT FOR TA%ES FC11 TEE NRRENT YEAR, A LIEN HOT NOT YET DOE OR PAYABLE, EASEMENTS, RESTRICTIONS, COVENANTS AND RIGHTS-OF-WAY OF RECCAD, IF ANY, The grantor shall and vill GAARANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable possession of the grantee his heirs and assigns, against all and every person oc persons lav[ully claiming the whale or any part thereof. The singular numpex shall include the plural, the plural the singular, and Che use of arty gender shall be applicable to all geMers. IN WITNESS W[@REOF, the grartoc has executed this deed an the date set Forth above. ALVIN L. ALBE~ , TRUSTEE OF THE ALEERTS STATE N COLORADO ] ]ss. CNNTY OP JEFPERSON ] FAMILY YRUST DATED HAY 31, 1991 The foregoing instrument vas acknowledged before ma Lhia day of March li, 1997 by ALVIN L. ALEERTS, TADSTEE OF THE ALEERTS FAPRLY TRDST DATED I~AY 31, 1991 MY Commisaicn ex ' Witness my ha a~l£fTl~i J,~jjDAN SHELL NOTARY PUBLIC STATE OF COLORADO _ p00 Nq, My Commission Expires 8.13-2000 ~ Rev. T ~WD (Photographic Record) Casei 50785 ~...r ~ DOC FEE Sefi.50 i •~~~! • ~'`i Case Noc 50785 EXHSB2T "A" TRACT A: MINOR SIISDIVISION NO. 74-02, CITY OF WHEATRIDGE, COIIN'PY OF JEFFERSON, STATE OF COLORADO, TOGETHER WITH 25 FOOT EASEMENT FOR INGRESS AND EGRESS OVER AND ACROSS THE FOLLOWING DESCRIBED TRACT: BEGINNING AT THE NORTHEAST CORNER OF THE NW 1/4 NE 1/4 OF SECTION 29, T3S, R69W OF THE 6TH P.M., THENCE S 0°29' E ALONG THE EAST LINE OF THE NW 1/4 NE 1/4 OF SECTION 29 A DISTANCE OF 215.60 FEET TO THS CENTER OF WEST 38TH AVENIIE (FORMERLY KNOWN AS PROSPECT AVENUE); THENCE S 76°41'W ALONG THE CENTER OF WHET 38TH AVENIIE A DISTANCH OF 276.15 FEET TO A POINT OF INTERSECTION WITH A NORTH-SOUTH LINE THROUGH A CONCRETE POST AT THE NORTH SIDE OF WEST 38TH AVENUE AND THROIIGH A SECOND CONCRETE POST APPROXIMATELY 797 FEET NORTH OF THE FIRST POST, ALL AS DESCRIBED IN BOOK 673 AT PAGE 300 OF THE OFFICIAL RECORDS OF THE COUNTY OF JEFFERSON, STATE OF COLORADO; THENCE N 0°07.6' W ALONG THE LINE THROIIGH SAID POSTS A DISTANCE OF 508.54 FEET; THENCE S 89°36.7' W PARALLEL TO THE SOUTH LINE OF THE SE 1/4 OF SECTION 20, T3S R69W A DISTANCB OF 306.35 FEET TO A POINT ON THE WESTERLY LINE OF THAT TRACT DESCRIBED IN BOOR 475 AT PAGE 523 OF SAID COIINTY RECORDS; THENCE 5 0°05.5' E ALONG THE WESTERLY LINE OF THAT TRACT DESCRIBED IN SAID BOOK 475 AT PAGE 523 A DISTANCE OF 290.00 FEET; THENCE N 89°36.7' E A DISTANCE OF 137.35 FEET TO TRIIE POINT OF BEGINNING; THENCE N 89°36.7' E A DISTANCE OF 25 FEET; THENCE S 0°05.5' E DISTANCE OF 251.71 FEET TO ~A POINT FROM WHENCE THE CENTER OF WEST 38TH AVENUE B S S 0°05.5' E A DISTANCE OF 30.82 FEET; THENCE S 76°41'W PARALLEL TO THE CENTER O WEST 38TH AVENIIE A DISTANCE OF 25.60 FEET; THENCE N 0°05.5' W A DISTANCE OF 257.46 FEET TO THE TRUE POINT OF BEGINNING, COIINTY OF JEFFERSON, STATE OF COLORADO - RECEPTION NO. F0383278 _ ___ __ __ `~ RECORDED SN ~~ COUN F 7EFFERSON STAT~ COLORFDO DEVELOPMENT COVENANT ~f'ap THIS DEVELOPMENT COVENANT, as authorized by the SUBDIVISION REGU- ~ CATIONS o& the City of Wheat Ridge, is entered into this 17th __ ~ ~O ~ day of danua ry _, 1991, between the City of Wheat Ridge, , a Municipal Corporation, hereinafter referred to as City, and Barry W. and Laurie G. Schafer hezeinafter referred to as Owner, and concerns property located at 3801 Urban Street, Wheat Ridge, Colorado. WITNESSETH: WHEREAS, Owner is the titled Owner of a tract of land in the City of Wheat Ridge, County of Jefferson, State of Colorado, more fully described as Lot 1, POOLE MINOR SUBDIVISION, more commonly known as 3801 Urban Street, (which property is hereinafter re- ferred to as the "Property"; and WHEREAS, Owner has requested a building permit to develop the property; and WHEREAS, curb, gutter, sidewalY. and street improvements bordering the Property and neighboring tracts of land are incomplete ant,;%ox below those standards as set forth in the SUBDIVISION REGULATIONS of t}~e City; and WHEREAS, to be uniform and consistent with the existing rei,ghbor- ing improvements, the completion or ncr.-completion of these improvements as reovired by SECTION .FIVE: IMPROVED1ENT5 of the SUBDIVISION REGULATIONS will make no significant change at the present in those streets fronting the Property and the neighbor- ing tracts of land; and ' WHEREAS, in order to conform to those requirements as set out in the SUBDIVISION REGULA'!'I ONS of. the City, this Development Cove- nant is hereby determined to be proper. NOW, THEREFORE, IT IS HEREBY AGREED THAT: 1. The responsibility for provi.d i.ng improvements along the street frontage of the Property, as set out in the SUBDIVIS]ON REGULATIUNS of the City, is hereby acknowledged by the Owner. 2. The Owner will cause certain improvements to he constructed on the Property and associated on-site improvements. 3. The Owner will provide engineering and construction neces- sary to bring the west half of Urban Street into compliance with City Standards along the property frontage when the condit.i.o ns specified on the Poole Minos Subdivision Plat are met. 4. Any substandard improvements made to the "private drive" (Urban Street) along the frontage of the Property must. be brought into conformance with City Standards prior to acceptance by the City for City Maintenance. . 5. The Owner will provide facilities to accommodate additional runoff from any improvements to Urban Street which may adversely affect downstream property owners. 6. In the event the City incorporates Urban Street into a City funded project, the Owner agrees to pay for costs associated with bringing the west ha1£ of Urban Street into conformance with City Standards. Such costs will include curb, gutter, sidewalk, street pavement, engineering, etc. -- development Conversant 3801 Urban Street - page 2 i 7. The City has scheduled reconstruction and rehabilitation of , this portion of West 38th Avenue in the immediate Future. Plans 'i for the construction are not complete at this time and the City I anticipates changes in grade and alignment along the frontage o£ ~f. the Property which may necessitate removal and replacement of any ~ construction performed by the Owner. Therefore, the owner agrees to participate in the City's West 38th Avenue improvement project. The City will design and administrate the project and 'O. J` the owner will be responsible for associated costs along the property frontage. The engineering and construction costs will be limited to those reasonable, and necessary to construct West 38th Avenue along the property frontage to current collector y standard, including earthwork, additional street pavement to , expand to collector width, curb, gutter and walk and miscellane- ous and incidental items required to complete the project. The costs shall be based upon the construction contract unit prices For this project. The construction work will be performed by the City's contractor. 6. The Director o£ Public Works will give written notice and an estimate of costs to the Owner 30 days prior to advertisement of any major improvements to 36th Avenue which would affect the '; Property and will submit to the Owner a detailed cost breakdown. and billing after Award of the construction contract by City Council. The detailed cost estimate will include the Owner's portion of the cost o£ curb, gutter and sidewalk, pavement im- provements and other items listed in Paragraph 7. 9. Upon receipt o£ the detailed cost estimate or billing, the Owner hereby agrees to pay to the City, within 95 days, the Full amount of the detailed cost estimate or billing. The Owner also agrees to pay to the City any extra costa associated with the Public Improvements to the. property due tc variations in estimat- ed contract quantities or as a result of change orders within 30 days of written request for payment by the City. The City will pay to the Owner any overcharges paid by the Owner within 95 days after final acceptance of the public improvements. 10. Owner agrees to pay for all public improvements or billings so made within 45 days of written notice; Owner furtk,er agreeing that any amount resulting from his failure to pay for any im- provement or billing this completed shall. constitute a lien upon the property above described in the actual amount of the public improvements or billing completed, less any payments by Owner, plus interest in the amount unpaid at 10 percent (108) per annum, from the date of final acceptance or billing, plus any costs incurred by the City in collecting same, including court costs and attorney fees. 11. In the event an Improvement District or a Special Improvement District is created by the City to improve or provide those requirements as set out in the SUBDIVIS].ON REGULATIONS as they exist at the date of execution of this Covenant, for curb, gut- ter, sidewalk related street and drainage improvements, solely relating to those streets fronting on the property and neighbor- ing tracts of land, the Owner or his assigns and successors agree not to oppose its creation, or subsequent reasonable assessment of. the costs to the property. 12. In the event an Improvement District ie created by the City to provide the improvements as provided by the SUBDIVISION REGU- LATIONS, the costs assessed against the property shall not be disproportionate with costs assessed to other nearby and _1 iY.e properties. RECEPTION NO. 91013034 Development Covenant • 3801 Urban Street - page 3 13. This DEVELOPMENT COVENANT is executed by the Owner pursuant to the SUBDIVISION REGULATIONS of the City of Wheat Ridge. 14. The Parties hereto agree that this DEVELOPMENT COVENANT, by its terms, shall be binding upon the City and the owner and upon the assigns and successors thereof; and shall constitute cove- nants running with the property for a period of ten (1D) years from date of execution by the Owner. 15. The City, in its sole discretion, may require a cash or surety bond to beheld in escrow by the City to secure completion or the public improvements described herein. Such cash or surety bond shall be in the sum sufficient to cover the estimated costs of the construction of the public improvements described herein, said estimate to be made at or about the time of the notice described in Paragraph 5 above. Any interest earned on any escrow funds shall be the sole property of the City. 16. This DEVELOPMENT COVENANT shall be recorded with the Clerk and Recorder of Jefferson County, Colorado, and shall constitute a continuing covenant running with the land, providing however, that this DEVELOPMENT COVENANT shall be released by the City upon the completion of the public improvements and complete and satis- factory payment by the Owner of all costs and fees associated therewith of the public improvements described herein, which release shall be evidenced by a signed document attested to by the City Clerk and bearing the City's seal, which document shall likewise be recorded. RECEPTION ND. 91013034 ___ ... a ~: i\ Ill,. `r : ~~ ~1 U' .1,+ Development Covenant • 3801 Urban Street - page 4 SPECIAL PROVISIONS AND COVHNANT Phis Covenant shall be in effect for a period of ten (10) years from date of execution. IN WITNESS WHEREOF, the parties have set their hands and seals on date first shown. RECO~'MM/JENDfED BY: `.i~, C'~Xh.Y Gt ~.t~ Public Vlorks Department Community Deve opmen epar tment ~~~~ City"Administrator APPROVED~AS TO Fc/O)RM:, _ //'/.. ~" Ci r Attorney " EXECDTED BY CITY: Mayor, City o£ Ylheat Ridge HXHCUTED BY OWNER(S): ~ ~~ uz Barry W Schafer Lavire G. ~SO safer STATE OF COLORADO ) )ss County of Jefferson) The foregoing instrument was acknowledged before me this 17~ day of ~l?Y•GC! Lo __ , ].991, by ~~i,l r.t,'.:~r . ~''Ci :. ~f:2c. .F`' !;' ~ ~ z roc, My commission expires •sEAi" .ce~~A l7L ~IGr• ~~, 19~, /~1 / Notary Public ~ _ ~ -~71G l cG-a', G" --, , ~ v LCCe. ~}~<'~i a ATTEST: ~ '.;. .... ~ .~' :•~ .... '.7... o.-~i'~:G~~Cr.i i City Clerk "'•' :.SEAL ~~, r - ~.. sil R'(L OF COLORADO _.. Sri ~ - RF_CEPTION M0. BB099379 ~~~ 02/OS/BB 93:15 q,0~ ,~-rG-r~ DEVELOPMENT AGREEMENT THIS DEVELOPMENT AGREEMENT, as authorized by the SUBDIVISION REGULATIONS of the City of Wheat Ridge, is entered into this 7th day of December, 1987, between the City of Wheat Ridge, a ' Municipal Corporation, hereinafter referred to as City, and Terry ' Kunz, hereinafter referred to as Owner, and. concerns property located at 3825 Urban Street. j !/ i ' ~„()/ WITNESSETH: ~J" WHEREAS, Owner is the titled Owner of a tract. of land in the City of Wheat Ridge, County o£ Jefferson, State o£ Colorado, more fully described as Lot 2 Poole Minor Subdivision, more commonly known as 382'5 Urban Street, (which property is hereinafter referred to as "the Property'); and WHEREAS, Owner has requested a building permit to develop the Property; and - WHEREAS, curb, gutter, sidewalk and street improvements bordering the Property and neighboring tracts o£ land are incomplete and/or below those standards as set forth in the SUBDIVISION REGULATIONS of the City; and WHEREAS, to be uniform and consistent with the existing neighboring improvements, the completion or non-completion of those improvements as required by SECTION FIVE: IMPROVE- MENTS of the SUBDIVISION REGULATIONS will make no significant change at-the present in those streets fronting the Property and the neighboring tracts of land; and WHEREAS, in order to conform to those requirements as set out in the SUBDIVISION REGULA^IONS of the City, this Agree- ment is hereby determined to be proper. NOW, THEREFORE, IT IS HEREBY AGREED THAT: 1. The responsibility for providing improvements along the street frontage of the Property, as set out in the SUBDIVISION REGULATIONS of the City, is hereby acknowledged by the Owner. 2. The Owner will provide engineering and constructio-n necessary to bring the west half o£ Urban Street into compliance with City Standards along the property frontage when the conditions specified on the Poole Minor Subdivision Plat are met. 3. Any substandard improvements made to the "private Drive" (Urban Street) along the frontage of the Property must be brought into com£oYmance with City Standards prior to acceptance by the City for City Maintenance 4. The Owner will provide facilities to accomodate additional runoff from any improvements to Urban Street which may adversely affect downstream property owners. 5. In the event the City incorporates Urban Street into a City funded project,-the Owner agrees to pay for costs associated with bringing the west half of Urban Street into conformance With City Standards. Such costs will include curb., gutter, sidewalk, street pavement, engineering, etc. ~^ . '~ Ow~ agrees to pay for all publi~mprovements or billings so made within 30 days of written notice; owner further agreeing that any amount resulting from his failure to pay for any improvement or billing this completed shall constitute a lien upon the property above described in the - actual amount of the public improvement or billing - completed, less any payments by Owner, plus interest in the amount unpaid at 10 percent per annum, from the date of ~, \.- final acceptance or billing, plus any costs incurred by the City in collecting same, including court 'costs and attorney h fees. d" In the event an Improvement District or a Special - Improvement District is created by the City to improve or provide those requirements as set out in the SUBDIVISION REGULATIONS for those streets or streets fronting the property and the neighboring tracts of lands, the Owner or _. his assigns and successors agree not to oppose its creation, or subsequent assessment of the costs to the property. In the event an Improvement District is created by the City to provide the improvements as provided by the SUBDIVISION REGULATIONS, the costs assessed against the property shall not be disproportionate with costs assessed to other nearby and like properties. This agreement is executed by the Owner pursuant to the SUB- DIVISION REGULATIONS of the City of Wheat Ridge. 10. The Parties hereto agree that this DEVELOPMENT AGREEMENT, by its terms, shall be binding upon the City and the Owner and upon the assigns and successors thereof; and shall constitute covenants running with the property. 11. The City, in it s~~sole discretion, may require a cash or surety bond to be held in escrow by the City to secure completion or the public-improvements described herein. Such cash or surety bond shall be in the sum su £ficient to cover the estimated costs of the construction of the public improvements described herein, said estimate to be made at or about the time o£ the notice described in Paragraph 2 above. In the event the Owner fails to complete the public improvements within the time specif ied.in paragraph 4 hereof, the City may, at its, sole option, complete or cause to be completed, said construction and use all, or any part o£ the cash or surety bond to .pay for or cause to be paid , all bills and costs incurred'in completing said public improvements. Any interest earned on any escrow funds shall be the sole property of the City. 12. The DEVELOPMENT AGREEMENT shall be recorded with the Clerk and Recorder of Jefferson County, Colorado, and shall constitute a continuing covenant running with the land, providing however, that this DEVELOPMENT AGREEMENT shall be released by the City upon the completion of the public improvements and complete and satisfactory payment by the ,.i RECEPTION N0. BSD`11379 . ~, . publi~provements describe:: herein, wh~release shall be _ evidenced by a signed documera attested to by the City Clerk ~-. ' and bearing the City's seal, which document shall likewise be recorded. 13. SPECIAL PROVISIONS AND AGREEMENT IN WITNESS WHEREOF, the parties h%:ve set their hands and seals on date-.first shown. RECOMMENDED BY: P u"blic ' s Depa ent _ ~~~~~ Ci Admin~i strator EXECUTBD BY CITY:. - _ oG9-a,.,,.Gf.~.e~~ Mayor, City of Wheat Ridge EXECIITED BY OWNER: /2 ~ ~7 s s~ The fore ing instrument was acknowledged bef re me this day of ~~~. 19~. by _ --- --- - --- - G - My commission expires- 3 / fl O ~ , 19 SEAL .. _r . r t l~i ~~~ ~ _~ < f2ECEPTIUN NU. BUU99379 7500 West 29th Avenue ~ The C"ity of Wheat Ridge, Colorado 80033 ~iBlBb _ Telephone 303/ 237-6944 Rl(~g•B May 79, ]997 The Wheat Rrdge Department of Community Development has received a request for aanroval ova six-lot major subdivision on :. Residential-One zoned pro er at the property described below. Your response to the following questions and arty comments on this proposal would be appreciated by June 2 No response from you by this date will constl[ute ne objections or ,_ concerns-regarding this proposal. CASE NO: WS-97-2/Rice LOCATION. 12355 W 38th Avenue REQUESTED ACTION.• Approval ofa six-lot major subdivision. , PURPOSE: .Construction offive single family residences. APPROXIMATE AREA: 2.818 I. Are public facilities ar services provided by your agency adequate to serve this development? YES NO Ij "NO ", please explain below. 2. Are service lines available to the development? YES NO If `WO ", 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 rufes and regulations? YES NO If "NO ", please explain below. 5. Are there arty concerns or problems you agency has Identified which would or should affect approval of this request? Please reply to: Meredith Reckert Department ofPfanning & Development DISTRIBUTION.• X TCI of Colorado X Water District (Con. Mutual) Jeffco Health Department X Sanitation District (Westridge) Jeffco Schools X Fire District (Wheat Ridge) Jeffco Commissioners Adjacent City X Denver Water Board X Public Service Co. X WR Post Office X US West Communications X WR Police Department State Lane Use Commission X Public Works Dept. State Geological Survey X WR Park & Rec Commission Colorado Dept. Of Transportation X WR Forestry Division ColoradoDiv. Of Wildlife X WR Building Division "The Carnation City" ONSOLIDATED mutual water June 5, 1997 Meredith Reckert Department .of Planning and Development City of Wheat. Ridge 7500 West 29th Avenue Wheat Ridge, Colorado 80215 _ Re: City of Wheat Ridge Case Number WS-97-2/Rice, 12355 West 38th Avenue, proposed Appletree-Lane Subdivision (6 lots) Dear Ms. Reckert: , This will...confirm receipt of your correspondence dated May 19, 1997 regarding the above referenced project. 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 providec3.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 front a Company main. Please be advised that the Company does not have a water main in place to serve a portion of the proposed subdivision. A water main extension will be required.- All water .improve- ments that may be required by this project would be at the sole expense of the Owner/Developer. A meeting needs to be scheduled with the Owner/Developer, Wheat Ridge. Fire Protection District and Consolidated to determine the necessary fire protection requirements. THE CONSOLIDATED MiPfUAL WATER COMPANY 12700 WesC 27th Avenue • P.O. Box 150068 • lakea~ood, Colorado 80215 Telephone 238-0551 • Fax 237-5560 ~ - Meredith Reckert June 5, 1997 Page 2 If you should have any' questions or comments regarding this. correspondence, please contact this .office..-.. Sincerely, ~` , . , . Michael E. Queen Water Distribution Manager /jl cc.:. Wally Rice, Applicant ' Dave Roberts, Wheat Ridge .Fire-Protection District... _ __ -__, Walter Welton, PLS/PE, CMWCo President- Robert°J._ Rivera, CMWCo Assistant Secretary/Treasurer and Project Engineer Donna Strong, CMWCo Engineering/Distribution Clerk ;- June 6, 1997 Wally Rice 4618. Fig Street Golden, Colorado 80403 Deaz Mr. Rice: This letter is in regard to your request for approval of a six-lot minor subdivision located at 12355_West 38th Avenue. I have reviewed your submittal and have concluded that the following must be added or changed on the plat face. 1. The zoning on the north and northwest sides of the property is A-2, not A-1 2. Urban Street should be shown as being "hereby dedicated" 3. Zoning on the property should be shown asResidential-One - 4. Flood hazard zone should be designated (zone C) 5. The owners address and telephone number should be added 6. The case history box should have the following case numbers:. MS-74-2, WS- 97-2 7. A note restricting access to Lot 1' from West 38th Avenue Please fmd attached referral responses received from outside agencies and another City Departments. All of their concerns need to be addressed. This case is scheduled for the July 17, 1997. I will need 15 copies of the revised plats no later than June 26. If you have any questions, do not hesitate to contact me at 235-2848. Sincerely, Meredith Reckert cc: Case No. WS-97-2 Lane Engineering NOTICE OF PUBLIC HEARING Notice is hereby given that a Public Hearing is to beheld before the City of Wheat Ridge PLANNING COMMISSION on July 17, 1997, at 7:30 p.m. at 7500 West 29th Avenue, Wheat Ridge, Colorado. All interested citizens are invited to speak at the Public Heazing or submit written comments. The following petitions shall be heard: 1. Case No. WS-97-2: An application by Wallace Rice for Albert Family Trust for approval of a six (6) lot major subdivision on Residential-One zoned land located at 12355 West 38th Avenue. Said property is legally described as follows: TRACT A OF MINOR SUBDIVISION N0.74-02, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO. 2. Case No. WZ-97-8: An application by Ronald C. Luke for Pasquale J. LoSasso and Pasqual D. Aiello for approval of a rezoning from Residential-Two to Planned Commercial Development and for approvat of an outline development plan and a final development plan and plat with a variance. Said property is located at 3470 Wadsworth Blvd. and is legally described as follows: PARCEL 1: THE SOUTH 95 FEET OF THE WEST 95 FEET OF THE EAST 470 FEET OF THE WEST 36 RODS OF THE NORTH 13-1/3 RODS OF THE SOUTH 80 RODS OF THE NORTHEAST QUARTER OF SECTION 26, TOWNSHIP 3 SOUTH, RANGE 69 WEST, COUNTY OF JEFFERSON, STATE OF COLORADO. PARCEL 2: THAT PART OF THE NW 1/4 OF THE NW 1/4 OF THE SW 1/4 OF THE NE 1/4 OF SECTION 26, TOWNSHIP 3 SOUTH, RANGE 69 WEST, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WEST LINE OF SAID NE 1/4, 80 RODS NORTH OF THE SW CORNER THEREOF; THENCE EAST ALONG THE NORTH LINE OF THE SW 1/4 OF THE NE 1/4 OF SECTION (SIC), 219 FEET; THENCE SOUTH, PARALLEL TO (SIC) THE WEST LINE OF SAID SW.1/4 OF THE NE I/4; A DISTANCE OF 125 FEET; THENCE WEST, PARALLEL TO (SIC) SAID NORTH LINE, 95 FEET; THENCE SOUTH, PARALLEL TO (SIC) SAID WEST LINE, 95 FEET TO THE SOUTH LINE OF PROPERTY, DESCRIBED IN BOOK 483 AT PAGE 91; THENCE WEST ALONG THE SAID SOUTH LINE, 124 FEET TO THE WEST LINE OF SAID SW 1/4 OF THE NE I/4; THENCE NORTH ALONG SAID WEST LINE TO THE POINT OF BEGINNING, EXCEPT THE NORTH 30 FEET THEREOF, EXCEPT THAT PART DESCRIBED IN INSTRUMENT RECORDED IN BOOK 1194 AT PAGE 487; COUNTY OF JEFFERSON, STATE OF COLORADO. Marilyn Gunn, Recording Secretary ATTEST: - Wanda Sang, City Clerk To be Published: June 27, 1997 Wheat Ridge Transcript i NOTICE OF PUBLIC HEARING Notice is hereby given that a Public Hearing is to be held before the City of Wheat Ridge PLANNING COM IS- SION on July 17, 1997, at 7:30 p.m. at 7500 West 29th Avenue, Wheat Ridge, Colorado. All interested citizens are invited to speak at the Publie Hearing or submit written comments. The fol- lowing petitions shall be heard: 1. r.ca No WS-97-2: An application by Wallace Rice for Albert Family Trust for approval of a six (8) lot major subdi- vision on Residential-One zoned land located at 12355 West 38th Avenue. Said property is legally described as follows: TRACT A OF MINOR SUBDIVISION NO. 74-02, CITY, OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO. ~ ~~ '!vn Gunn by m!c Marilyn Gunn, Recording Secretary ATTEST: Christa !ones Wanda Sang, City Clerk Wheat Ridge Transcript 3835-97 Published June 27, 1997 '-50C WEST 24TH AVENUE ~ ~-- , T~:,ity Of ?.O. BOX 638 ~Q31 2345900 + WHEAT RIDGE CO80034~0:36 - - _ ~ ti~ ~hf',SL Gty Admin. ras ~ 234~592a Police Deot. Fax = 235 2449 Ridge POSTING CERTIFICATION CASE NO. ~~'- 1,- PLANNING COMMISSION -r,^-7CITY COUNCIL - BOARD OF ADNSTMENT (Circle One) HEARING DATE: ,^ I'l-~t 1 -, -- - -- ,,~ :;: r ..... .. 1 .l . 1 I r ,~n ~ , ir, I, residing at ~ ~ ~~ 5 . " va~~ l w C]~~-~,~~ ~ _ - (a d d r e s's) lA1s ~-~.-. ~ hereby certify as the applicant for Case No. - >-..- that I have posted the otice of Public Hearing at 'i X35 S l~ . 3~~~ ~~e- -- c a t i o n) ( o 1 g ~, and do on this ~_ day of G! - - hereby certify that sai gn has been posted and remained in place for fifteen (15) -days prior to and including the scheduled day of public hearing of this case. The sign was posted in the position shown on the map below. Signature: ~~O`CQ-. ,, NOTE: This form must be submitted at the public hearing on this case and will be placed in the applicant's case file at the Department of Planning and Development. MOORS ~~ ~- i -_ ~ i'.uiicrnircnc L4nw'.tary 5, hwi ~ ~ ~- l ~ n~ ~ "~ ~rv ~~ S~~ ~ - lt. m'~` h0 f .. cn --- ~1,'~ =~ r --~-- - ____ g J -~ ~_ ~ ~ gay , Yi 9"RM P . TH PL ~ ~v+, 9x- -- '; M1 4 ' • f 7500 West 29th Avenue The City of Wheat Ridge, Colorado Meat %- Telephone 303/ 237-6944 Ridge June 25, 1997 This is to inform you that Case No. WS-97-2 which is a request for approval of a six (61 lot subdivision for property located at 12355 West 38th Avenue will be heard by the Wheat Ridge PLANNING COMMISSION in the Council Chambers of the Municipal Complex, 7500 West 29th Avenue at 7:30 P.M. on July I7. I997. All owners and/or their legal counsel of the parcel under consideration must be present at this hearing before the PLANNING COMMISSION. As an area resident or interested parry, 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 desires to review any plans, please contact the Planning Division. Thank you. PLANNING DIVISION "The Carnation City" ~ - - - - -- - ~ ---" _ -!h ^ -~ ~ • '~_^-" - 1 also wlsfi fo receive the _- i i - _ ee_ a -_- o Ilona services. p~y~E - - -- ' following services (for an extra fee): I RETURN adZres~h~eversc diThls ibrm-soZliSYwc carrreturn this SFIGy! TO acorn cartl - ^ Addressee's Address t ADOP=SS OF pf'-_ (p ypp, . RECEIPT CERTIFIED PEE' rAttach this form to the front of [he mailpiece, or on [he back if space tlces nol permit. 2. Restrl0t fTl SERVICE eturn ecel vA stow o w om a ar Ic a was rvere n e a Ivere . TOTAL POSTAGE_ ~ P nSU pos coos er for e~- ~ [~ SENT TO: -ro R Agile Aaaress Norw :',_ - ~ATScIe Number P 963 361 703 a -~ ra.. - - - -- - -- - - - - _~~~5 _Ts 4b. Service Type m m ~ i.ois Tale' ,-_ sI ~' ~. 3~.LF: rVwy:;~ CERTIFIED ~ ~' uhf: ~. .. :, ~ ~s-3l-c ' 7. Date Deliv~er~ a ~$~• , - Received By: (%irrt Name) 8. Addressee's Address - - _ T -{ONLY if requested and fee paid.) __ ______. PS FORM 3800 ~-Signature: (A ~ ressee or A nt) ;`_ / •'PSFOR 381 , January -ss,~.- : ~ - _ . _ e° Domestic Return Receipt i POSTAGE - _ _ - - __ - _ . I RETURN SHOW T°VdA - R: ~~T~ ISO WI571-id reCZIVe The i RECEIPT PDDREPS OFD - - blete items) aM/or 2 for atltlitional services. __ .. - . f0ltoWing SerV10ES (fOr. an QXtra tee): f CERTIFED FEE - ~ Print ur nzme'and aetlress on [he reverse Of this form so that we ion return this cartl e_S AddfeSS QAddreSS E: ] SERVICE _ - _ _ . _ CL - TOTAL POSTAGE _ _ - -= aofi tfiis form to the !root of the mailpiece, or on the back iF space tloes not permit - z. ^ ResfrlCted Delivery (~ SENT TO: NOi The Return Aeceyt will show tD whom the article was deiiveed one the date delivered, Consult postmaster for fee. - Ice Addressed to: 4a. Attic- le Number - - -- - --- - - .moo _ -~• _ - P 963 361 702 m daCl atld r - ~;rt„\ " 4b. Service Type co a±'~'~~i;;:c~r{ i'rt:l..~„r 25&2 Taft- gyp- . n °' ~d~t@Yf00d~ ,~' ~ T3`i`=~':;irt;P'v ~ CERTIFIED :C;i ~;: ~ Gil^r ~•N L ~ o WS-~7-2 ~ , ,: , .,.. . ~. z . _ ~`-~~ _ ; = ~ 7. Date of Deliver f 0 7 _ PS FORM 3800 ~~ Recei_ _ By:_ - ame)-- - 8-/~ ressee's ress - - - - - (ONLY if requested and fee paid.) eB~Signatur ~ dressee g Rs-FORM 3811, January isss Domestic Return Receipt POSTAGE' -+~u/~~ - I SHOW TO WHOM PATE AND/ ~ N IRCTEO i RETURN ADDRESS OF DELIVERY _ RECEIPT - - - CERTIFIED FEE +RETUPN RECEIPT SERVICE - - ' r-I G TOTAL POSTAGE AND FEES O J`ENT TO: NOT FOR INTERNATIONAL MNL ~ '"'^~ "' Barry & taurte Schafer m 3!301 ilrban Ct. !Ikea! Ridge, Cotarado 80033 uS-37-F d PS FORM 3800 US Postal Service ~°-.~---_-- - - m O W rL W~ o° az O~ 6W ~~ W LL YO / r= L N U~ QW J S a I-• Receipt for Certified Mail g 1 1 a fLl Sri a .a m m :m ~' 1 1 I POSTAGE p SFIOW TO ADOR~ss~- CERTIFIED I - :ce, ar on tie 6~dF if3p326 tlSe§"hdt'fie' e 8rlicle was tleliveretl aM the Gate tleliverea ~-- Uai.;t;a~ ;;ai.;/;:er»T»J~.Ta*f `_',tsi~r !I$IV_SL't' __ ;-~i=..3L P9`u'r*;;. LbTera~t F - ~ _ I also wish to receive the ~ ~F _ -following services (for an extra fee): _ __ and --1- ^ Addressee's Address ---- 2. ^ Restricted Delivery _ ~ Consult postmaster for fee. c t 4a _r ire Number- _ .- _„__ __ - ._ - -_ __°- ~ ~ - t---- P 963 361 521 4b. Service Type CERTIFIED 7. Date of Deliveru- ,. ~ `\ ~~ 'v ~ P 'n[ Name 8 Addr see's Address In I, ~'' ° PS FORM 3800 "' - - lu f ste an is.e paid ~ ~`/ ru (U Lri t~ rn m C l1 .~ .~ a .n m m .~ o- d -~---°-- _ ~aC n ~ RETURN Ao~ ~ ~ r ~ - ~ .E RECEIPT oEarn-PS FO 3819;January-rasa "-_---- _- Domestic ReturnReceip ,_ SERVICE _, _..~..- .~.~.e.... .., ._~- w_n ,_... ._.... - -- _ - __ _!i~_ ~ ~ ~ - .. _ ... TOT iy-ice - r ~~ __ _T ~rt~f2-- r-_ ~ __._.r - _ SENT TD: - ~°.°~ ,. ------~~-~- ~_~ V4 ,~ ~ C $ ~4> `Y C t 3 s}OY1tt s E _ 3ti~P~3 ': ~b~ ,Y+ ~~~ C ~ ° ,,,° ~~'~ ~ - 12201 . - = - 1'_x'1 ~ > a ,~ ~C. ~ / a o _~ ~ Y;t ~~~ Q~ y _ _~ (~ ~- -Received BY: (Pant Name) ' POSTAGE /or yy~., `. ~\\ RETURN sROw ro Ure Ad N ~' N n I U.I `7 ~ tl ~ ~'-'~1 ~~_ ApDRES50- x5igf~ Ssea O _ ._.- RECEIPT OERTIFIEO ;' t ~ W ~ c W'k - ,; . SERVICE -_ - _- ~ e0 Pv CIT -+'. `e v t ' .: n, TOTAL P(M"~ - - - ~ v ft Ul\ ~~y _ - - w - aTlCfary- N .'~ C ~ u't .~ a .~ m n .~ d" a -:~- a >T ~ ~ ~, IMF O ' . ff ATvin/At1ti@t'C~ RTberts, Tr~i ~~ i~ ~ `u_, ~, s '~:i ~ 1235 Urbat9 Ct. " ' a t~, ° "~ v YheaL Ridge, CO X0093 ~. o m ~. °' a ,'°-.,.,~..% .,._ td5°97-2 _ _ _ O T - - -- -_- - _ ~ -----°-W~~°°""'- Y - - ~ - I also wish to receive the _ - _ _ -- =~ ~ - , _ rvices (for an extra fee): - a~'dYar2 for aadtional servtces. --~ form so that we hi following se ~, ~ Addressee's Address can return this cartl - ~ s ur myr(f~dreaare3s'er+the reverse of t - - - e 0 Restricted Dellvery 2 . pes~Ge ,p,hf y _~oyvv _ - _-_- _ ermit. OStmaster m to the front of ifie maTpiece. or on the back if space does rw P T d the dzte aelNrered. RETURN q~ f f b ~ e~ or o p s ~ ch this RECEIPT cEprIFIeD FE` ~nie Return Receipt wil shdeG To wham the article was tleliveretl an 4a. ArtlCle NUmb2f 6 9 S seance romLPOSrac ArtlcleAda`res to -_.-. _... - .. ,.. _ ..- .. - P 963 361 SENT TO: " - __ ~ y - - 4b. Service Type ~, ~-~,__a_ f~Tli~ V1»~y ~~r, ~f_11 CERTIFIED ~~' vcsian art ~ ~ kiTT i ~ .arti''i.~ i~j:~~`. t.~l ~'T~W - _ , 7.Dat9'of®el~r~ ~ 1 ~ _-, ~I~SpS ,. ,~ ~ }~t1e~`C -- _-~_-_ S. Addressee's Address uested and tee paid.) if re WS~~(~ -5. Received BY (Pifnf Name) q (ONLY G_a=~----- _. - PS FORM 3800 6_$ignatu-e: (Ad~res`se ° 'ge - X ` ... :: pomestic Return Receipt - _-pS FOR 3811;'J nuarY i e -_- CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: PLANNING COMMISSION DATE OF MEETING: July 17, 1997 CASE NO. 8 NAME: WS-97-2/Rice ACTION REQUESTED: Approval of a six-lot subdivision. LOCATION OF REQUEST: 12355 W. 38th Avenue DATE PREPARED: June 27, 1997 CASE MANAGER: M. Reckert NAME 8 ADDRESS OF APPLICANT(S): Wallace Rice 4618 Fig Street Golden, CO 80403 NAME & ADDRESS OF OWNER(S): Same APPROXIMATE AREA: 2.8 Acres PRESENT ZONING: Residential-One PRESENT LAND USE: Single family residential, vacant SURROUNDING ZONING: N: A-2; S: R-1A; E: R-1; W: R-1 SURROUNDING LAND USE: N: single family residential, vacant; S: single family; E: single family residential (under construction); W: elementary school COMPREHENSIVE PLAN FOR THE AREA: low density residential DATE PUBLISHED: June 27, 1997 ~ T` DATE POSTED: July 3, 1997 DATED LEGAL NOTICES SENT: June 12, 1997 RELATED CORRESPONDENCE: () ATTACHED (X) NONE ENTER INTO RECORD: () COMPREHENSIVE PLAN (X) CASE FILE 8 PACKET MATERIALS (X) ZONING ORDINANCE Q SLIDES (X) SUBDIVISION REGULATIONS (X) EXHIBITS () OTHER ,~ JURISDICTION: The property is within the City of Wheat Ridge, and ail notification acrd posting requirements have been met, therefore, there is jurisdiction to hear this case. • Page 2 planning Division Staff Report Case No. WS-97-2/Rice I, REQUEST The applicant requests approval of a six-lot subdivision on R-1 zoned land located at 12355 West 38th Avenue. There is an existing single family residence on the property and two homes to the south within Poole Minor Subdivision. These three homes have access from West~318t~Ve ~ shwas dedic ted as n'ght of- however, when the southern two properties were subdivided, way. When these two homes were built in 1987 and 1991, development agreements were signed and recorded, obligating the owners to pay for public improvements on Urban Street when the remainder of the property is developed. II. SUBDIVISION DESIGN The subdivision shows six lots, including the existing house on Lot 6, with a cul-de-sac bulb off-set to, the east. All of the new dedi ations (50') occure in front of ots13tthrough 6 f A l half-widthidedication Full width right-of--way (25') will occur in front of lots 1 and 2. The northeastern portion of Lot 5 contains a detention pon . Because of the requirement for street dedication, a nonconforming setback is created for the exisung ' where a house on Lot 6. At the northeastern corner of the house, the setback from Urban Street is 24 , 30' front setback would normally be required next to a public street. Staff has concluded that because the nonconformity is created as a result of a government action, no variance is required. All requirements of the Subdivision Regulations have been met. III. AGENCY REFERRALS All responding agencies can serve the property. Public Works has reviewed the drainag e full width public improvements on U ban Strceetn pThes and has asked for changes. They will req construction of an 8' wide walking path. and IandsYO tare ears llvbh ch was re enty `subdivided pursuant to consistent with what was required of the property Case No. MS-96-3. Escrowee funds will be required for the rest of the improvements along 38th. Consolidated Mutual Water Company can serve the property. Amain line extension will be required at the developer's expense. Wheat Ridge Fire Protection district can serve the property. One hydr P ksland Recreatironalled at the north edge of Lot 1. The cul-de-sac bulb must be signed "no pazking . Planning Division Staff Report Page 3 Case No. WS-97-2/Rice _ Commission will require fees-in-lieu of land dedication. IV. STAFF CONCLUSION AND RECOMMENDATIONS Staff has concluded that the proposed subdivision meets or exceeds the standards for Residential-One development. Staff further concludes that all the requirements of the Subdivision.Regulations have been met. Therefore, a recommendation of Approval is given for Case No. WZ-97-2 with the following , conditions: 1. Existing mature trees on the property be saved with consultation by the City Arborist. 2. An eight feet wide walking path and landscaping be installed along West 38th Avenue consistent with what occurred on the property to the east. V. RECOMMENDED MOTION Option A: "I move that Case WS-97-2, a request for approval of a six-lot subdivision on R-1 zoned property located at 12355 West 38th Avenue, be APPROVED for the following reasons: 1. All of the lots meet or exceed the Residential -One zone district standards, 2. All of the requirements of the Subdivision Requirements have been met. With the following conditions: 1. Existing mature trees on the property be saved with consultation by the City Arborist. 2. An eight feet wide walking path and landscaping be installed along West 38th Avenue consistent with what occurred on the property to the east. 3. Staff recommends approval:' Option B: "I move that Case WS-97-2, a request for approval of asix-lot subdivision on R-1 zoned properly located at 12355 West 38th Avenue, be DENIED for the following reasons: 1. 2. " v r ~ ~- l ~ f Q ~ r .l. ~• ... . . ~ i ~~ i~ , _ 1~ i 1, t f ~~I ~ 1 ., 1 iI r ' I. \ ~ I A / il 1, 1 . 1 I 1 , ~~ M1 1l I t . 1 • 1 ~ ~ ~ g Q' '1 I. 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I ~~1 ~ _ '.~ I i~l~,~ ~~~4- ~ ~-2 MOORE I~ LOGKHA MINOR 5th --- ----~t------r- O~~I GI ~L ZONI N6 Mt~P WH~~hT ill DGE GOLOR~DO MAP ADOPTED: June 15, 1994 La+t Relnacn: September 16, 1996 •;. ... ,; _ ~' ~'' -a' - :._;"/ . _-c__-_ ___~. .= ~- ~~ --- --r- ®AREA REfUIRING SITE PLAN APPROVAL ~ ~ IDO-YEAR FLOOD PLAIN ~____ (APPROXIMATE LOGATIOW ZONE DISTRICT BOUNDRY - PARGEVLOT BOUNDRY (DESIGNATES OWNERSHIP) ---- WATER FEATURE S~ 20 ~- - _ kxm ~® SCALE I'.d00 l... \) DH'hi2it~8Qi OF RJitt1MN5 htN DEVH.OPhENT - 7i5-2652 L:\DRAWINGS\PLANNING\GS\SE20 ~ ~ (. ~, ~~ ,. r '. ' :lll V, ~.. ~ `. ~..... ~:~, .;: ~ -~- ~> ~ .,-- M1~~~~ .. ~,,:-. ~, ~ ' ~ .. x K v.":Y~: .'.. ~.. ~`~ ~ _ _ __ F'ULJ,LI~, vvvrtllJ Urrr+rt i ivitiv ~ PROJEG FILE ~ ENGINE~NG DIVISION ~ Locari . FEaruRE - 7500 W. 29TH AVENUE , DESIGNED BY DATE_ CO 80215 WHEAT RIDGE , - .-::1.:_.- . _ -: , _ :_ _ _ ~ . _ ;,. . ..-----a ---- ~ ... ~ ~ _. ....5D {Z.D.VJ. . r ...-.- - ~ ~ , . ~ 1_.Y_.-.~. ._{ -- I, ~' .!I . 34. ~~ -fit`-----; --•- - I.... _.. -~-- .._ ..... ..__._5>~ET __S~Tf~ - Planning Commission Minutes July 17, 1997 Page 2 6. PUBLIC FORUM (This is the time for anyone to speak on any subject not appearing under Item 7 of the Public Hearing section of the agenda) There was no one present to speak. PUBLIC HEARING . A. Case No. WS-97-2: An application by Wallace Rice for Albert Family Trust for approval of a six (6) lot major subdivision on Residential-One zoned land located at 12355 West 38th Avenue, City of Wheat Ridge, County of Jefferson, State of Colorado. s. Reckert presented an overview of this case to the Commission. She stated that this is a _ _ quest by the owner to develop asix-lot subdivision with a variance. The property is 2.8 acres and currently has a single family residence on the property. The property is surrounded primarily by single family zones to the east and west, Residential-One A zoning to the south, and to the north Agricultural-Two zoning. Ms. Reckert provided an aerial photo to outline the property and buildings upon it and slides from various directions to provide views of the property. Ms. Reckert admitted into the record the subdivision regulations, zoning ordinance, case file and packet materials, and exhibits. Posting requirements have all been met. Ms. Reckert elaborated on the vaziance request, public improvements, and advised that all agencies can serve the property and the requirements designated by the agencies. Discussion was held regazding the current driveway variance pros and cons, set-back requirements, cul-de-sac parking, public right-of--way, and dedication requirements of the City. Chairperson WILLIAMS swore in Wally Rice, 4618 Fig Street, Golden, 80403, who is the applicant. Mr. Rice stated he is trying to develop a small scale Class A subdivision to include only ranch style housing of 2,000 sq. ft. or lazger. He presented an artist's rendering of the proposed subdivision. He stated that a brick wall would be constructed along 38th Avenue and would match the adjoining subdivision design. He elaborated on the need of the street variance and stated that the fire department prefers a straight street vs a curved one to accommodate the emergency access in addition to snow removal. He said that not granting the variance would have detrimental affects on the drainage report as well as other subdivision plans or requirements. The Commission discussed the repercussions of not granting the variance, the drainage report, landscaping, need of moving the street six feet to the east, existing sewer and water line easements, and negative impacts on the subdivision regazding the variance requirements. Planning Commission Minutes July 17, 1997 ~, Page 3 Chairperson WILLIAMS swore in Kathy Nuanes, 3825 Urban Street. She pointed out on the overhead picture the location of her home and expressed concern regarding the notification from public works regazding the responsibility for installation of gutter, curb, sidewalk, street pavement and engineering expenses, etc.. She stated that when they had purchased the home they had never been advised of this responsibility and further stated that the letter received was actually addressed to the previous owner. She said that they were never asked to sign a bond regarding this issue at the time of closing on this home. Ms. Reckert stated that the property owner has been traditionally held responsible in the City of Wheat Ridge for public improvements in front of their house/business. She said that in the case where there may only be one or two houses in the area, a development agreement is recorded on the title for current or future owners that a public improvement requirement was agreed to. She was encouraged to seek resolution from the realtor and title company that processed their purchase. Chairperson WILLIAMS swore in Barry Schafer, 3801 Urban Street. He questioned if he would be responsible for the brick wall or path. Ms. Reckert stated she was not sure what was entailed in their development agreement but was sure that it included Urban Street in front of his home. She suggested negotiating with the developer. Discussion was held regazding development escrows, costs to homeowners with regard to Urban Street and 38th Avenue at time of improvements, and installation and costs of the subdivision wall. Ms. Reckert suggested that the citizens request a meeting with the Director of Public Works prior to 38th Avenue improvements and costs involved. Chairperson WILLIAMS swore in Duane Lebsack, 10900 VJ. 20th Avenue, Lakewood. He stated that the setback in Wheat Ridge as stated was 30 feet. However, he pointed out that the McLaughlin/Applewood area has setbacks of 20 feet which is only 2/lOths of a mile east. He didn't feel the 24 foot variance would be a unique situation. He further felt that it would be a significant deterrent from the subdivision and the marketing of it. Ms. Reckert clarified that the McLaughlin/Applewood Subdivision has R-lA zoning. The standazd front yard setback for any property with a straight street in front of it is 30 feet, however, any properties that aze on the eyebrow of a cul-de-sac can reduce their setback down to as small as 10 feet. Chairperson WILLIAMS swore in Dan Schneider, 2562 Taft Court, Lakewood, adjacent developer to the east. He stated he is in favor of the subdivision and feels it is a good use of the land. He was concerned regarding the 24 foot setback. After clarification from Ms. Reckert that there was only one lot affected, he stated he felt that the variance for one property was reasonable as long as the remaining lots the setback would be the standard 30 feet. He stated the other thing he was concerned about was the use of significant amounts of fill so drainage could run into the ~: ~ i Planning Commission Minutes C July 17, 1997 Page 4 retention pond and potential affects on his development. Mr. Schneider and the Commission were advised that the engineering drainage report did not reflect any future drainage problems. Further Ms. Reckert advised that the City has revised regulations to measure building height from the original grade to a maximum of 35 feet. Chairperson WILLIAMS advised Mr. Rice that he had already been sworn in. Mr. Rice stated that he has agreed to pay for the street in total and are asking the existing homeowners to pay for the curb, gutter and walk in front of their homes only. He said that he would pay for the brick wall or whatever treatment is necessary on 38th Avenue including the walking path and the decel lane. He again stated that the homes in the subdivision would be restricted to ranch style houses. In addition, the approximate amount of fill is 6,000 cubic yazds over the back two lots which amounts to approximately three to four feet depth fill at the most. A motion was made by Commissioner SNOW, seconded by Commissioner SHOCKLEY, "that Case WS-97-2, a request for approval of a six-lot subdivision on R-1 zoned property located at 12355 W. 38th Avenue, be Approved for the following reasons: 1. If condition 3 (specified below) is approved, all the lots will meet or exceed the R-1 zone district standazds. 2. With the same condition, all the requirements of the subdivision requirements will have been met. With the following conditions: 1. Existing mature trees on the property be saved with consultation with the City Arborist. 2. An eight foot wide walking path and landscaping be installed along West 38th Avenue consistent with what occurred on the property to the east. 3. The road be redrawn so that there is a minimum of 30 feet between the street and all portions of the house. 4. The cul-de-sac is marked "no parking". 5. That there be an escrow account or improvement agreement for installation of the curb and gutter along West 38th Avenue when it is reconstructed. Discussion was held regazding the 30 foot setback requirement. It was the general consensus that not granting the variance and requiring the movement of the street six feet would be a hardship. Commissioner SNOW stated that she would vote no if the variance was granted. She stated that there are a lot of nonconforming uses in the City and felt that it is disgraceful to encourage a developer to make a home nonconforming when it is so very easily solved to make it conforming. She felt that this adjustment should have been made prior to request of the - subdivision. Commissioner THOMPSON asked if Staff could point out how changes could be ~. • i Planning Commission Minutes ; 7uly 17, 1997 Page 5 made. Ms. Reckert stated that there is a lot of engineering involved and said that a transitional taper would have to be used. Conunission SNOW stated that the case should be postponed. Ms. Reckert stated that there is a responsibility of Staff since the case was not published the way Commissioner SNO W stated and felt the case should move forward to City Council. Motion failed 4-2. (Commissioners WILLIAMS, THOMPSON, RASPLICKA, BRINKMAN voting against.) A motion was made by Commissioner RASPLICKA, seconded by Commissioner BRINKMAN, "that Case WS-97-2, a request for approval of a six-lot subdivision on R-1 zoned property located at 12355 W. 38th Avenue, be Approved for the following reasons: 1. All the lots will meet or exceed the R-1 zone district standazds. 2. All the requirements of the subdivision requirements will have been met. With the following conditions: 1. Existing mature trees on the property be saved with consultation with the City Arborist. 2. An eight foot wide walking path and landscaping be installed along West,38th Avenue consistent with what occurred on the property to the east. 3. The 24 foot setback variance for Lot 6 be reviewed by City Council. 4. The cul-de-sac is marked "no pazking". 5. That there be an escrow account or improvement agreement for installation of the curb and gutter along West 38th Avenue when it is reconstnrcted. Motioned carried 4-2. (Commissioners SNOW and SHOCKLEY voting against.) B. Case WZ-97-8• An application by Ronald C. Luke for Pasquale J. LoSasso and Pasqual D. Aiello for approval of a rezoning from Residential-Two to Planned Commercial Development and for approval of an outline development plan and a final development plan and plat with a variance for property located at 3470 Wadsworth Blvd., City of Wheat Ridge, County of Jeffersmr, State of Colorado. Ms. Reckert provided an overview of this request and passed out a memorandum from the Bob Goebel, Public Works Director. The memo addressed questions posed by Commissioner BRINKMAN regarding future traffic circulation in this area. She stated that there has been some concern regarding trucks cutting through neighborhood east of Wadsworth. The Commission reviewed the memorandum. Ms. Reckert said that the land is vacant and showed an aerial photograph and slides to review the surrounding area. On April 1, 1997, approximately 16 CERTIFICATION OF RESOLUTION CTTY OF WHEAT RIDGE PLANNING COMMISSION CASE NO: - -~T-2 # APPLICANT(S) NAME: Wallace Rice OWNER(S) NAME: Same LOCATION: 12355 W. 38th Avenue REQUEST: Approval of a six-lot subdivision. APPROXIMATE AREA: 2.8 Acres WHEREAS, the City of Wheat Ridge Planning Division has submitted a list of factors to be considered with the above request, and said list of factors is attached hereto and incorporated herein by reference, and made a part hereof; and WHEREAS, there was testimony received at a public hearing by the Planning Commission and such testimony provided additional facts. NOW, THEREFORE, based upon the facts presented and conclusions reached, it was moved by Commissioner RASPLICKA, seconded by Commissioner BRINKMAN, that Case No. WS-97-2, a request for approval by Wallace Rice ofasix-lot subdivision on R-I zoned property located at 12355 W, 38th Avenue, be Approved for the following reasons: 1. All the lots will meet or exceed the R-I zone district standards. 2. All the requirements of t(te subdivision requirements will have been met. With the following condition: I. Existing mature trees on the property be saved with consultation with the City Arborist. 2. An eight foot wide walking path and landscaping be installed along West 38th Avenue consistent with what occurred on the property to the east.- 3. The 24 foot setback variance for Lot 6 be reJiewed by City Council. 4. The cul-de-sac is marked "no parking". 5. That there be an escrow account or improvement agreement for installation of the curb and gutter along West 38t1t Avenue when it is reconstructed. VOTE: YES:4 NO: 2 (Commissioners Snow and Shockley) I, Marily~t Gunn, Secretary to the City of Wheat Ridge Planning Commission, do hereby and herewith certify that the foregoing Resolution was duly adopted by an 4-2 vote of the members present at their regular meeting held in the Council Chambers of the Municipal Building, Wheat Ridge, Colorado, on the 17th day ofJuly, 1997. C WHEAT RIDGE PLANNING COMMISSION WHEAT RIDGE PLANNING COMMISSION T~City of 7500 WEST 29TH AVENUE ~1 V h e at WHEAT RIDGE, CO 80215-6713 ~ (303) 234-5906 City Admin. Fax # 234-5924 Police Dept. Fax # 235-2949 [~ ` ~~~ July 14, 1997 , Mr. Terry Kunz or Current Resident at 3825 Urban Street wheat Ridge, Colorado Re: 3825 Urban Street -.Development Agreement Terms Dear Homeowner, This letter is to notify you of the Appletree Lane Subdivision that is proposed to the north and east of your property. As a. result of this- development, the terms and conditions stipulated by the executed Development Agreement for-this property, and the recorded Poole Minor Subdivision Plat will be enacted by the City of Wheat Ridge upon City Council approval of t_he Appletree Lane Subdivision plat. The-terms and conditions of the development agreement as agreed- to, require that the current owner of this particular property o pay for costs associated with bringing the west half of Urban Street (along said property frontage) into conformance with current-City standards when lands to the east or to the north are subdivided. Such costs will include curb, gutter, sidewalk, street pavement, engineering, etc. For your information I am providing a copy of the executed Development Agreement for this property, and a copy of the Poole Minor Subdivision Plat. I am .also including a copy of the proposed Urban Street design which highlights the.,proposed public improvements surrounding your property, and the area of public improvement per the Development Agreement. Please contact me at your earliest discuss any questions you may have reached at 235-2868. convenience in order to regarding this issue. I can be Sincerely, Greg Knudson Development Review Engineer cc: Bob Goebel, Public Works .Director Jack Hurst, Interim Planning & Development Dave Kotecki, Sr. Project Engineer - Meredith Reckert, Senior Planner - File - Director C~ RECYCLED PAPER i ~c~ry of 7500 WEST 29TH AVENUE ~~Wh e at WHEAT RIDGE, CO 80215-6713 - (303) 234-5900 City Admin. Fax # 234-5924 Police Dept. Fax # 235-2949 Ridge July 14, 1997 Mr. Barry Schafer or-Current Resident at 3801 Urban Street _ Wheat Ridge, Colorado Re: 3801 Urban Street - Development Covenant Terms Dear Homeowner, This letter. is to notify you .of th_e Appletree-Lane Subdivision that is proposed to the north and .east of your property. As a result of this development, the terms and conditions stipulated by the executed Development Covenant for this property, and the recorded Poole Minor Subdivision Plat will be enacted by the City of Wheat Ridge upon City Council approve the Appletree_Lane Subdivision plat. The terms and conditions as agreed to, require that the current owner of this particular property is to pay for-costs associated with bringing the west half of Urban Street (along ,said property frontage) into conformance-with current City standards when lands to-the east or to the north are subdivided. Such costs will include curb, gutter, sidewalk, street pavement, engineering, etc. In addition, the current owner is to pay for costs associated with the installation of a concrete bikepath along the West 38th Avenue property frontage For your information I am providing a copy of-the executed Development Covenant for this property, and a copy of the Poole Minor Subdivision Plat. I am also including a_copy of the proposed Urban Street design which highlights the proposed public improvements surrounding your. property, and the area of public improvement per the Development Covenant. Please contact me at your earliest_convenience in order to discuss any questions you may have regarding this issue. I can be reached at 235-2868... Sincerely, Greg Knudson Development Review Engineer cc: Bo]zGaebel, Public Works Director Jack Hurst,- Interim Planning & Development Director Dave Kotecki, Sr. Project Engineer Meredith Reckert, Senior Planner File ~^J RECYC~EO PAPER • i NOTICE OP PUBLIC HEARING Notice is hereby given that a Public Hearing is to beheld before the City of Wheat Ridge CITY COUNCIL on August 35, t997, at 7:00 p.m. at 7500 West 29th Avenue, Wheat Ridge, Colorado. A(I interested citizen. are invited to speak at the Public Hearing or submit written couunenU. Tice following petitions shall be heard: Section 5 20 Street Width Designation: For the purpose of considering a Street Width Designation for all public streets within a proposed subdivision at 12355 West 38th Avenue. The proposed Street Width Designation and specifc plans for such street are available for public inspection during regular business hours at the office of the City Clerk, Wheat Ridge Municipal Building. The City Council shall have the sole authority and responsibility to determine the width of all City streets within the boundaries of the City of Wheat Ridge. Such authority and responsibility cannot be delegated to any other body or individual(s), the only exception being the election procedure specifically set forth in this Charter section. Street width shall be determined by the flowline of the street. Foowline is defined as the measurement from the inside edge of one curb to the inside edge of the opposite curb. Where no curb is planned to be constructed, flowline shall be defined as the measurement from the outside edge of one side of the driving surface of the street, to the outside edge of the opposite side of the driving surface of the street. Within one (l) year prior to construction or reconstruction of a street, the City Council shall hold a public heazing to determine the flowline of such street. Following the public heazrng, the Cburicil shall adopt such flowline as the street's official Street Width Designation. In the event of a protest against such proposed Street Width Designation signed by the owners of: (i) Twenty (20) percent of the property immediately adjacent or contiguous to either side of such street; or, (2) Ten (10) percent of the property lying within three hundred (300) feet of either side of such street, such proposed Street Width Designation shall not become effective except by the favorable vote ofthree-fourths (3/4) of the entire City Council. Property does not need to be, entirely contained within the three hundred (300) foot area to be used in the computation of the ten (10) percent necessary to file a protest. Only the portion of the property that actually lies within the three hundred (300) foot area is used to compute the ten (10) percent required to file a protest. Where • Notice of Public Hearing Page 2 the City of Wheat Ridge owns property or has right-of--way within three hundred (300) feet of either side of the street, then such city-owned land orright-of--way shall be excluded from the computation of the required percentage of properties needed to file a protest to the proposed Street Width Designation. Owners of non-city land shall be considered immediately adjacent or contiguous to the street, or within three hundred (300) feet of either side of such street, despite such intervening city-owned land or right-of--way. The written protest to such proposed Street Width Designation shall be submitted to the City Council no later than the conclusion of the public hearing on the proposed Street Width Designation. At least fifteen (15) days' notice of the time and place of the hearing shall be published in the newspaper used by the City to publish legal notices, and notice of such public hearing shall be mailed by certified letter to all property owners within three hundred (300) feet of both sides of such street. Said notice shall contain: (I} A description of the proposed.Streetblidth Designation, and a statement that the specific plans for the proposed Street Width Designation are available for inspection at the Wheat Ridge Municipal Building; and, (2) An explanation of the right of the property owners to protest such proposed Street Width Designation, and how to exercise such right; and, (3) The full and complete text of this- Charter section. All publication and notification requirements set forth in this Charter section•shall be performed by the City Clerk. If at any time within forty five (45) days after a favorable vote by City Council of such proposed, Street Width Designation, a petition signed by at least five (5) percent of the registered electors of the City Council district(s) immediately adjacent or contiguous to such street be presented to the Council against the going into effect of such proposed Street Width Designation; the same shall thereupon be immediately suspended and the Council shall publish notice of and call an election upon the proposed Street Width Designation. Said election shall beheld not less than thirty (30) days nor more than one hundred eighty (l80) days after publication of the notice thereof. Only registered electors in the City Council district(s) immediately adjacent or contiguous to such street shall be eligible to vote on the proposed Street Width Designation. If a majority of the registered electors in the City Council district(s) immediately adjacent or contiguous to such street voting thereon vote for such proposed Street Width Designation, the proposed Street Width Designation shall be deemed approved. For purposes of ballot tabulation, the total votes Notice of Public Hearing Page 3 of all electors who cast ballots from one or more City Council district(s) shall be counted together. If any provision of this Charter section or the application in any particular case, is held invalid, the remainder of this Charter section and its application in all other cases shall remain unimpaired. Anything in the Charter or ordinances of the City of Wheat Ridge in conflict or inconsistent with the provisions of this Charter section is hereby declared to be inapplicable to the matters and things covered and provided for by this Charter section. This Charter section shall take effect immediately upon passage. Mar yn u n, Recordin Secretary ATTEST:. liL.- Wanda Sang, City Jerk To be Published: August 8, 1997 Wheat Ridge Transcript s ? ~ -soo west 2srr AvE;vuE - The Crty of P .O. BOX 638 - - - - ~ - - "- - WHEAT RIDGE. CO 80034.Oc36 - 13031 23~-5900 ~7Vheat-- City Admin. Fax n 23a-592a Police Dept. Fax ~ 235-2949 ~ldge POSTING CERTIFICATION CASE NO. ~" ~~~,.~ PLANNING COMMISSION - CITY COUNCIL - BOARD OF ADNSTMENT (Circle One) HEARING DATE: I, n a m e - _- residing at _ _, '' !-Q(a d d r e s s) UJ S ~7 Z hereby certify as tha applicant. for Case No. that I have posted the Notice of Public Hearing at 23s'S~W~ 3~~~-~ jl o,c//JJa t i o np on this ~C- day of ~••^- -~f 19 ~, and do hereby certify that said sign has been posted and remained in place for.-fifteen (15) days prior' to and ir_cludi.ng the scheduled day of public hearing of this case. The sign was posted in the position shown on the map below. NOTE r Signature: W~"~'`~Q-~ `~ This form must be submitted at the public hearing on this case and will be placed in the applicant's case file at the Department of Planning and Development. ` 4. 7 4 t r' PUBLIC HEARING POSTING REQUIREMENTS Applicants aze required to post a NOTICE OF PUBLIC HEARING before all Board of Adjustment, Planning Commission and City Council meetings. Signs will be provided by the Department of Planning and Development. ~` One sign must be posted per street frontage. In addition, the following requirements must be met: ^ The sign must be located within the property boundaries. ^ The sign must be securely mounted on a flat surface. ^ The sign must be elevated a minimum of thirty (30) inches from ground. ^ The sign must be visible from the street without obstruction. ^ The sign must be legible and posted for fifteen (15) continuous days prior to and including the day of public hearing. It is the applicant's responsibility to certify that these requirements have been met and to submit a completed Posting Certification Form at the public hearing. 7500 West 29th Avenue The City of Wheat Ridge, Colorado Wheat Telephone-303/ 237-6944 Ridge August 7,1997 This is to inform you that Case No. WS-97-2 which is a request for npnroval of a six (6ZIot subdivision with a variance for property located at 12355 West 38th Avenue will be heard by the Wheat Ridge CITY COUNCIL in the Council Chambers of the Municipal Complex, 7500 West 29th Avenue at 7:00 P.M. on Aug<tst 25.1997. . _ _ All owners and/or their legal counsel of the parcel under consideration must be present at this hearing before the CITY COUNCIL. 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 desires to review any plans, please contact the Planning Division. Thank you. PLANNING DIVISION "The Carnation City" f Dale E Squier 3825 .Urban 'CT Wheat Ridge CO ** C013 80033-3881 ** C013 Roger C-Kay -- 3774 Union CT Wheat Ridge CO 80033-5320 ** C013 Alvin L Alberts 12355 W_3$th eve Wheat Ridge CO 80033-3838 ~u /D9~ ** C013 Barry Schafer 3801 Urban CT Wheat .Ridge CO 80033_-3881_ ** C027 Dawn M Sessions 2086 Elderberry I2D Golden-CO 80401-2009 ** - 0013 James E_Ratzloff 3784 Union CT Wheat Ridge CO 80033-5320. ** C013 John F Carroll 3754 Union CT -- Wheat Rdge_CO 80033-532-0 ** C013 - 12345_W 38th Ave .:Wheat Ridge CO 80033-3838 _ {~C~e~od~ ~~~~~~`p"~''~1~ 6~-~~,-/ ~~ 8a~a3 ~2 s~3 ' "'~ ~` ** 0013 ** 0013 ** 0013 William A Campbell _ Stephen V Williams Carlyle A Harris 3785 IInion CT 12310 W 38th Ave 12103 W 37th PL Wheat Ridge CO 80033-5319 Wheat Ridge CO 80033-3839 Wheat Ridge 00.80033-5306 ** 0013 ** 0013 ** 0013 Dale S Parker Vernon V Quevli Harvey De Lockroy - 12083 W 37th PL 3755 iTniori CT 12104 W 37th PL Wheat Ridge CO 80033-5306 Wheat Ridge CO 80033-5319 Wheat Ridge CO 80033-53.06, ** 0013 Lois J Tate_ -__ 12100 W 38th Ave. Wheat Ridge CO 80033-3835 '013 3835 • .:, ** C013 John BMoore - __ _- 12201 W 38th. 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LOCATION OF REQUEST: 12355 W. 38th Avenue NAME & ADDRESS OF APPLICANT(S): Wallace Rice 4618 Fig Street Golden, CO 80403 NAME 8: ADDRESS OF OWNER{S): Same APPROXIMATE AREA: 2.8 Acres PRESENT ZONING: Residential-One PRESENT LAND USE: Single family residential, vacant SURROUNDING ZONING: N: A-2; S: R-1A; E: R-1; W: R-1 SURROUNDING LAND USE: N: single family residential, vacant; S: single family; E: single family residential (under construction); W: elementary school COMPREHENSIVE PLAN FOR THE AREA: low density residential DATE PUBLISHED: August 8, 1997 DATE POSTED: August 12, 1997 DATED LEGAL NOTICES SENT: August 7, 1997 RELATED CORRESPONDENCE: ( ) ATTACHED (X) NONE ---------------------------------------------- ENTE~INTO RECORDRECORD: () COMPREHENSIVE PLAN (X) CASE FILE 8: PACKET MATERIALS (X) ZONING ORDINANCE () SLIDES (X) SUBDIVISION REGULATIONS (X) EXHIBITS () OTHER ---- ----------------------------- JURISDICTION: The property is within the City of Wheat Ridge, and all not"dication and posting requirements have been met, therefore, there is jurisdiction to hear this case. Planning Division Staff Report Page 2 Case No. WS-97-2/Rice L REQUEST The applicant requests approval of a six-lot subdivision on R-1 zoned land located at 12355 West 38th Avenue. There is an existing single family residence on the property and two homes to the south within Poole Minor Subdivision. These three homes have access from West 38th Avenue byway of a gravel drive, however, when the southern two properties were subdivided, this drive azea was dedicated as right-of- way. When these two homes were built in 1987 and 1991, development agreements were signed and recorded, obligating the owners to pay for public improvements on Urban Street when the remainder of the property is developed. The owners have been recently notified of this obligation. II. SUBDIVISION DESIGN The subdivision shows six lots, including the existing house on Lot 6, with a cul-de-sac bulb off-set to the east. All of the new lots meet or exceed the R-1 zone district standards for lot size and lot width. Full width right-of--way dedications (50') occur in front of lots 3 through 6 . A half-width dedication (25') will occur in front of lots 1 and 2. The northeastern portion of Lot 5 contains a detention pond. The right-of--way to be `dedicated' with this subdivision aligns with right-of--way which was previously dedicated by the subdivision to the south. Please refer to Exhibit `B', which is a reduction of Poole Minor Subdivision.. Because of the requirement for street dedication, a variance is required for the house on Lot 6. The front setback for the house, from Urban Street is 24 ', where a 30' front setback would normally be required next to a public street. A specific vaziance is required pursuant to Section III of this report.. All requirements of the Subdivision Regulations have been met III. VARIANCE A variance is being requested as part of this application for the existing house on Lot 6. The applicant has proposed a street location which will require a 6' frontyazd setback on this lot resulting in a 24' front setback where normally 30' would be required. Included under Exhibit `A' is a letter from the applicant supporting the request as well as letters from adjacent property owners stating no objection to the vaziance. Staff has the following comments regarding the criteria used to evaluate a variance request. 1. Can the property in question yield a reasonable return in use, service or income if permitted to be i ~ Planning Division Staff Report Case No. WS-97-2/Rice Page 3 used only under the conditions allowed by regulation for the district in which it is located. The property could still be utilized as a single family residence if the vaziance were not granted. However, the subdivision would have to be redesigned shifting the street further to the east which would reduce the depths of Lots 1 through 4. 2. Is the plight of the owner due to unique circumstances. Circumstances are unique for the fact that the street design is a logical extension of the right-of--way from the south. If the vaziance were granted, would it alter the essential chazacter of the locality. There aze no other obvious front setback vaziances in the immediate azea. Given the small reduction of the setback, Staff doubts whether this would have a negative affect on the neighborhood. 4. Would the particulaz physical surrounding, shape or typographical condition of the specific property involved result in a particulaz hazdship upon the owner, as distinguished from a mere inconvenience, if the strict letter of the regulations were carried out. Staff concludes that there are no physical attributes of the property which have created the hardship. The situation was created due to the platting of the property to the south. 5. Would the conditions upon which the petition for a variation is based be applicable, generally, to the other property within the same zoning classification. A precedent could be established unless there is a finding of unique circumstance or hazdship. 6. Is the purpose of the variation based exclusively upon a desire to make money out of the property. There is some economic motivation for support of the variance by the developer in regazd to time lost and the need for engineering redesign if the variance is not granted. 7. Has the alleged difficulty or hardship been created by any person presently having an interest in the property. The hardship was created when the property to the south was platted. 8. Would the granting of the variation be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located. Granting of the variance would not be injurious to the public welfare and neighborhood. The property • Planning Division Staff Report Case No. WS-97-2/Rice C~ Page 4, owners who would be most negatively impacted have submitted letters of support for the vaziance. 9. Would the proposed variation impair the adequate supply of light and air to adjacent property or substantially increase the congestion in the public streets or increase the danger of fire or endanger the public safety or substantially diminish or impair property values within the neighborhood. There is a potential impact on the amount of light and air to the property to the north, however, it is likely that the future house will be located closer to the right-of--way than the house on Lot 6. Pursuant to Section 26-10(F) of the Wheat Ridge Code of Laws, "Front setbacks for structures on lots or portions of lots which abut cul-de-sacs may be reduced to 10"'. There will be no negative impact in regard to street congestion or fire danger as the street will be constructed in accordance to the standazds of the City of Wheat Ridge and the Wheat Ridge Fire Protection District.. 10. If it is found in criteria 8 and 9 above, that granting of the vaziation would not be detrimental or injurious to other property or improvements in the neighborhood, and it is also found that public health and safety, public facilities and surrounding property values would not be diminished or impaired, then, would the granting of the variance result in a benefit or contribution to the neighborhood or the community, as distinguished from an individual benefit on the part of the applicant, or would granting of the variance result in a reasonable accommodation of a person with disabilities. Granting of the vaziance will not benefit the neighborhood other than the fact that it allows for a logical extension of the right-of--way from the south. Granting of the variance would not result in a reasonable accommodation of a person with disabilities. IV. AGENCY REFERRALS All responding agencies can serve the property. Public Works has reviewed and, approved the drainage report, erosion control plan and street construction plans. They will require full width public improvements on Urban Street. The construction of an 8' wide walking path. and landscaping will be required along West 38th Avenue consistent with what was required of the property to the east which was recently subdivided pursuant to Case No. MS-96-3. Escrowed funds will be required for the rest of the hprovements along 38th. Consolidated Mutual Water Company can serve the property. Amain line extension will be required at the developer's expense. Wheat Ridge Fire Protection district can serve the property. One hydrant will need to be installed at the north edge of Lot 1. The cul-de-sac bulb must be signed "no parking". Planning Division Staff Report Case No. WS-97-2/Rice V. PLANNING COMMISSION ACTION Page 5 Planning Commission reviewed this request at a public hearing held on July 17, 1997. A recommendation of approval was made for the following reasons: 1. All of the lots meet or exceed the Residential -One zone district standazds, 2. All of the requirements of the Subdivision Requirements have been met. With the following conditions: 1. Existing mature trees on the property be saved with consultation by the City Arborist. 2. An eight feet wide walking path and landscaping be installed along West 38th Avenue consistent with what occurred on the property to the east. 3. The 24 foot setback variance for Lot 6 be reviewed by City Council. 4. The cul-de-sac is marked "no parking". 5. That there be an escrow account or improvement agreement for installation of the curb and gutter along West 38th Avenue when it is reconstructed. VL STAFF CONCLUSION AND RECOMMENDATIONS In regazd to the variance, staff concludes that circumstances aze unique and there would be no negative impact on the general health, safety, and welfare. Since the adjacent property owners support the request, a recommendation of approval is given. Staff has concluded that except for the setback on Lot 6, the proposed subdivision meets or exceeds the standards for Residential-One development. Staff further concludes that all the requirements of the Subdivision Regulations have been met. Therefore, a recommendation of Approval is given for Case No. WZ-97-2 with the following conditions: 1. Existing mature trees on the property be saved with consultation by the City Arborist. 2. An eight feet wide walking path and landscaping be installed along West 38th Avenue consistent with what occurred on the property to the east. VII. RECOMMENDED MOTIONS VARIANCE Option A: " I move that the request fora 6' frontyazd setback vaziance for property located at 12355 W. 38th Avenue, be APPROVED for the following reasons: Planning Division Staff Report Case No. WS-97-2/Rice Page 6 1. Circumstances are unique because this will allow for the logical extension of right-of- way from the south. 2. There will be no negative impact on the general health, safety, and welfaze. 3. The applicant has submitted letters of support from the property owners most likely to be affected." Option B: For denial: "I move that the request fora 6' frontyazd setback variance for property located at 12355 W. 38th Avenue, be DENIED for the following reasons:" 1. 2. SUBDIVISION Option A: "I move that Case WS-97-2, a request for approval of a six-lot subdivision on R-1 zoned property located at 12355 West 38th Avenue, be APPROVED for the following reasons: 1. All of the lots meet or exceed the Residential -One zone district standazds, 2. All of the requirements of the Subdivision Requirements have been met. With the following conditions: 1. Existing mature trees on the property be saved with consultation by the City Arborist. 2. An eight feet wide walking path and landscaping be installed along West 38th Avenue consistent with what occurred on the property to the east. 3. Staff and Planning Commission recommend approval." Option B: "I move that Case WS-97-2, a request for approval of a six-lot subdivision on R-1 zoned property located at 12355 West 38th Avenue, be DENIED for the following reasons: 1. 2. 6' CR®~ - ~- _ A - Y ~ _ ~ ~ \r ~ _ ~ .. r ~ i ~ as• . _ r ~~ J ~ - I i~l i fa _ . ii. 3 -__ - ` ~ 7.~ I r f~ i - 4 ~ ~. . ~ ~ ~ ~ . l .. ~ ` ... r w ~ ~ t o _ s' y ~ 1$ ,:. !S < is `ti '- x~ { 1 ~a d~ t g Y Y ~ ) 3 _ t S ~ 3 974 ~O ' r' :. - - __ ..ei. tr '1x94 5T t ~ t - .~ ~~ M~~R ~ Uf ~ ~~~ Y l g ..._ 3 cs ~a3 ,. ~ MiuoR ~ J$ ,.~~. ~- " ~ ~ ~ ' '•:• N ~ : '•• v: ::: f.~ ~ R ° d :w:;y u. ,. ti1~.5}1 _. ._ ]y~ 6 ~ ~ ~ ~ ~ ~~~ t ~ ~ 8 ~ ns~ ~ ii ~ VJ ~ .. - ~ y x ... ~ ~ '~ - N lTSH PL ~ m .. Q ~~ h ~ - O ~ i ... . . .. ~.. DTSM PL - - - - - ~ ~ e ~ ~ ]x]0 .~a ~~ '. ~ ~ ~ ~~ ~ ~ . ~'K H173M r~ I W R 3 ~ = ~ ~ ~ SSw _ TN K n ~~ ~ . s - l~ Q b~l p 1 G i x j ]~ ~ ~ ~ ~ - ]613 ~ a ± St H S6TSt AVE - _ o Z N S6TN AYL' ~ - ~ W ~- J ~ N . ~ = - _ ~ - . R - Q I: PL W O s~ 3 a - . ~ 0 j ~ ~ ~ - ~ - H 93T11A4E '. f R' ~zoo Sxiss ~ ~z~n Izioi ~ ~ I unrx n~ - , ,_ - I ~ 4 $~ _ _ _ _ _ _ ... x _ _ ~~ a ~ :::..,,, o ~ 1~fi . N l~T(Av! . " + .~ ~. et y ~ -' ' .~ ~ Q n J1 ~ ` 1 Q ~ I (3J ~ ~ ~ ' w . .. I y s ~,~. ~/ ' 313 Ii ' E , ~_ 3 r I J ~~~ ~ V ~ ~ , 1, ~ . ~ I y ~ + ~ v \ d ~ M 53RD AVE Ie ~ ~- n v 1 `^ _ ~ _ \Kr_ _ City of Wheat Ridge City Council 7500 W. 29th Ave. Wheat Ridge, CO 80215-6713 August 14, 1997 Re: WS-97-2 Dear Council Members, This letter is to reduce to writing the anticipated hardships created if the referenced case number is ~ granted with aset-back variance for the existing residence at 12355 West 38th Avenue. As you know, Planning Commission recommended approval with the variance; it was only at that Planning Commission meeting that I was made aware that the existing house violated current set-back requirements by approximately six feet. The street aligurr-ent has not been changed since the previous developer, Mr. Mates, first proposed it about a year ago. At the meeting, I was both surprised and unable to fully evaluate the impact of changing current plans to include an'S-bend' in the proposed street. Since the planning Commission meeting, I have concluded that if the variance is not granted, the development will in fact be adversely impacted. The impacts are listed below. Aesthetically, the design work and renderings are based upon a symmetry derived from a straight, north-south lane lined with decorative apple trees, ending at the north-end with a cul-de-sac. This is what I proposed to the residents now living on the lane, and that is why they support the current alignment. The owners have provided written support of the same. The civil engineer, Lane Engineering Services, has estimated the cost of re-design of the street and re-submission of all necessary drawings to be about $5,000. Obviously, those costs will be borne by the developer, me. This re-design process will take about six weeks. Depending upon City Council work load and meeting schedule, approval maybe delayed 10-12 weeks. Needless to say, such a delay would preclude any construction activity this season; this would cause me significant hardship from atime-value of money standpoint. Further, interest rates are at a 17-month law; significant delays in construction may severely affect potential owners' ability to secure financing and thereby impact the development of the land. As you know, the development plan that I submitted is an upgrade from that proposed by the previous developer. The design is based on my desire to live in this unique part of the City on a lot larger than the minimum size. In the plat that I submitted, I gave up one lot to increase the size of the remaining lots; the five undeveloped sites now average 16,600 square feet. If an'S-bend' is required, the lot size will be reduced on at least two of the lots (Lots 3 and 4). I plan to build on one of the lots; the other will be less marketable. In addition, I have an agreement in- place to sell the existing home (Lot 6) at apre-determined price. If the variance is not granted, Lot 6 will increase in size; I have no means to recover the lost revenue from Lots 3 and 4 from the buyer of Lot 6. Lastly, I would like to mention that an S-curve in this street would have some effect on snow-removal, emergency-vehicle access and waste pickup. It would also increase the cost of installation of infrastructure: water, sewer, cable, power, gas, asphalt and curb and gutter. Because of the reasons listed, I hereby request that a 6 foot +/- variance to the 30 foot setback requirement be granted. I thank you in advance for your time and consideration. S4inc'erely, i W~~~ Wallace Rice Z Ms. Meredith Reckert Senior Planner City of Wheat Ridge 7500 W. 29th Ave. Wheat Ridge, CO 80215-6713 August 11,1997 Dear Meredith, I am writing in regard to Mr. Wallace Rice's proposed subdivision at 12355 West 38th Ave., Appletree Lane. As stated during the July Planning Commission Meeting, I intend to purchase the existing home shown as Parcel No. 6. I have reached a purchase agreement with Mr. Wallace Rice, who is my brother; I plan to purchase Parcel No. 6 soon after the subdivision is approved and the property can be conveyed. As you remember, there was considerable discussion about the issue of a variance to the 30 foot setback requirement. As future owner of the property, I can state without hesitation that I support granting a variance to the setback~ruleri this case. I do not believe that such a variance will affect future property the values of the development in general. Considering that the future street will be a cul-de-sac, I don't believe that there will be real traffic hazards as a result. Finally, I believe that the aesthetics of the development will be compromised if a variance is not granted and a six foot elbow is imposed on the future street alignment. Please feel free to contact me with any questions. You may reach me at 237-8260. Sincerely, Q ~~~- (l--( C.A: Ralph S. Rice August 10_, 1997 To the Wheat Ridqe City Council We are writting this letter in support of the plans that the subdivider, Wally Rice, has for the proposed subdivision on our street. Our one concern is because of the discussion at the planning board meeting in regaurds to making a curve or offset street because the home at 12355 sets 6 feet to close to what will be the new street. Planning commission recomended a straight street with a 6 foot variance for that one home. We agree with your planning department. We would like to see the street straight aII the way to the North end. Thank you for your Consideration in this matter. ~ . OwnerGZ s~of 3801 UG~Ct. ~ s August 12,1997 To Whom it May Concern We want to give our support in favor of the purposed subdivision at 38th, and Urban &t:$~z' We would also encourage City Council to follow the recommendation of your planning board to leave the street straight. There was talk about a 6 foot offset because the home to the north of us would be 6 feet to close to the street. 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D.VOy"*3"4p 0 f°,~ ~"R~ ~., ~~- 1u °ton3nn~t Inp,Dn dO Diu .'~~~.~ou 0~n~`J n'~no ~~°D~3+E s" nmi 0.f ~O u° n C • "<S c C ^~ ,^ V J U3 xOm~ U^~D, v""'E v~Ny] ' S - O ^ on° alDU V Cm pp36N^v•ny .D y. N 'rS03 n <V3 Ip n D], mo^y~ Dn on s~3„~G Q30 MC v3 1n vO Nay'. ~in00A mn A~%v°~E :I°' nG ,~ n^ ~ vO> 1. ... C} o ~ ~C C]Prt vSv R<1~ 3ryn C0~D ,^1'OA °iNFD Uy pp A.^nmV SV 4a0 _y~~ T+ U ~ "'7I .r-...^ a<o < .w`• n :a3n^u: .A u'u'Cu]Wp_. p E D # PI 20 D p aOS.. o ,. W S pp[[~~ yA.., a °4u C.. .a. .n Cm 3° CS"RVC~$ n0, 4u33S< s:v "~'!('',~~~ u' ~lT {', j.~..~j, v 3.[i'v n~C, 33,P-.OV nU"S~ OV ~^OO D'n ~~ tOn ^nCS~T :~ yv N '~0~?~O ju Cn v ~ 3~^ b°a+~q ~w S mw • J ~0 a ~ 1c b ~~'~ , ~ '~ WHEAT RIDGE CITY COUNCIL MINUTES:"August 25; 1997 Page -2- LOCAL LIQUOR LICBNSING~%1tJTF10RITY MATTERS Item 1. Transfer of Ownership from Patzcuaro, Inc., dba "Restaurante Patzcuaro", 7000 West 38th Avenue, Wheat Ridge, to Minillas, Inc., dba "Minillas Restaurant". Item 1 was introduced by Mrs. Worth; City Clerk, Wanda Sang, presented the staff report. Applicant, Juanita Bonilla, was swom in by the Mayor and answered questions. Motion by Mrs. Worth to approve the Transfer of Ownership from Patzcuaro, Inc., dba "Restaurante Patzcuaro", 7000 West 38th Avenue, Wheat Ridge, to Minillas, Inc., dba "Minillas Restaurant", for the following reasons: 1. All applications have been filed and fees have been paid. 2. Applicant is in possession of the premises because they purchased the building. 3. Applicants have been cleared by the police department; seconded by Mr. DiTullio; carried 8-0. PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 2. Public Hearing on Case No. WS-97-2 - an application by Wallace Rice for Albert Family Trust for approval of a six lot major subdivision on Residential- One zoned land located at 12355 West 38th Avenue, and proposed street width designation. Item 2 was introduced by Mrs. Dalbec; title read by the Clerk. Applicant, Wally Rice, was swom in by the Mayor and presented his application. Richard Romberg, engineer for the project, was swom in by the Mayor and answered questions. , Meredith Reckert was swom in by the Mayor and gave the staff report. ~s . Barry Schafer, 3801 Urban Street, was sworn in by the Mayor; he wants curb, gutter and ~,~,_ sidewalk on this street. _. Motion by Mrs._Dalbec that the request fora 6 foot front yard setback variance for property located at 12355 West 38th Avenue be approved for the following reasons: Circumstances are unique because this will allow for the logical extension of right-of-way from the south. There will be no negative impact on the general health, safety and welfare. The applicant has submitted letters of support from property owners most likely to be affected; seconded by Mr. DiTullio; carried 8-0. ~. ( ~" WfiEAT R2DGE CITY COUNCSL MINUTES:. August.25, 1997 Page -3- Motion by Mrs. Dalbec that Case No. WS-97-2, a request for approval of a 6-lot subdivision on R-i zoned property, located at 12355 West 38th Avenue, be approved for the following reasons: All the lots meet or exceed the R-i zoned district regulations. All of the requirements of the subdivision regulations have been met. With the following conditions: 1. Existing mature trees on the property be saved through consultation by the City Arborist. 2. An 8-foot wide walking path and landscaping be installed along 38th Avenue consistent with property development adjacent and to the east. 3. Staff recommends approval. 4. That the $75.00 per iot be given to the City; seconded by Mr. DiTullio; carried 8-0. Motion by Mrs. Dalbec for approval of Resolution 1621, which is the 34 feet street width designation; seconded by Mr. DiTullio; carried 8-0. ORDINANCES ON FIRST READING Item 3. A. Council Bill 40 - An Ordinance amending the Wheat Ridge Code of Laws, -- Chapter 26, Zoning Code, pertaining to parking and storage of truck-tractors and/or semitrailer upon property located within Commercial and Industrial Zone Districts. B. Council Bill 41 - An Ordinance amending the Wheat Ridge Code of Laws, Chapter 26, Zoning Code, pertaining to outside storage requirements in Commercial and Industrial Zone Districts. C. Council Bill 42 - An Ordinance amending the Wheat Ridge Code of Laws, Chapter 26, Zoning Code, pertaining to maximum lot coverage and minimum ,landscape requirements within the Light Industrial (I) Zone Districts. D. Council Bill 43 - An Ordinance amending the Zoning Code of the Code of Laws of the City of Wheat Ridge, regarding Special Uses. Mrs. Worth stated that she and Mrs. Dalbec had worked on these Council Bills with Mr. Gidley; most of the affected properties are in District IV. Since this is the first time they have had a chance to study these Council Bills, she moved to postpone this and tiring it to the __ September 15, 1997 Study Session; she would also like the new Planning Director to have a look at them and see what he thinks; this could come back after September 22, 1997; seconded by Mr. DiTullio; carried 8-0. RESOLUTION NO. 1621 - - Series of 1997 TITLE: A RESOLUTION ESTABLISHING AND DESIGNATING STREET WIDTHS FOR ALL PUBLIC STREETS WITHIN APPLETREE LANE SUBDIVISION. ii'FIEREAS, Wheat Ridge Charter Section 5.20, and Wheat Ridge Code of Laws Section 21-4 requires that City Council approve "street width designations" for proposed street construction; and, WHEREAS, Wallace Rice have received approval of Appletree Lane Subdivision, which subdivision plat has dedicated Urban Street, and, WHEREAS, it is necessary to designate street widths therefore prior construction. NOR' TIiEREP'ORE BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows: Urban Strcct shall he designed and constructed with a 34-foot flow-line width is hereby approved, and, DONE AND RESOLVED TH[S 25th day of August , 1997. ATTEST: WANDA SANG, CITY ~CS~~.~ DAN WILDE, MAYOR t ` AGENDA ITEM RECAP QUASI-JUDICIAL _ ~_ Yes No ,~ PU_ BLIC HEARINGS _ CITY ADM. MATTERS _ ELEC. OFFICIALS MATTERS PROC./CEREMONIES _CITY ATTY. MATTERS _ ORDINANCES FOR 1ST READING _ BIDS/MOTIONS _ LIQUOR I-IEARINGS _ ORDINANCES FOR 2ND READING_ INFORMATION ONLY _ PUBLIC COMMENT x RESOLUTIONS AGENDA ITEM TITLE: A Resolution establishing street width for streets within Apptetree Lane subdivision SUMMARY/RECOMMENDATION: RE: Urban Street-Staff recommends 34-foot flow-line. ATTACHMENTS: I )Resolution _ BUDGETED . ` t1 r1 ITEM u u Yes No Fund _ _ _ Dept/Acct # Budgeted Amount ~_ Requested Expend.S _ _ __ Requires Transfer/ Supp. Appropriation Yes No RECOMMENDED MOTIONS: "I move for adoption of Resolution No.~ RESOLUTION NO.~ Series of 1997 TI'T'LE: A RESOLUTION ESTABLISHING AND DESIGNATING STREET WIDTHS FOR ALL PUBLIC STREETS WITHIN APPLETREE LANE SUBDIVISION. WHEREAS, Wheat Ridge Charter Section 5.20, and Wheat Ridge Code of Laws Section 21-4 requires that City Council approve "street width designations" for proposed street construction; and, WHEREAS, Wallace Rice have received approval of Appletree Lane Subdivision, which subdivision plat has dedicated Urban Street, and, WHEREAS, it is necessary to designate street widths therefore prior construction. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows: Urban Street shall be designed and constructed with a 34-foot flow-line width is hereby approved, and, DONE AND RESOLVED THIS ATTEST: day of DAN WILDE, MAYOR 1997. WANDA SANG, CITY CLERK. i' NOTICE OF PUBLIC HEARIIVG Notice is hereby given That a Public Hearhtg is to be held before the City of Wheat Ridge CITY COUNCIL on August 25, 1997, at 7:00 p.m. at 7500 West 29th Avenue, Wheat Ridge, Colorado. Alt interested citizens aze invited to speak at the Public Hearing or submit wrinen conunenLs. The following petitions shall be heard: Section 5 20 Street Width Desienation~ For the purpose of considering a Street Width Designation for all public streets within a proposed subdivision at 12355 West 38th Avenue. The proposed Street Width Designation and specific plans for such street are available for public inspection during regular business hours at the office of the City Clerk, Wheat Ridge Municipal Building. The City Council shall have the sole authority and responsibility to determine the width of all City streets within the boundaries of the City of Wheat Ridge. Such authority and responsibility cannot be delegated to any other body or individual(s), the only exception being the election procedure specifically set forth in this Charter section. Street width shall be determined by the flowline of the street. Flowline is defined as the measurement from the inside edge of one curb to the inside edge of the opposite curb. Where no curb is planned to be constructed, flowline shall be defined as the measurement from the outride edge of one side of the driving surface of the street, to the outside edge of the opposite side of the driving surface of the street. Within one (i) year prior to construction or reconstruction of a street, the City Council shall hold a public hearing to determine the flowline of such street. Following the public hearing, the ... .~ Couricil shall adopt such flowline as the street's official Street Width Designation. In the event of a protest against such proposed Street Width Designation signed by the owners of. (1) Twenty (20) percent of the property immediately adjacent or contiguous to either side of such street; or, (2) Ten (10) percent of the property lying within three hundred (300) feet of either side of such street, such proposed Street Width Designation shall not become effective except by the favorable~vote of three-fourths (3/4) of the entire City Council. Property does not need to be, entirely contained within the three hundred (300) foot area to be used in the computation of the ten (10) percent necessary to f le a protest. Only the portion of the property that actually lies within the three hundred (300) foot area is used to compute the ten (10) percent required to file a protest. Where Notice of Public Hearing Page 2 the City of Wheat Ridge owns property or has right-of--way within three hundred (306) feet of either side of the street, then such city-owned land or right-of--way shall be excluded from the computation of the required percentage of properties needed to file a protest to the proposed Street Width Designation. Owners of non-city land shall be considered immediately adjacent or contiguous to the street, or within three hundred (300) feet of either side of such street, despite such intervening city-owned land or right-of--way. The written protest to such proposed Street Width Designation shall be submitted to the City Council no later than the conclusion of the public hearing on the proposed Street Width Designation. At least £fteen (1 S) days' notice of the time and place of the hearing shall be published in the newspaper used by the City to publish legal notices, and notice of such public heazing shall be mailed by certified letter to al( property owners within three hundred (300) feet of both sides of such street. Said notice shall contain: (1) A description of the proposed.Street Width Designation, and a statement that the specific plans for the proposed Street Width Designation aze available for inspection at the Wheat Ridge Municipal Building; and, (2) An explanation of the right of the property owners to protest such proposed Street Width Designation, and how to exercise such right; and, (3) The full and complete text of this Charter section. All publication and notification requirements set forth in this Charter section-shall be performed by the City Clerk. ' If at any time within forty five (45) days after a favorable vote by City Council of such proposed, Street Width Designation, a petition signed by at least five (5) percent of the registered electors of the City Council district(s) immediately adjacent or contiguous to such street be presented to the Council against the going into effect of such proposed Street Width Designation; the same shall thereupon be immediately suspended and the Council shall publish notice of and call an election upon the proposed Street Width Designation. Said election shall be held not less than thirty (30) days nor more than one hundred eighty (180) days after publication of the notice thereof. Only registered electors in the City Council district(s) immediately adjacent or contiguous to such street shall be eligible to vote on the proposed Street Width Designation. If a majority of the registered electors in the City Council district(s) immediately adjacent or contiguous to such street voting thereon vote for such proposed Street Width Designation, the proposed Street Width Designation shall be deemed approved. For purposes of ballot tabulation, the total votes Notice of Public Hearing Page 3 of all electors who cast ballots from one or more City Council district(s) shall be counted together. If any provision of this Charter section or the application in any particular case, is held invalid, the remainder of this Charter section and its application in all other cases shalt remain unimpaired. Anything in the Charter or ordinances of the City of Wheat Ridge in conflict or inconsistent with the provisions of this Charter section is hereby declared to be inapplicable to the matters and things covered and provided for by this Charter section. This Charter section shall take effect immediately upon passage. Mar yn u n, Recordin Secretary ATTEST: GL.- Wanda Sang, City Jerk To be Published: August 8, 1997 Wheat Ridge Transcript ENGINEER DIVISION 7500 W. 29TH AVENUE WHEAT RIDGE, CO 80215 __ _ -. __ LOCATION FEATURE - DESIGNED BY DATE~_ 5D ~L.D.VJ.~ - ~ I, ~' .H . ------ 3 -~--~----~ ---- ~ ,I i, , __i_ ~ ~% I - -- J --._5`~LT -.5~1-T1~.. _ - The City of 7500 WEST-29TH AVENUE ~Wh e at WHEAT RIDGE, CO 80215-6713 (303) 234-5900 City Admin. Fax # 234-5924 Police Dept. Fax # 235-2949 ~ldge August 29, 1997 Mr. Richard Romberg, P.E. Lane Engineering Service, Inc. 9500 West 14th Avenue .. . Lakewood, Colorado 80215 Re:--Appletree Lane Subdivision West 38th Avenue & Urban Street - Approval of-Final Drainage Report, Street Construction..- __.. Drawings & Erosion Control Plan Dear Mr. Romberg, This letter is to inform you that the drainage letter and the erosion control plan for the above referenced project have been - reviewed and approved for construction. .Please be aware of the following items regarding-the construction of the project:. 1. The proposed drainage facilities shall be constructed and approved by the City of Wheat Ridge prior to issuance of_the Temporary Certificate of Occupancy. 2. Erosion control _f or the. project shall be placed_in conformance with the approved drainage/erosion control plan and shall be maintained as needed during the course of construction. 3. All drainage improvements-shall be constructed in conformance with the approved drainage report and plan. 4. It will be the responsibility of the contractor .f or the• project to repair-any damage to-the existing public improvements on West 38th Avenue as a result of related- construction traffic in the area. Also, the contractor will be responsible for maintaining West 38th Avenue on a regular- basis such that it is free of construction debris and..tracking- from construction traffic accessing the site. 5. Upon completion of the drainage-improvements the engineer Lane.Engineering Service,-Inc. shall provide to the City of _ Wheat Ridge a letter of certification stating that the various improvements as defined in the drainage report and plan have been accurately surveyed to confirm that their construction is in accordance with this document. The. certification letter shall be written and stamped by the engineer who prepared the drainage report, and shall be submitted for review and approval_by the City. ~, flECVCLED PFPER Mr. Richard Romberg, P.E. Lane .Eng. Page 2 If ou ave any questions, please contact me at 235-2868. Sanc ely, / I ~ J ~---- Gfeg ~nudson Development Review Engineer GWK cc: Bob Goebel, Public Works Director Jack Hurst, Interim Planning ~ Development Director Dave Kotecki, Sr._Project Engineer Steve Nguyen, Traffic Engineer John Eckert, Chief Building Inspector Meredith Reckert, Senior Planner John McGuire, City Surveyor File __ _ s The City of 7500 WEST 29TH AVENUE ~ WHEAT RIDGE, CO 80215-6713 (303) 234-5900 W h e at City Admin. Fax # 234-5924 Police Dept. Fax # 235-2949 ltl~ge September 19, 1997 Wallace Rice 4618 Fig Street Golden, Colorado 80403 Dear Wally: Please be advised that your request for approval of a six-lot subdivision with a setback variance and a street width designation pursuant to Case No. WS-97-2 for property located at 12355 West 38th Avenue was approved by City Council on August 25, 1997. Conditions of approval were as followed: 1. Existing mature trees on the property be saved through consultation by the City Arborist., 2. An eight-foot wide walking path and landscaping be installed along 38th Avenue consistent with property development adjacent to the east., 3. That $75.00 per lot be given to the City for parks fees in lieu of land dedication. Attached you will find a copy of minutes from that meeting. Prior to the submittal of a mylaz for recording, please provide two blueline copies of the plat for final review. The pazk fees should be paid for at the time of mylaz submittal. If you have any question, feel free to contact me at 235-2848. Sincerely, Meredith Reckert Senior Planner cc: lane Engineering WS-97-2 file ~~ RECYCLED PAPER .~ WI3EAT RIDGE CITY COUNCIL MINUTES:.°August 25; 1997 Page'-2- LOCAL L10UOR LICENSING~UTt•10RITY MATTERS Item 1. Transfer of Ownership from Patzcuaro, Inc., dba "Restaurante Patzcuaro", 7000 West 38th Avenue, Wheat Ridge, to Minillas, Inc., dba "Minillas Restaurant". Item 1 was introduced by Mrs. Worth; City Clerk, Wanda Sang, presented the staff report. Applicant, Juanita Bonilla, was sworn in by the Mayor and answered questions. Motion by Mrs. Worth to approve the Transfer of Ownership from Patzcuaro, Inc., dba "Restaurante Patzcuaro", 7000 West 38th Avenue, Wheat Ridge, to Minillas, Inc., dba "Minillas Restaurant", for the following reasons: 1. All applications have been filed and fees have been paid. 2. Applicant.is.in possession of the premises because they purchased the building. 3. Applicants have been cleared by the police department; seconded by Mr. DiTullio; carried S-0. PUBLIC HEARINGS AND ORDINANCES ON SECOND READING (tern 2. Public Hearing on Case No. WS-97-2_- an application by Wallace Rice for 1 Albert Family Trust for approval of a six lot major subdivision on Residential- ) One zoned land located at 12355 West 38th Avenue, and proposed street width designation. Item 2 was introduced by Mrs. Dalbec; title read by the Clerk. Applicant, Wafly Rice, was swam in by the Mayor and presented his application. Richard Romberg, engineer for the project, was sworn in by the Mayor and answered questions. Meredith. Reckert was sworn in by the Mayor and gave the staff report. . Barry Schafer, 3801 Urban Street, was sworn in by the Mayor, he wants curb, gutter and - ~ sidewalk on this street. ~ ~> . i \\~ .. _ _. .. .. .. .. v~ ... 1i s •..~ v .IJ ... v Motion by Mrs. Dalbec that the request fora 6 foot front yard setback variance for property located at 12355 West 38th Avenue be approved for the following reasons:• Circumstances are unique because this will allow for the logical extension of right-of-way from the south. There will be no negative impact on the general health, safety and welfare. The applicant has submitted letters of support from property owners most likely to be affected; seconded by Mr. DiTullio; carried 8-0. ~~ _ __ _ ~ 4. ( WHEAT RIDGE CITY COUNCIL MINUTES:_ August 25, 1997 •Page -3- Motion by Mrs. Daibec that Case No. WS-97-2, a request for approval of a 6-lot subdivision on R-1 zoned property, located at 12355 West 38th Avenue, be approved for the following reasons: All the lots meet or exceed the R-1 zoned district regulations. All of the requirements of the subdivision regulations have been met. With the following conditions: 1. Existing mature trees on the property be saved through consultation by the City Arborist. 2. An 8-foot wide walking path and landscaping be installed along 38th Avenue consistent with property development adjacent and to the east. 3. Staff recommends approval. 4. That the $75.00 per lot be given to the City; seconded by Mr. DiTullio; carried 8-0. Motion by Mrs. Daibec for approval of Resolution 1621, which is the 34 feef street width designation; seconded by Mr. DiTullio; carried 8-0. ORDINANCES ON FIRST READING Item 3. A. Council Bill 40 - An Ordinance amending the Wheat Ridge_Code of Laws, -- Chapter 26, Zoning Code, pertaining to parking and storage of truck-tractors and/or semitrailer upon property located within Commercial and Industrial Zone Districts. 6. Council Bill 41 - An Ordinance amending the Wheat Ridge Code of Laws, Chapter 26, Zoning Code, pertaining to outside storage requirements in Commercial and Industrial Zone Districts. C. Council Bifl 42 - An Ordinance amending the Wheat Ridge Code of Laws, Chapter 26, Zoning Code, pertaining to maximum lot coverage and minimum landscape requirements within the Light Industrial (I) Zone Districts. D. Council Bill 43 - An Ordinance amending the Zoning Code of the Code of Laws of the City of Wheat Ridge, regarding Special Uses. Mrs. Worth stated that she and Mrs. Daibec had worked on these Council Bills with Mr. Gidley; most of the affected properties are in District IV. Since this is the first time they have had a chance to study these Council Bills, she moved to postpone this and bring it to the __ September 15, 1997 Study Session; she would also like the new Planning Director to have a look at them and see what he thiriks; this could come back after September 22, 1997; seconded by Mr. DiTullio; carried 8-0. ' C ~ ~ I D " T~' H E A T _~ 'a m! St'HEAT R iDGE. COLORADO-R02t5 % S 0 0 ~~' E S,T 2 9TH A V E N_U E U FAX# (303) 235-1,857 IF .a ~c ~s j i i j t 1 L, L Front: /-`C4/~c~i~___---- __. 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Lebsack Broker Office 422-1915 12191 W. 64th Ave. #210 pager 851A991 Arvada, Colorado gA}{ 420-9662 80004 enr~ss~.; sum GS;M~;v~t y-- B~a~ PAGE SURD I U I S ON 74 - fl2 ~~~~pT ~ ~a 1 q ~3S q R69W OE THE STN P . M . PATE CITY ~ OF 'NEAT R1aG~, J~,FERSON COUNTY, CO ~~Y , cc~~o~,~~a SHEET I OE I i'xl' CONCRETE ~ PI j LLAR r vi ~ A-2 ZONING tl ~o t WALI_ACE RICE, BEING THE OWNER GF THE REAL PROPERTY GF 2,818 MAYOR'S CERTIFICATIGN: I ~ . 4 ' ° c~'~~ ACE N 89 36°42"E 306.35' _ _ _ ACRES OESCR I BED AS FOLLOWS : - 182.35'1, ELI 424.00' aE~ THIS IS TG CERTIFY THAT THE CITY GF WHEAT RIDGE. CGLORAGO BY DESCRIPTION: MOTION GF ITS CITY COUNCIL DID. ON THIS GAY OF , 1997, ADOPT AND APPROVE THE WITHIN PLAT. _ _ _ I ' ; TRH I ~ OF TRACT A, MINOR SUBDIV1510N NO. 74-02. CITY OF WHEAT RIDGE. COUNTY OF JEFFERSON, STATE OF COLORADO. ATTEST: i ~ , DRAINAGE ~ E~{ i S ~ ! NG EASEMENT ~ ~ HA1 HAVE LAID OUT. SUBDIVIDED AND PLATTED SAID LAND A5 PER THE EARN DRS DRAWING HEREON CONTAINED UNDER THE NAME AND STYLE OF APPLETREE CITY CLERK MAYOR LOT 4 ~ LAP i ~ ° o LANE SUBDIVISION. A SUBDIVISION GF A PART OF THE CITY OF WHEAT RIDGE. COLORADO, AND BY THESE PRESENTS DO DEpiCATE TO THE USE OF o ~ 14.963 SQ.ET. RfE ' ~ ~ THE THE CITY OF WHEAT RIDGE AND ALL MUNICIPALLY OWNED ANDfOR APPROVALS: `s ~ MUP ~I MUNICIPALLY FRANCHISED UTILITIES AND SERVICES THOSE PORTIONS OF m f V ' ~ SA ~ ~ ~ - R I t SAID REAL PROPERTY WHICH ARE SO DESIGNATED AS EASEMENTS AND _ RIGHTS-OF-WAY fOR THE CONSTRUCT#ON, INSTALLAT#ON. OPERATION, PUBLIC 5ER°JICE COMPANY ~1S WEST COMMUNICATIONS i LOT 5 EC I r ~ MA I 23.648 SOFT . 1 ' ~ MAINTENANCE. REPA#R AND REPLACEMENT FOR ALL SERVICES, INCLUDING OF COLORADO GRGUP, INC. / ~ ~ WI1 I WITHOUT LIMITING THE GENERALITY OF THE FOREGOING. TELEPHONE AND 'L~ E L E G ~ PIE ELECTRIC LINES, WORK, POLES ANp UNDERGROUND CABLES. GAS c~j , ~ CUl PIPELINES, WATER PIPELINES. SANITARY SEWER LINES. STREET LIGHTS, CITY OF WHEAT RIDGE CITY OF WHEAT RIDGE CULVERTS. HYDRANTS. DRAINAGE DITCHES AND DRAINS AND ALL PARKS AND RECREATION COMMISSION DIRECTGR OF PUBLIC WORKS ~ / ~ ~ ~ APf ~ APPURTENANCES THERETO, IT BEING EXPRESSLY UNDERSTOOD AND AGREED r~ ° t ~ l.___ BY THE UNDERSIGNED THAT ALL EXPENSES AND COSTS INVOLVED 1N N 89 54°12°E COD I ~ i c~ ~_----N 89°49 8" 7 '(NR LiP CONSTRUCTING AND INSTALLING SANITARY SEWER SYSTEM WORKS AND CITY OF WHEAT RIDGE - CITY OF WHEAT RIDGE - LINES, GAS SERVICE LINES, ELECTRICAL SERVICE WORKS AND L€NES. DIRECTOR OF PLANNING ANp CHAIRMAN OF PLANNING 2 E ~ r f--- 9 2 9 ) S T( STORM SEWERS AND DRAINS. STREET LIGHTING, GRADING AND DEVELOPMENT COMMISSION ~ i_ I~r.35 dNR)--~i-- ~ ~ I LAP LANDSCAPING. CURBS. GUTTERS, STREET PAVEMENT. SIDEWALKS ANp OTHER ~ SUC ' a SUCH UTILITIES AND SERVICES SHALL BE GUARANTEED AND PAID FOR BY a F _ -x,,24 ~ O' } ~ ~ ~ ~ THE ~ ~ WH I THE SUBDIVIDER OR ARRANGEMENTS MADE BY THE SUBDIVIDER THEREFORE WHICH ARE APPROVED BY THE CITY OF WHEAT RIDGE, AND SUCH SUMS SURVEYOR`S CERTlF1CATE i ~ / I I ~ SHE 0 SHALL NOT BE PAID BY THE CITY GF WHEAT RdDGE. COLORADO, AND THAT I ~ Imo- A EXISTING; ~ ~ N7 ANY ITEM SO CONSTRUCTED OR INSTALLED WHEN ACCEPTED BY THE CITY OF i. STEVEN D. LISTER. p0 HEREBY CERTIFY THAT TN,E SURVEY OF THE ~ HOUSE I ~ r wc~ WHE _ i ' ~r~ ~ I I.1J C' ~ ' ~ w I T E WHEAT RIDGE SHALL BECOME THE SOLE PROPERTY OF SAID CITY EXCEPT BOUNDARY OF THE APPLETREE LANE SUBDIVISION WAS MAC7E I;~NDER MY ITEMS OWNED BY MUNICIPALLY FRANCHISED UTILITIES AND/OR THE U,S. SUPERVISION, RESPONSIBILITY AND CHECKING ON DECEMBER 23, i996. ~ ~ WEB WEST COMMUNICATIONS COMPANY WHICH ITEMS. WHEN CONSTRUCTED OR AND TO THE BEST GF MY KNOWLEDGE. INFORMATION AND BELIEF, AND ?N ~ ~ C~ a I ~ ; ~ ~ !N~ INSTALLED. SHALL REMAIN THE PROPERTY OF THE OWNER AND SHALL NGT ACCORDANCE WITH ALL APPLICABLE COLORADO STATUTES. Ct~RRENT REVISED o,LOT & ~l ~ I LOT 3 ~a~ _a~ _ E3EC u~ ~ ~ , r~ r., ~ ,20.709 SQ.FT ~ ~ i 14.953 SO. FT. BECOME THE PROPERTY OF THE CITY. EDITION. AS AMENDED. v ~ ~ i a~ o OWP ~ . c~ I ~ u, j w OWNER: _ _ u~ ~ u~ ~ o l ~ REGISTERED LANp SURVEYOR - COLORApO NUMBER 16537 ~ ; , Sao z. ~a ~ _ ° ! ~ 5' UT t L C TY EASEMENT 9500 W. 14TH AVENUE UT:~IT, i - ~ I a ~ `~4AL ~ ~ ~ ~ { TYP I CAL l I w _ S 89 3b 42' W 3.:..333.75 ' - WALLACE RICE L~AKEWOGD. COLORADO 80215 ~v3 ~ 2,. ~ 4f~42- -~tAS4M~N ~ _ a ~ 461 _ ~ ~ ~ N 89 ~4 ~ 12' E E3AS E S rOR EEAR i NGS ~ NORTHEAST CORNER NORTHWEST I /4 Gf}L 4618 FIv STREET GOLDEN. CO 80403 s I ~ '`NORTHEAST I/4 SECTION 29 I ~3C (3031 234-7009 NOTIiE: - ~ ~ ~ ~ ~ SET 3 E 14 " ALLOY CAP ON ~ 5 R E E AR t I° r ,T~~ , 1~ ~ , ~ 137.35' i 5' UTILITY EASEMENT ~ o ACCOftpING TO COLORADO LAW, YOU MUST COMMENCE ANY LEGAL ACTION ~ r ; .,t SEC~3ON 2~ r - , ° p , - f T Y F i CAL l , c~ ~ i ~ ! ~ ~ ECT ~ ON 29 5 89 36 ~+2 tN ~ 62.35 25 25 ° ~ _ ~ ~ BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU ~ ~ ~ ~ - ~ _ ~ SOUTHEAST CORNER SECTION 20 FIRST DISCOVER SUCH DEFECT. IN NO EVENT. MAY ANY ACTION SASED UPGN ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS PG'P~~; EO? L.S. 13212 ~ ~ I~r cv o NORTHEAST CORNER SECTION 29 ,NOT NOTARY PUBLIC: FROM THE DATE OF THE CERTIFICATION SHOWN HEREON. ~ _ ~ 3 I/4' E3RASS CAP IN RANGE a i ~ j ~ ~ P01 NT EOX LS 132 12 COU ~,r~.± LOT 2 I'` ~ COUNTY OF JEFFERSON 1 " 14.954 S0. FT . " ~ ~ STA 1 SS: NOTES: STATE OF COLORADO 1 tf} ~ F. 5/8 INCH DIAMETER REBAR WITH CAP STAMPED "LANE ENG SRV 1NC m ' . ~ THE ~.n ~ I ! ~ ~r,~o OF THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS DAY 16837' SET AT PGfNT SHOWN THUS: ~ ° ~ z I ° ~r OF .I99_. BY WALLACE RICE A5 OWNER. 2. THIS SURVEY pOES NOT CONSTITUTE A TITLE SEARCH BY LANE fl ~ I ENGINEERING SERVICE INC. BUT DEPEPJDS ON INFORMATION SUPPLIED BY ~ a i - '~~~o ~ ~ W!T Z Ltl ; WITNESS MY HAND AND OFFfCiAL SEAL THE OWNERS FOR EASEMENTS AND RIGHTS OF WAY, i 1g ~ i! ~ r7; MY COMMISSION EXPIRES NOTARY PUBLIC 3. THE BASIS FOR BEARINGS SHOWN ON THE GRAPHIC PORTION OF T~fiS ~ ~ I CVF- PLAT 15 BASED ON THE .ASSUMPTION THAT THE NORTH LINE OF~ THE ~ ' L._. ~ ~ o i ~ to io ° ADDRESS NORTHEAST Il4 GF SECTION 29 BEARS 5.89 36'42'W. TO 08TAIN CITY OF o N I I ~ . 2 2 ' p, ~ ~a WHEAT RIDGE BEARINGS ROTATE ALL BEARINGS CGUNTER CLOCKWISE O°14'18°, SUBTRACTING FROM SOUTHWEST AND NORTHEAST BEARINGS ANC ,w I~ ~ Ip ADDNG TG NORTHWEST AND SOUTHEAST BEARINGS. ~ J y i!, I ~iZ SANITARY SEWER N ___._.I ~ ~ r~ EASEMENT I 4. THE STORMWATER DETENTION/RETENTION SHOWN HERFGN SHALL BE REC.#F04300i0 ~ CONSTRUCTED AND MAINTAINED BY THE OWNERS, HE?RS, SIJCCESSGRS. AND i ASSIGNS. IN THE EVENT THAT SAIp CONSTRUCTION AND MAINTENANCE #S I I~ ~ ~ ~ NGT PREFORMED BY SAID OWNER, THE CITY OF WHEAT R1DGE~ SHALL ;-SAVE ~ ~I; ~ ~ ~ THE RIGHT TO ENTER SUCH AREA AND PERFGRM THE NECESSARY WpRK, THE .'p~ ~ ~ ~ LOT i 3 ,t~ I ~ ` COST GF WHICH, SAID OWNER, HEIRS, SUCCESSORS. AND ASSIGNS AGREES TO PAY UPON BILLING. NO BUILDING OR STRUCTURE WILL BE CONSTRUCTED z ` I 14.956 SO . FT . ~ ~v j IN THE DETENTION/RETENTION AREAS AND NO CHANGES OR ALTERATIUN5 U . AFFECTING THE HYDRAULIC CHARACTERISTECS OF THE DETENTION` O ~ ~ RETENTION AREA WILL BE MADE WITHOUT THE APPROVAL. OF THE CITY SCALE I~°4v' In ~ ~ ENGINEER. IO~ UTi ET 2~x 2' CONCRETE L Y ~ 1 5. 10~ UTILITY EASEMENTS ARE HEREBY GRANTED ON PRIVATE PROPERTY ~ ~ ~ ' ~ EASEMENT - ~ P i LLAR ~,r- r _ ~ ~ ~ ADJACENT TG THE FRONT AND REAR LOT LINES OF EACH LOT !N THE ~ ~ SUB-DIVISIGN OR PLATTEp AREA. THESE EASEMENTS ARE DED'CATED FOR THE INSTALLATION. MAINTENANCE, ANp REPLACEMENT OF ELECTRIC, CAS. 0 2U 40 tw > ~ ~AB~ 276r-- ~i TELEVISION CABLE. AND TELECOMMUNICATIONS FACILITIES. UTILITIES w OO`W , 3-~'W - ~ SHALL ALSO BE PERMITTED WITHIN ANY ACCESS EASEMENTS IN THE E S ~ 5 SUBDIVISION. PERMANENT STRUCTURES AND WATER METERS SHALL N~)T BE PERMITTED WITHIN SAID UTILITY EASEMENTS. f ~ Y / ~ 23~_ ,--1~ ~ ~i cv . " E. ~ 6 "VEHICULAR ACCESS FROM WEST 38TH AVENUE TO LGT I iS PRGHiB!TEU. _ ~ 7 ~ - ~ ~ THE 74NING OF THE SUBJECT PROPERTY IS R-I, racr~tr ~ ~ 1 E ~ 8. THE SUBJECT PROPERTY LIES IN FLOGD HA7ARp ?QN`E C. r-_- " ~ r~ ~ ~u~~_~~sr~a~n t / EXISTING MATURE TREES ON THE PROPERTY SHALL 8E SAVED THRO~JCH ~--'~,~;,a,~~ s, ~ CONSJLTAT, ON BY THE C! TY ARBOR i ST. s'~s+,~aws ~t ,fit sup ~I / y ~ * ,4 CURVE DELTA ANGLE RA.C~IUS ARC TANGENT CHOR7 CHORD FEARING ,~C C i 90°00'04" 45.00' 70 69' 45.Gb' 63 ~i4' N 44°54'la"F ~ s 4 t C 2 84614'04° 45.00' 66.16' 40.69` 60.36' S 4705842"E THIS DOCUMENT ACCEPTED FOR F 1 L 1 NG N THE OFF CE OF THE COUNTY C 3 76024'25' 45.00' 59.96' 35.37 55.62` S 32618'3!°W U 4 70023' 19- 5.00' 18.43' 10.58' 17.29' S 35°05'50°W iu# C 5 103°13'13° 15.00' 27.02 18.93' 23.51 S 51°42'24"E ECI 53°13'32" 45.00' 41.80 22,55' 40.32 N ° 2 63473CE ~ _ W_, i f tk. I ~ UI NE BEARING DISTANCE ~ a 1 N 00606'33"W 3.67' c ELI S 00605'47-E 91.03' v E L 2 S 17026'13-E 102,z4' PREPARED BY: LANE ENGINEERING SERVICE. INC. 311 w a x 9500 WEST 14TH AVENUE. LAKEWOOD, CO 80215 EL3 S 53619'17"E 18.52' TEL: (303) 233-4042 FAX: (303) 233-0796 ~a S~ tea ~u ~ ~ fx 4°~~ ~ A RECEPT I ON N0. ~ ; ~t ~~s~o~ PLAT N0. r• A RESUBDIVION OF TRAuT B MINOR SUBDIVISIC DIVISION 74-02 MAP N0. BEING A PORTION OF THE NE I/4 OF SECTION 29 T3S R69W R 69W OF THE 6TH P. M. ,~~aa'a WHEAT RIDGE COLORADO /~l APPROVALS G'EDt GAT l ON CONCRETE POST N'e, Robert N. Poole and Robert N. Poole II, being ouJners of the r~°_crl properfy described crs follows : Beginning cat the novth _ ~ t e:~sfi corker of the NW fi4 of the N~ ~~4 of Section ~9, T35, R~9W DIRECTOR O BLIC ORKS DIRECT R OF COMM ~ V ~OPMENT of the nth P.M. , thence S~~z9 E along the eosf lrne of the ~ ~ J~'W % of fhe NE of said Section ~9 a cl~Stahce of 2I5.~0 feed to fhe center of West 38th Avenue (formerly known cis h'rospect Avenue) ; thence 5 710441 ~ W c~ lon g the een to r of West 38th CIT . r u CHAT RM ` OF PAf~tS A D R RAT N EC E ION COMMI S r i s P NN! r l l N C RT l F. LA VG C4MM S D E 1'h,s rs to cer7'if thGt this y_ P plGn ~h Comrn,ssron of the 9 589 3~ 7 W 30(0.35 y i Y T A DRS CERT/ FI CA E 1~ 1 this is to certif thGt the C I vnvt,~on of rfis it Counc ~ 1 ~ y ~~.~P~. x982 ado t u. n~ P ~ t' d1GGtlUY1 heYeO h he e s n uJ u I a ATTEST F- d Q CITY CLERK 0 t i o CLERK AND RECOR©ERS CERTI f 3 N ~ ere i h t t I h b CeYt f t G I'1 5 y, y 0 0 MIN R .SUBDIVISION N0. 74-02 _+~~3~_ o clock vn. on th~ 0 0 ° 0 ar~cJ is clvl Ye corded in Ply. i y Z z f=ees aic~ _~`/bop__. I p t SOUTH 1. I N E S E 14 0 - SECTION 20 n.l ~ - G. m 0 wt~ 4~ CLERK AND RECORDER ` ~ TRUE P01 NT N 89 3h.7 E ~ ~ _ _ _ , ~ OF BEc,I N~ ► n~c, '"URV Y R RTI FI T o EOS CE CAE a ,NE CURNER NW 4_ , _N 89 3~,.7 E l~oz.35 _ S SECTION c'.9~T3S,Rco9W E ett as7 r . ??i i 3?. 35' z5' I, vn m L. L e, a e g r s t ~ I p Colorado clo heYeb ceYtrf ~ ° y y lJi ~ SUDPIVlSlON c,s rrr e ~ p _ w ad ur~cJ I ~ ~ z W ~ uccor>~~un rng mGP Gccura wELL y _ z 9 subdi v,~sron. I fusrther cep 0 ~ ~ - UNPLATTED Q res ects with Colorado Rey O SHED ,9 - P W 0 9 4 0 Q t 9 7 TH Z o ~ . ~ E- - _ - 2 r 5, necf this clc, of _ 0 LOT 2 ~ 9 N 9 y 7 UNPLATTED ~ ~ ~ ~ ~W ~ ~ _~;W WN ~ U1 lY ~ z J NH N -Z rr W ~ ~ W N 0 I- _ ~ ~ rn ~I uJ N 8'~ 3 b.7 ~ E ~ ° W ~ 0~ 'v ~ G3?.35 ~i i~ ~ 0 0 WELL 0 Z 0 A = 7~ 45 OUSE Q ° R . 15' Z 0 ~g m Jl T ~ I1.~~8 g~ Ir _ PO d' L - zo.lo ETE R ~ ~y~R AWE N CD ~ S ~ H USE N t~E' ~~PR lo.~~' Z Q R ~ S1~N 2~ W P ~ NCB o ~.0 i~ tt- I ~ ~ ~ ~ I 1 T I ~ s a LO ~ N4 TES: W ~P~~ 250 ~ ~ 1. The bec~r~nc~s shn~vh here~~, ~ ~ ~t~~- , ~ - ~f S U 29.0 ~ on the east l,ne o T ile . 2~.2 p ,here cr ~e y~ o c, t o t W h e u t t y ~ ~ lain5 locc~fed Wrlh,n thrs U E ~ E ~ - ~ Av 3. 5/g-rnch re,nforci~ bur w / 7~ ~ g .a .r ~ 5 T M shown thus a ---'r~ 4 t~n~ street free per lot .sha( i 'r5 ~ S ~xistin fire h drams care to ,NE ~ g y 5 ~ ~ t h ~ C~~ I n ron C(JUY t /West 37 - Pl ac Nlvr ht Str e We t 3 ~ A e t/ s 8 ~ 9 At such a time crs a residerrtia UNPLATTED MINOR UBD. . 74 on Lot ~ that res,dential us N 0 02 , i TRACT A dw~llin Wr Il Cease . KULLERSTRpND ~ UYb4r~ ~t ShL/ ~ be deC~1CUtC'd b y Es us a ri vate road wcr b the ow TRA T B P y y + or to the north are subd r v rded ~ h G N constructed ursvant to the de! p P ~ I i ao R A~ = 1N N 38 a S- w 50 0 50 i00 :150 ~n(1 3 W.,,., O W ` Z w fPL t J U 3 z o W - SCALE: C= 50' w (9 U 4 0 -UF _ 4 0: 2 > a Q``3 w _ J W U) Q CASE HISTORY U- t2 W V Fl TS 0 Er N MS-74-02: LOCKKART U MINOR SUBDIVISION M N m d { 35 T PREPARED BY LANE ENGINEERING SERVICE k. 9500 WEST 14 TH AVE. LAKEWOOD, 'COLORADO, VICINITY MAP SCALE: I"= 500 PHONE: 233.4042 r pp ~j I C~~~~ t` ~V~ ' SIJBD I U I ~ I ~~J ~4-~2 RE~~~T►o~ ~o, ~ v ~ S , R 69W ~F TN~° NTH P , M , Q~~E C,TY OF WHEAT RlDvE, JEFFERSON COUNTY, COl QTY, COLORADO SHEET I OF I I'xl' CONCRETE C ~ ~ PILLAR q ~ ~ ~ e ~ ~ ~ ~.r~ I D~ _ ~ •I A: 2 Z4N 1 NG ~ i ! 4V 18,4' ° ~ ACR WALLACE RICE, BEING THE QWNER OF THE REAL PROPERTY OF 2.818 MAYOR"S CERTIFICATION: ACRES DESCRIBED AS FOLLOWS : N 89 36 42`E 346.35' THIS IS TO CERTIFY THAT THE CITY OF WHEAT RIDGE. COLORADO BY 1e2.35' i EL! - 124.a4' _ _ DES DESCRIPTION: MOTION OF ITS CITY COUNCIL DID, ON THIS DAY OF 2 • ~ ~ TRA 1997. ADOPT AND APPROVE THE WITHIN PLAT, ' TRACT A, MINOR SUBDIVISION NO. 7402. CITY OF WHEAT RIDGE. COUNTY w 4F OF JEFFERSON, STATE OF COLORADO. ATTEST: ' DRAINAGE ~ ~ ' EXISTING ~ z ; HAV i BARN EASEMENT HAVE LAID OUT. SUBDIVIDED AND PLATTED SAID LAND AS PER THE DRA 'ti f ~ i ! ~ o LOT 4 ~ LAN DRAWING HEREON CONTAINED UNDER THE NAME AND STYLE 4F APPLETREE CITY CLERK MAYOR LANE SUBDIVISION, A SUBDIVISION OF APART OF THE CITY flF WHEAT ~ 14.963 SOFT. RIDGE, COLORADO. AND BY THESE PRESENTS DO DEDICATE TO THE USE OF TH 1 ~ E THE CITY OF WHEAT RIDGE AND ALL MUNICIPALLY OWNED ANDfOR APPROVALS: ~ ~ ' MUN _ SAI MUNICIPALLY FRANCHISED UTILITIES AND SERVICES THOSE PORTIONS OF SAID REAL PROPERTY WHICH ARE SO DESIGNATED AS EASEMENTS AND _ ~ ~ ~ r`' LOT 5 ~ i - RIG _ ~ EC ~ RIGHTS-OF-.WAY FOR THE CONSTRUCTION. INSTALLATION,OPERATION. PUBLiG SERVICE COMPANY US WESTCOMMCJNICATFONS 23.648 S4.FT. / MAI MAINTENANCE. REPAIR AND REPLACEMENT FOR ALL. SERVICES,. INCLUDING OF COLORADO GROUP, INC. ~ W I ~ T I WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TELEPHONE AND ti~ ELE ~ \ ~ PIP ELECTRIC LINES, WORK. POLES AND UNDERGROUND CABLES, GAS PIPELINES. WATER PIPELINES, SANITARY SEWER LINES, STREET LIGHTS. CITY OF WHEAT RIDGE CITY OF WHEAT RIDGE t~ ~ / ~ ~ ~ CUL CULVERTS. HYDRANTS, DRAINAGE DITCHES AND DRAINS AND ALL PARKS AND RECREATION COMMISSION DIRECTOR OF PUBLIC WORKS - APP z / ~ I APPURTENANCES THERETO, IT .BEING EXPRESSLY UNDERSTOOD AND AGREED ' BY o BY THE UNDERSIGNED THAT ALL EXPENSES AND COSTS INVOLVED IN CONSTRUCTING AND INSTALLING SANITARY SEWER SYSTEM WORKS AND CITY OF WHEAT RIDGE - CITY OF WHEAT RIDGE N 89 54'12°E CON ~ _ ~ L I N N N 89°49'28aE ~ r--79.29' {NR} LINES, GAS SERVICE LINES, ELECTRICAL SERVICE WORKS AND LINES, DIRECTOR OF PLANNING AND CHAIRMAN OF PLANNING ~ , STO STORM SEWERS AND D~tAiNS, STREET LIGHTING, GRADING AND DEVELOPMENT COMMISSION - 137.35'(NR} - o,_~ ~ LAN LANDSCAPING, CURBS, GUTTERS. STREET PAVEMENT. SIDEWALKS AND OTHER SUCH UTILITIES AND SERVICES SHALL BE GUARANTEED AND PAID FOR BY cn SUC r. ~ _ - _ 4 0' THE THE SUBDIVIDER OR ARRANGEMENTS MADE BY THE SUBDIVIDER THEREFORE ~r ~ ~ ~ ~ ~ WHI ~ ~ ~ f _ ~ - z WHICH ARE APPROVED BY THE CITY OF WHEAT RIDGE, AND SUCH SUMS SURVEYOR'S CERTIFICATE: I ~ o SHA SHALL NOT BE PAID BY THE CITY OF WHEAT R#DGE. COLORADO, AND THAT ° EX f ST i NG 1 0 _ ~ - ANY W ~ ! ~ HOUSE , WWE ANY ITEM SO CONSTRUCTED OR INSTALLED WHEN ACCEPTED BY THE CITY OF I, STEVEN D, L}STER. 66 HEREBY CERTIFY THAT THE SURVEY OF THE WHEAT RIDGE SHALL BECOME THE SOLE PROPERTY OF SAID CITY EXCEPT BOUNDARY OF THE APPLETREE LANE SUBDIVISION WAS MADE UNDER MY ITEMS OWNED BY MUNICIPALLY FRANCHISED UTILITIES ANDfOR THE U.S. SUPERVISION. RESPONSIBILITY AND CHECKING ON DECEMBER 23, 1995. ~ ~ ~ i ~ ~ ~ ~ ~ WE S . i o ~ ~ j ~ ~ ~ ~r WEST COMMUNICATIONS COMPANY WHICH ITEMS. WHEN CONSTRUCTED OR AND TO THE BEST OF MY KNOWLEDGE. INFORMATION AND BELIEF. A,ND IN ~'~i ~ w I ,;o~ INS o I ~.OT 6 ~ ~ I LOT 3 ca ~ BECK INSTALLED, SHALL REMAIN THE PROPERTY OF THE OWNER AND SHALL NOT ACCORDANCE WITH ALL APPLICABLE COLORADO STATUTES, CURRENT REVISED BECOME THE PROPERTY OF THE CITY. EDITION. AS AMENDED, 20.749 SQ.FT. ~ c 14.953 S4.FT. ~ _ _ ~ 1 a v ~ ~ ~ + v' o d QWNI OWNER. ~ 40 0~ ° - o ~ o o~~~" REGISTERED LAND SURVEYOR 7- ° COLORADO NUMBER 15837 I Qw i - _ ( ° ~ 5 ' UT I L ! TY EASEMENT z w u~ 9500 W. 14TH AVENUE I i0 UTILITY _ ~ 3 w ~ , ~ _ ° WALI ; ~ z~ . ~ { TYP 1 CAL } w S 89 36 42 W 1333.75 -~-EASEMENT ! ~ i _ 4~ i r WALLACE RICE LAKEWOOD. COLORADO 80215 303-233-4042 4618 FIG STREET ' ~ ° ~ . G4L1 ' N 89 54'!2" ~ BAaIS FOR BEARINGS NORTHEAST CORNER NORTHWEST I/4 GOLDEN. CO 80403 ~ ~ NORTHEAST I /4 SECT i 4N 29 I { 3Q~ ~ 1 ~ . c 4 r. , i3O3) 2.34-7009 NOTICE° _ StT 3 f/ ALA C ON 5 RE R ~ a f 137.35' ~ 5' UTILITY EASEMENT o SOUTH I/~+ CORNER SECTION 24 ~ ACCORO7ENG TO COLORADO I,AW, YOU MUST COMMENCE ANY LEGAL ACTION I g S 89°36'42'W f62.35~ ~ . o ~ ~ ~ fTYPfCAL) o t~ NORTH k14 CORNER SECT ON 2 25 25 ( i ~ ~ BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT, IN NO EVENT, MAY ANY ACTION BASED 3 if4" BRASS CAP IN RANGE ~ i 50UTHEAST C4RNE~ SECTION 20 I ~ ~r ~ z ~ UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS P41NT BOX L.S. 132 2 ~ ~ o ~ NORTHEAST C4RNE~ SECTION 29 NOTE NOTARY PUBLIC: FROM THE DATE OF THE CERTIFICATION SHOWN HEREON. ~ ~ - 3 I/4' BRASS CAP IN RANG z i ~ E ~a - P41NT 64X LS 13212 COUP COUNTY OF JEFFERSON ) ! u, r~. LOT 2 " ~ SS: NOTES: _ ~v 14.954 S4.FT, ~ ~ ~ STA~ STATE OF COLORADO ) ~ ~ ~ ~F- i. 5l8 INCH DIAMETER REBAR WITH CAP STAMPED "LANE ENG SRV INC THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS DAY 16837" SET AT POINT SHOWN TNUS:• m j ~ THE OF ,199.,_ BY WALLACE RICE AS OWNER. iU7 ° I ~iZ 2. THIS SURVEY DOES NOT CONSTITUTE A TITLE SEARCH BY LANE 1 ~ ~ ENGINEERING SERVICE INC, BUT DEPENDS ON INFORMATION SUPPLIED BY a ~ WITP ;z Z MY f ~ WITNESS MY HAND AND OFFICIAL SEAL _ THE OWNERS FGR EASEMENTS AND RIGHTS OF WAY. MY COMMISSION EXPIRES NOTARY PUBLIC 3, THE BASIS FOR BEARINGS SHOWN ON THE GRAPHIC PORTION OF THIS i~ ~ c~ ~ ~ ~ . w N PLAT IS BASED ON THE ASSUMPTION THAT THE NORTH LINE OF THE a _ o , 3 ADDRESS NORTHEAST If4 OF SECTION 29 BEARS 5.89 35'42"W. TO OBTAIN CITY OF WHEAT RIDGE BEARINGS ROTATE ALL BEARINGS COUNTER CLOCKWISE ~ ~o ~ 1k9.22' o:~ z n.. ~ o ~ O°14"18", SUBTRACTING FROM SOUTHWEST AND NORTHEAST BEARINGS AND i ' o ADDING TO NORTHWEST AND SOUTHEAST BEARINGS, ~ to ~ ~,z ' 0 1 SANITARY SEWER ~ ~ T w ~ r. EASEMEN ; ~ 4. THE STORMWATER DETENTIONIRETENTION SHOWN HEREON SHALL BE CONSTRUCTED AND MAINTAINED BY THE OWNERS. HEIRS. SUCCESSORS. AND _ Q i~ REC.# ~ ~ ASSIGNS. !N THE EVENT THAT SAID CONSTRUCTION AND MAINTENANCE !S I: . , NOT PREFORMED BY SAID OWNER, THE CITY OF WHEAT RIDGE SHALL HAVE ~ m p ~ v~ o - ~ ~ THE RIGHT TO ENTER SUCH AREA AND PERFORM THE NECESSARY WORK, THE COST of WHICH. SAID OWNER. HEIRS. SUCCESSORS, AND AS5IGNS AGREES a LOT I w w z - 14,956 SOFT. ' TO PAY UPON BILLING. NO BUILDING OR STRUCTURE WILL BE CONSTRUCTED ~ I {1 - IN THE DETENTION/RETENTION AREAS AND NOCHANGES OR ALTERATIONS AFFECTING THE HYDRAULIC CHARACTERISTICS OF THE DETENTION/ i I ~ ~ ~ ' w RETENTION AREA WILL BE MADE WITHOUT THE APPROVAL OF THE CITY ENGINEER. SCALE I'-44' ~ 14' UTILITY 2'x 2' CONCRETE ' EASEMENT PILLAR r ` 5. IO' UTILITY EASEMENTS ARE HEREBY GRANTED ON PRIVATE PROPERTY ADJACENT TO THE FRONT AND REAR LOT LINES OF EACH LOT IN THE SUB-DIVISION OR PLATTED AREA. THESE EASEMENTS ARE DEDICATED FOR ~ o 3.60 ~ } . . `5 , THE INSTALLATION, MAINTENANCE, AND REPLACEMENT OF ELECTRIC. GAS. f~ ~ ~ ~ I 2 ~ TELEVISION CABLE. AND TELECOMMUNICATIONS FACILITIES. UTILITIES SHALL ALSO BE PERMITTED WITHIN ANY ACCESS EASEMENTS IN THE ~ 6°Ati o~ 76°41 ~ , 7 ~ i , - SUBDIVISION, PERMANENT STRUCTURES AND WATER METERS SHALL NOT BE PERMITTED WITHIN SAID UTILITY EASEMENTS. . ,r.-- 23 ago . ' 00 i' ~6°~~ 6. VEHICULAR ACCESS FROM WEST 3$TH AVENUE TO LOT I IS PROHIBITED. - ~ ~ 7. THE ZON { NG OF THE SUBJECT PROPERTY I S R-1 . q' ~ t~ " r 8. THE SUBJECT PROPERTY LIES IN FLOOD HAZARD ZONE C, CgEEN kt r"" cae~►~ r~u€.r_~~s~r~atra ~ ' 5#ERDt?~S ° ¢ _ eu.nnws ~.5. rr 4 V t CURVE DELTA ANGLE RADIUS ARG TAN ~t GET CHORD CHORD BEARING J C i 94°44'44" 45.4 7 ° r O 4.69 45.44 63.64 N 44 54 i4"E C 2 84°14'44' 45.40' 66.16' 44 ~ - .69 60.36 S 47 58 42 E _ rc~fl C 3 76°20'25" 45.00` 59.96' 35.37' 55.62` S 32°18'31-W z~ C 4 70023* 19- i i~~ 5.0018,43 10.58 17.29 S 35°Q5"SQ-W _ C 5 103°13'13" 15.00' 27,02' 18.93' 23,51' S 51042'24'E ECI 53°13'32' 45.00' 41,80' 22.55' 40,32 N 63°17'31"E wi 1~ ro,U-~ 4Z k`„I a A ANDFRECORDER COUNTY CLERK DEPUTY CLERK u W o LINE BEARING DISTANCE _ L I N 00°06:33"W 3,67' v a ELI S 00°OS 47`E 91.03' TM 33 F PREPARED BY: LANE ENGINEERING SERVICE. INC. EL2 S 17°26"13'E 102.24' Air EL3 9500 WEST 14TH AVENUE. LAKEWOOD. CO 80215 S 53019'17-E 18.52 TEL: (303) 233-4042 FAX. (303) 233-4796 L ~ V ~ ~ Rnn~c wdr~ CITY OF WHEAT RIDGE, JEFFERSON COUNTY, COl sHEET I OF I I' ~ I' CONCRETE I LLAR ~ , a. - L ZON r., Iw ~ S9°36 42'E 346.35 ACF =5~.~5 ~~4.4~4 DES , ~ _ ~ _ TRH _ OF d r,^~ ~ ' z HA4 Ek~° NC. 3T ~s ~+Ak.'4 ' ~ . t~~a ~ DRS ~ ~ LAP _ ° c , ~ R I G y, 4 9~ v ~ ~ T c~ - THIti MP r. R I I MA I WI't El~~ ~'r PtF ~Y' APP Y B _1 e ~ ~ LkP Y y5,~ 4 ~ ~t ~l ~ . ~ { y..,.._- 1 €3 . L':9 f 3 y R i STS v , E t;) ~x~t ~ r~i~~ TH ' 1 S HA I' ti yy s ~ ~ ~ ~ ANY C X. ~ W~ i N'ti ~ E ~ v~~_ WHO ~4%'~rsr ~ r I ~;ii1C1 I ' °C` ~ i 1 I I E ~ t..,f...J S, li C' I wE ;..~c ~ ~.a~ INS . . ~ , `i ` ! I 3h ~ q~'i ' Cif; . U7 ['i ;^~l..,.. «'f OWN i i ~ ~ ~ C:3 i, i~ i°- ~ ~ ..ti ~ , rTr{~.r~ALI t-T ' ~ ~ ~ w _ 5 ~~_,t, 4~~~` 1333 ;~.i ,~L.._.._.., 466 . r. { ~ ~ F ~ i i . ! r,.. ~ ~ GOL l~ Ei'_~~ ~ " ~ l L - --i ,r, ' RA`s S , ~~~t ~LAR I NCS , ~ ~ NfaR r~~:AS l C`4RN~~ ~4URTHWEST I t~ n.~...~,_._,.~...~~.,.,, . i ~ Ni)~tTN1-~A5T i l4 S~%T I ON ~9 P30 _ ~ r~, ~ SET 3 114' A~_L~)1 CAP ON ~5 REBAR ~ , 5' ~TI~ TY EASFMEN~ ~ ~4~~~~~ :tom ,r~ ~ T S 89"36 42`~ 6~ "5 5. (TYP;~,~,i } ~ ,i %G' Rk'a~ "far ~AN~~~ +r~ v.~ ~ ~ 54lJfiHEA,~T CORP~~.R SEC~I4N 20 : 4v ~ S ,~z ~ ~ ; c NORTHEAST C4RI~ER SECT 14N 29 s i l4" BRASS t~AP I N RANGE ~ ~ ~ COU ~ - P4(N, 64X LS ~i;3~i~2 ~ 7 I, r` `ci - ~ 14.954 54 FT. ~ ~ i`~ STA ~ ti! 'c~ ~i~ THE ~ ~ , ~n~o OF t~ _ ~ ~ !C!3 a ~ ~ ° , ~ WIT ~C~ ~ cvEr cn 1 I _ t~ 89 5~' I~-E ° ~ ~ , a c~ r~ f~ ~ z ~ I ~ z © ~ SANITARY SEWER ~ j, EASEMENT ~ Q REC.# _ ' ~ ~ k o ~ O r` ~ Q is a - LOT I w z - 14,956 SOFT, ' cv ea -i j f_ ~ 3 i ' o , i SCALE I'•4O ° ~ T 2'x 2' CONCRETE ~ _ ~ 10 U ILITY EASEMENT P I LIAR ~ cn ~ ~ o 0 20 44 6fl > IQ ~q8- 2~~ ~ ~ 'W oo "W ~ ~ ° ~"p0 °41'37 ~ n. 7b 4 a 76 - S MIS g . 2~_--- , Y oNO 'OOi` 76° 4~ , 1 O N/ 'J 6~[EN ~ s J s " Stlatraw5 SU6 ~ =1 r ~ i j ~ a 1 CURVE DELTA ANGLE RADIUS ARC TANGENT CHORD CHARD BEARING C I 94°00'44" 45.40' 74.69' 45.44' 63.64' N 44°54'14'E l L 01+ 1't Uff 9J.UV 00. i0 4U by 00.30 5 4/'~iS 4l t + r. C 3 76020'25- 45.00' 59.96' 3 S 5 37 55.62 S 32 18 31 W 14a IfWLTKAJa-44-~ [A JFFFFRSt7N C't7liNTY ('I FRK r)FPIlTY ('i FRK C 4 70°23'19` 15.00' 18.43' 10.58' 17.29' S 35005'50"W C 5 103013'13" 15.00' 27.02' 18.93' 23.51' S 51°42 24"E > ECI 53°13'32" 45.00' 41.80' 22.55' 40.32 N 63°17'31"E - W _ u U. 4) to LINE BEARING DISTANCE t L I N 00°06'33"W 3.67' rn wrr 4a ELI S 00°05'47"E 91.03' ° PREPARED BY: LANE ENGINEERING SERVICE, INC. EL2 S 17 26 13`E 102.24' 9500 WEST 14TH AVENUE. LAKEWOOD, CO 80215 EL3 S 53°19'17`E 18,52' TEL. (303) 233-4042 FAX; (303) 233-0796 rY I