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Home My WebLink AboutWZ-94-3 The City of ~V~Theat ADMINISTRATIVE PROCESS APPLICATION ~Rid~re Department of Planning and Development 6 7500 West 29th Ave., Wheat Ridge, CO 80033 Phone (303) 237-6944 Applicant St. Ives Realty Address zuu union slva, #43 r.akP~.,nn~ co 8D2~Q hone 9g6-9499 200 Union Blvd, #430 Owner David-Dertina Address Lakewood. CO 80228 Phone 986-9499 Location of request 1D241 West 38th. Wheat Ridge. Cn]c~radc~ Type of action requested (check one or more of the actions listed below which pertain to your request.) [~ Change of zone or zone conditions X Site development plan approval Special use permit Conditional use permit Temporary use/building permit Minor subdivision Subdivision e Preliminary Final ^ ** See attached procedural guide for specific requirements. e Variance/Waiver Nonconforming use change ^ Flood plain special exception interpretation of code Zone line modification Public Improvement Exception -- Street vacation Miscellaneous plat Solid waste landfill/ mineral extraction permit ^ Other Detailed Description of request Approval of Outline- Development Plan List all persons and companies who hold an interest in the descri ed real property, as owner, mortgagee, lessee, optioriee, etc. I certify that the information and exhibits herewith submitted are true and correct to the best of my knowledge and that in filing this application, I am acting with the knowledge and consent of those persons listed above, without whose consent the requested action cannot lawfully be accomplished. Applicants other than owners t ubmit ppoQwer-of-attorney from the owner which approved of this action~io, s beha~l~. / Signature of Applicant Subscribed and sworn to me this, day of ~~\~r~, 19 $EAL My commission expires ~ -~~ -~ ate Received Receipt No. Case No. NAME ADDRESS PH(1NR F'= I~ST AME RS C AN HER= TAGS T = TL E COMPANY 950 S. CHERRY ST., SUITE 1200 DENVER, CO 80222 (303) 322-2222 SCHEDULE A Commitment Nor K001020-2-B93 . 1. Commitment Date: DECEMBER 23, 1993 at 8:00 A.M. 2. Policy or Policies to be ,issued: Policy Amount {a) Owners Policy - Proposed Insured: 5155,000.00 ST. IVES REAL ESTATE, A PROPRIETORSHIP {b) Loan Policy - Proposed Insured: 5117,500.00 J. GALEN HUITT, HELEN ANN HUITT AND DONNA LEE HUITT (c) Proposed Insureds 50.00 3. Fee simple interest in the land described in this Commitment is owned, at the Commitment Date byi J. GALEN HUITT, HELEN ANN HUITT AND THE HEIR(Sy OR DEVISEE(S) OF DONNA LEE HUITT, DECEASED, SUBJECT TO ADMINISTRATION BY THE PERSONAL REPRESENTATIVE OF THE DECEASED'S ESTATE. PLEASE REFER TO SCHEDULE B-1 OF THIS COMMITMENT FOR REQUIREMENTS PERTAINING TO SAID ESTATE. 4. The land referred to in this Commitment is described as follows: THE EAST 264 FEET OF THE NORTH 750 FEET OF THE SW 1/4 SE 1/4 OF SECTION 21, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH P.M., EXCEPT THE NORTH 20 FEET THEREOF AND EXCEPT THE WEST 15 FEET THEREOF AND EXCEPT THE EAST 20 FEET THEREOF AND EXCEPT THE SOUTH 230 FEET OF THE EAST 264 FEET OF THE NORTH 750 FEET OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 21, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH P.M., EXCEPT THE WEST 15 FEET THEREOF, AND EXCEPT THE EAST 20 FEET THEREOF, EXCLUDING ANY PORTION OF THE ABOVE DESCRIBED PROPERTY NOT LOCATED IN THE EAST 8 ACRES OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 21, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH P.M., COUNTY OF JEFFERSON, STATE OF COLORADO (for informational purposes only) (SEE CONTINUATION OF SCHEDULE A ON NEXT PAGE) A•L~A D1J eiim,^n nnlcear.nr*a* u;~,'FII~ ,~'TGQ CQ1'gdEP,GIAi, ~.,. t '. _ _.6rbtt_ ~Y ~~ ", @. ~ J `7TI13 t1LED. NWntbb 10th do of Janusry Mt.ern' ~ •' ' ~ HIGNAEL EASLI3 ~', t~D ,. RECEPTSOH RO. 650037511.RO '-'- Ol/18/85 i1 s23 '----.' RECORDCD IN COUNTY OF JEFFERSON ,ae Sr ~18TATE OF COLORADO II K ~~ County of and 9lairef altha Jaffyraon Cofuyds.ohLa nrN OrrLwd / RICgARO NAi16CIL AiN DL'aISE 5. HATISCI% elwwl.sal.ddr.+, Ir 10221 Neat 18th Aeenue and auuof c,aeya 3eEfcraun attM '. Caton deaf the ueend pwq NITNLaaE'CN.th•ttM aeX D•nYprtM Dnl D•r61ar•"d otenndn6lon of the rum pf (TSB eDOD.DO) ' _~.__..~_---_-_pOLLAR4 EICk1TY EIGNC THOUSAND AND ND1300-__.-_~-_________~_ and atMr rood .nd +alu.bl• c•nYderam•nr m tM and Party M [M Am Dart In hand Pfd LY the uid p•nio of the retard pare the m'+IDt whrtmRa Mr•bY+°een a> and ronN l •unb tn• .Id putW rafuten4 yan~ahelr Mir an' LY lber• yneenU dttr pant L•qun, wn, pr prc•1 aul{na rpn+a mt In nnnreY fn Ammon but Inl•Im bnantY•+R tM fDllp.ln{ drerlb•A lot•nd Stan of Leloradc.tDrit: County of Jef £eraon '1anf.tlWU,l}InCtm11•tnaiwtM . A pest aE the Fsac ono-hol[ of tha Ngnvnshlp J South Rangy 9oucheaac ~~ quareec (Y+1 61h SE$) of section 23s 69 Heac. mote part Seularly deecr abed as Folloua: legSnning of the Southeast fornc[heneea in n No~cheaecortp direct 1on0777yfecch taco Notch 00 featr point.vhich Ss 14L fact North of place of baglmtinD. thence golyt lar•Ynawn u~unt.ni namsrof bCauncyno! Je[fysaon SSrarn oEECOl Eado. uSthln N.78Lh e. 10221 Neee lECh Avenueun:merm.r.unw belenrina ar l"•^rWl.••pnr- tOGL1;ILRdehall •ad rlnNl.rtM Mrdnammu rnd rDNr nu, 1•w.r and Dnntr therY•1; and dt the plnPo{ ud tH n+urwn m! rnpabnr, rrmalnder and nmJMen, r• rat•[r. n{ha,tllk, leans ~ ridniw M T tM ~rndb~~~ and pDV nn•n<r.r~nl Pub dthu InLW oncuilY~ a(. in antl tr tM •M+• bar[• nr P f tM lira pnh for hlmrti6 nit MUr, M NAVL AND TO NO ~MM-°In •rnd aael{na !error. Are tL• ~d D•+ty~, bL eM •ppunenant•., unto tL+ ui partkadthe re:Dnd D•rt. dwrarnnanLRant,bupin and rQunand.ith thew•id D•M1kw(the ucoM yiie. entutpra, and adminlmrrun, dddNery o(tneu Pnuntr,heb call uitM el mepnm rMh Mln end nurn.. tMt al tM ume M tM mudina •" m uO and mn•n mr umn In manner one loan rmrn•d. aba+ra.n.eY•d,arorapod..ur•.D•rf•a••b•^luu•nd mdr4utbh ntsu eflMafunt•, In lav,in In timpln and u y;rod rlrhL lua fowp aM b•ful wtMelV appm[, Lath Ilev. brp, a.nnmenV wd and that ttu r•me an hr and Aar hom all termer •M Mher {rmn,-p[dm, a p, except Che gencrel axes Tor 1984 and subs^acen namM•nnr •f eMU+NrNM ar nalmr sorer. years, aasepsnte. reeasvacions, raatrltcionn, righco of vay and covenants I oc of ttmcrd. i ed nmwr In aM yukl end peuablr pe•u•rlon d tha aid Dartiea oI me accord Put. the rW [ha -nn and utl{ne of ruth cur ricer. aaun.i NI and rvvY prr.en ar penam and tM •tro baraun 0 TdN4. .. . unitot of tMm.tMIr WI{n•! Id' torNenMP••rrndbwlwaLYlARLAN bNupy tialminror uairim lM eMPer am pan thermttMU P•r 1 r numMr rhJl Ineludr thr PlDUI, the Pfunl tM rinNhn and tM uu of • r.Y Pndar PORCVLR DLrLND. The+l^N a nderv tLpy-ueunu wt nb hrnd and ref the d•Y end YOrflnt .h.n-e •wur.Y~• n.n {t f N wfraeaa a RLRLDr the sad p..[r tf u• nra p,r aMra~dtun. ~a9CAL1 Slamd,8•aud ~w~•Ilrrad lntM PnuM•et Hl~-~EASLER SEALI ' .IW4Fa::u, 1'~~' ~ ' '^ Po~ppV0~y1~.(;r.uiny p(' ArnPehoe TLyfQe•lElnC~'t+•(r7 m nt u uYrw iWM be! by `HILRLtE4 EASLER' . ~' ai . Hay }3 1905 ',Hy Cnnmlado 1 1700,5.",Parker RdY,ll ,,~ urtora r. La! BOOM ' ,1984 rtxfr 10th d•y of January ,Wltno•my d•nd of~ r •1. '~. , "~ f y9~6 Lr• r ,~ ~"' ~~ ~o~~~ FIRST AMERICAN HERITAGE TITLE COMPANY INFORMATION The Title Insurance Commitment is a legal contract between you and the company, it is issued to show the basis on which we wil I issue a Title Insurance Policy to you. The Policy will insure you against certain risks to the land title, subject to the limitations shown in the Policy. The Company will give you a sample of the Policy form, if you ask. The Commitment is based on the land title as of the Commitment Date. Any changes in the land title or the transaction may affect the Commitment and the Policy. The Commitment is subject to its Requirements, Exceptions and Conditions. THIS INFORMATION IS NOT PART OF THE TITLE INSURANCE COMMITMENT. TABLE OF CONTENTS AGREEMENT TO ISSUE POLICY SCHEDULER 1. Commitment Date 2. Policies to be Issued, Amounts and Proposed Insureds 3. Interest in the Land and Owner 4. Description of the Land SCHEDULE B-1 -Requirements SCHEDULE B-2 -Exceptions CONDITIONS Page 1 2 2 2 2 3 4 1-A YOU SHOULD READ THE COMMITMENT VERY CAREFULLY. It you have any questions about the CommRment, please contact the Issuing office. Form No. 1343 (CO-87) ALTA PJain Language Commitment COMMITMENT FOR TITLE INSURANCE ISSUED BY FIRST AMERICAN HERITAGE TITLE COMPANY agent for FIRSTAMERICANTITLE INSURANCE COMPANY AGREEMENT TO ISSUE POLICY FIRST AMERICAN TITLE INSURANCE COMPANY, referred to in this Commitment as the Company, through its agent, First American Heritage Title Company, referred to In this Agreement as the Agent, agrees to issue a policy to you according to the terms of this Commitment. When we show the policy amount and your name as the proposed insured in Schedule A, this Commitment becomes effec- tive as of the Commitment Date shown in Schedule A If the Requirements shown In this Commitment have not been met within six months after the Commitment date, ourobligation underthis Commitmentwiil ehd. Alsoourobligation underthis Commit- mentwill end when the Policy is issued and then our obligation to you will be under the Policy. Our obligation under this Commitment is Ilmited by the following: The Provisions in Schedule A. The Requirements in Schedule B-1. The Exceptions in Schedule B-2. The Conditions on page 7 -A This Commitment is not valid without SCHEDULE A and Sections 1 and 2 of SCHEDULE B. ~; First American Title Insurance Company BY~~~ tG' f~ PRESIDENT ~~JJ `~-'~-~ SECRETARY COUNTERSIGNED ~t~Tt.t rr;s~''~1ti< s <? .... .. , gq ~, .`y, ,r'QRF UA4 '.4~ ._ ~ r .., ~ ' - _ ~, w' 19u9 ~ '~` ti: 1~1` nom' -....••'g> ~~1. ~'i: r J p q!~A `~,. a,.. . .. CONDITIONS 1. DEFINITIONS (a) "Mortgage" means mortgage, deed of trust or other security instrument. (b) "Public Records" means title records that give constructive notice of matters affecting the title according to the state law where the land is located. 2. LATER DEFECTS The Exceptions in Schedule B -Section 2 may be amended to show any defects, liens or encumbrances that appear for the first time in public records or are created or attached between the Commitment Date and the date on which ail of the Requirements of Schedule B - Section 1 are met. We shall have no liability to you because of this amendment. 3. EXISTING DEFECTS If any defects, liens or encumbrances existing at Commitment Date are not shown in Schedule B, we may amend Schedule B to show them. If we do amend Schedule B to show these defects, liens or encumbrances, we shall be liable to you according to Paragraph 4 below unless you knew of this information and did not tell us about ft in writing. 4. LIMITATION OF OUR LIABILITY Our only obligation is to issue to you the Policy referred to in this Commitment, when you have met its Requirements. If we have any liability to you forany foss you incur because of an error in this Commitment, our liability will be limited to your actual loss caused by your relying on this Commitment when you acted in good faith to: comply with the Requirements shown in Schedule 8 -Section 1 or eliminate with our written consent any Exceptions shown in Schedule B -Section 2. We shall not be liable for more than the Policy Amount shown in Schedule A of this Commitment and our liability is subject to the terms of the Policy form to be issued to you. 5. CLAIMS MUST BE BASED ON THIS COMMITMENT Any claim, whether or not based on negligence, which you may have against us concerning the title to the land must be based on this Commitment and is subject to its terms. zoo-zoo-~ F SRS T AME AN HER =TALE = TL E COMPANY 950 S. CHERRY ST., SUITE 1200 DENVER, CO 0222 (303) 322-2222 SCHEDULE A 1. 2 Commitment No: Ko00675B93-5 Commitment Date: JANUARY 24, 1994 at 8:00 A.M. Policy or Policies to be issued: (a) Owners Policy - Proposed Insured: ST. IVES REAL ESTATE, A PROPRIETORSHIP 3 4 {b) Loan Policy - Proposed Insured: RAYMOND MICHAEL EASLER ' (c) Proposed Insured: Fee simple interest in the land described in this Commitment is owned, at the Commitment Date by: RAYMOND MICHAEL EASLER The land referred to in this Commitment is described as follows: THE W 1/2 SE 1/4 SE 1/4 OF SECTION 21, TOWNSHIP 3 SOUTH, RANGE 69 WEST, EXCEPT ANY PORTION WHICH MAY LIE WITHIN 38TH AVE.; AND EXCEPT: A PART OF TF?E WEST 1 / 2, OF 'THE SE 1 /4 OF THE SE 1 /4 "(Wl/2SE1/4SE1/4} OF SECTION.21, TOWNSHIP 3 SOUTH, RANGE 69 WEST, MORE PARTICULARLY DESCRIBED AS FOLLOWS:'BEGINNING AT THE SOUTHEAST CORNER OF SAID W1/2SE1/4SE1/4; THENCE WEST 120 FEET, THENCE NORTH 80 FEET, THENCE IN A NORTHEASTERLY DIRECTION 137 FEET TO A POINT WHICH IS 148 FEET NORTH OF PLACE OF BEGINNING, THENCE SOUTH 148 FEET TO THE PLACE OF BEGINNING, COUNTY OF JEFFERSON, STATE OF COLORADO (for informational purposes only) PREMIUM: Owners........... 52,251.00 Mortgage......... 560.00 10241 W. 38TH AVE. Policy Amount 5950,000.00 5678,000.00 50.00 (SEE CONTINUATION OF SCHEDULE A ON NEXT PAGE) (CONTINUATION OF SCHEDUL~1) Mortgage......... X0.00 tax Cert......... 515.00 FEH 2, 1944 llm JR SPECIAL TAXING DISTRICT NOTICE (A Notice Given In Conformity With Section 10-11-122 C.R.S.) The subject land may be located in a special taxing districts a certificate of taxes due listing each taxing jurisdiction shall be obtained from the county treasurer or the county treasurer's authorized agent; and information regarding special districts and the boundaries of such districts may be obtained from the board of county commissioners, the county clerk and recorder, or the county treasurer. Order No. K000675B9 SCHEDULE B - Section Requirements The following requirements must be met: (a) Pay the agreed amounts for the interest in the land and/or for the mortgage to be insured. (b) Pay us the premiums, fees and charges for the policy. (c) Obtain a certificate of taxes due from the county treasurer or the county treasurer's authorized agent. (d) Provide us the "Affidavit and Indemnity" signed by the parties listed in Paragraph 3, Schedule A of this Commitment and notarized. (e) The following documents satisfactory to us must be signed, delivered and recorded: 1. Warranty Deed sufficient to convey the fee simple estate or interest in the land described or referred to herein, to the Proposed Insured, Schedule A, Item 2A. NOTE: IF THE SALES PRICE OF THE SUBJECT PROPERTY EXCEEDS 5100,000.00 THE SELLER SHALL BE REQUIRED TO COMPLY WITH THE DISCLOSURE OR WITHHOLDING PROVISIONS OF C.R.S. 39-22-604.5 (NONRESIDENT WITHHOLDING). Form No.1344-B2 (CO ) ALTA. Plain Language~mmitment . SCBEDULE B - Section 2 .Order No. KO00675B93-5 Exceptions Any policy we issue will have the following exceptions unless they are taken care of to our satisfaction: I. Taxes and Assessments not certified to the Treasurer's Office. 2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or by making inquiry of persons in possession thereof. 3. Easements, or claims of easements, not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the land would disclose, and which are not shown by the public records. 5. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 6. All taxes and assessments for the year 1993 and subsequent years, a lien, but not yet due or payable. 7. An easement for flood control .channels, structures and other improvements and incidental purposes granted to the City of Wheat ridge by the instrument recorded March 24, 1981 at Reception No. 81019528. 8. An easement for constructing and maintaining a drainage system and incidental purposes granted to the City of Wheat ridge by the instrument recorded April 20, 1490 at Reception No. 90032578. 9. Any right of way for Dry Creek. 10. The right, to use for the' purpose of ingress and egress from his property, an easement and ,right of ,way over and along the following described property, as. contained in Findings of Fact and Decree recorded. April 11; 1960'in Book 1265 at Page 389, .~~ The West 11 feet of the W 1/2 of the SE 1/4 of the SE 1/4 of Section 21, Township 3 South, Range 69 West of the 6th P.M., Jefferson County, Colorado, beginning 188 feet North of the NE corner of the South 3 acres of the East 8 acres of the SW 1/4 of the SE 1/4 of said Section 21 and extending to the North line of West 38th Avenue. Order No. K000675B~ ~ AFFIDAVIT AND INDEMNITY TO FIRST AMERICAN TITLE INSURANCE COMPANY 1. This is written evidence to you that there are no unpaid bills for materials ar labor furnished for construction and erection, repairs or improvements on property located at 10241 V7. 38TH AVE. and legally described as: THE W 1/2 SE 1/4 SE 1/4 OF SECTION 21, TOWNSHIP 3 SOUTH, RANGE 69 WEST, EXCEPT ANY PORTION WHICH MAY LIE WITHIN 38TH AVE.; AND EXCEPT: A PART OF THE WEST 1/2 OF THE SE 1/4 OF THE SE 1/4 (W1/2SE1/4SE1/4) OF SECTION 21, TOWNSHIP 3 SOUTH, RANGE 69 WEST, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID W1/2SE1/45E1/4i THENCE WEST 120 FEET, THENCE NORTH 80 FEET, THENCE IN A NORTHEASTERLY DIRECTION 137 FEET TO A POINT WHICH IS 148 FEET NORTH OF PLACE OF BEGINNING, THENCE SOUTH 148 FEET TO THE PLACE OF BEGINNING, , COUNTY OF JEFFERSON STATE OF COLORADO 2. We further represent that there are no public improvements affecting the property prior to the date of closing that would give rise to a special property tax assessment against the property after the date of closing. 3. We further represent that there are no pending proceedings or unsatisfied judgments of record, in any Court, State or Federal, nor any tax liens filed against us, and that if there are judgments, bankruptcies, probate proceedings, state or federal tax liens of record against parties with same or similar names, they are not against us. 4. We further represent that there are no unrecorded contracts, leases, easements or other agreements or interests relating to said premises of which we have knowledge. 5. We further represent that we are in sole possession of _the real property described herein. 6. We further represent that there are no unpaid charges and assessments that could 'result in a lien in favor of any association of homeowners which are provided for in any document referred to in Schedule B. The undersigned affiant(s) know,'the matters herein stated • are true ~aDd• indemnifies FIRST AMERICAN TITLE INSURANCE COMPANY against loss, costs, damages and expenses of every, kind incurxed by it by reason of its reliance on•the statements made herein. This agreement is executed with and forms a part of the sale and/or financing of the above described premises, and is given in addition to the conveyance and/or financing of the premises in consideration for the conveyance and/or financing, and forms a complete agreement by itself for any action thereon. SELLER: RAYMOND MICHAEL EASLER STATE OF COLORADO ss. COUNTY OF JEFFERSON (SEE CONTINUATION OF AFFIDAVIT & INDEMNITY ON NEXT PAGE) ' The foregoing instrum~ was acknowledged, subscribi and sarorn to before me this day of , 19_ by ,RAYMOND MICHAEL EASLER My commission expires: Notary Public t . F'=A..~ST AMER=CAN HERITAGE T=TLE COMPANY (~ ~ 950 S. CHERRY ST., SUITE 1200 DENVER, CO 80222 (303) 322-2222 DATE: JAN 4, 1994 ORDER #: K001020-2-B93 PROP. ADDR.: OWNER/BUYER: ST. IVES REAL ESTATE, A PROPRIETORSHIP PLEASE DELIVER TO THE CUSTOMERS CHECKED BELOW: TO: METRO BROKERS COPIES : 02 2009 WADSWORTH (233-1000) ATTN: C. CERVENY TO:.ST. IVES REAL ESTATE COPIES 02 200 UNION BLVD #430 (988-6794) ATTN: D. DERTINA TO: FIRST AMERICAN HERITAGE COPIES : 01 633 17TH ST., #1970 (295-2555) DENVER, CO ATTN: TO: JOHN LOBUS, PC COPIES a 01 710 KIPLIN #420 .. ATTN: TO: FIRST AMERICAN HERITAGE COPIES s 01 134 UNION BLVD. #120 LAKEWOOD, CO 80228 ATTN: DIANE T0: JAMES B. DUNLAP, ESQ. COPIES 01 2255 S. WADSWORTH #110 LAKEWOOD, CO 80216 ATTN: TO: COPIES ATTN: THE ABOVE IS A LIST OF CLIENTS THE ATTACHED TITLE COMMITMENT HAS BEEN DELIVERED TO. SHOULD YOU HAVE ANY QUESTIONS REGARDING THE COMMITMENT, PLEASE CONTACT FIRST AMERICAN HERITAGE TITLE COMPANY AT THE ABOVE PHONE NUMBER. PLEASE REVIEW THE COMMITMENT CAREFULLY, TAKING NOTE OF THE FOLLOWING ITEMS CONTAINED THEREIN: CHANGE TO SCHEDULE A, ITEM NO. 3~ ADDITION TO REQUIREMENT PAGE THANK YOU. ., ;. FIRST AMERICAN HERITAGE TITLE COMPANY INFORMATION TheTitle Insurance Commitment is a legal contract between you and the company,: it is issued to show the basis on which we will Issue a Title Insurance Poficy to you. The Policy will Insure you against certain risks to the lend title, subject to the limitations shown in the Policy. The Company will give you a sample of the Policy form, if you ask. The Commitment is based on the land title as of the Commitment Date. Any changes in the land title or the transaction may aNect the Commitment and the Potlcy. The Commitment is subject to its Requirements, Exceptions and Conditions. THIS INFORMATION IS NOT PART OF THE TITLE INSURANCE COMMITMENT. • TABLE OF CONTENTS Pege AGREEMENT TO ISSUE POLICY ~ SCHEDULE A t. Commitment Data p 2. Policies to be Issued, Amounts and Proposed Insureds 2 3. Interest in the Land and Owner p 4. Description of the Lend Z SCHEDULE 8-1 - Requirements 3 SCHEDULE B-2 -Exceptions ~ CONDITIONS ~ _A YOU SHOULD READ THE COMMITMENT VERY CAREFULLY. It you have any questions about the Commitment, please wntact the iesuinp oMee. ~~ Fcrm Na 1343 (C487) ALTA Plain Lenpuepe Commitment COMMITMENT FOR TITLE INSURANCE ISSUED BY FIRST AMERICAN HERITAGE TITLE COMPANY agent for FIRST AMERICAN TITLE INSURANCE COMPANY AGREEMENT TO ISSUE POLICY FIRST AMERICAN TITLE INSURANCE COMPANY, referred to in this Commitment as the Company, through its agent, First American Heritage Title Company, referred to in this Agreement as the Agent, agrees to issue a policy to you according to the terms of this Commitment When we show the policy amount and your name as the proposed insured In Schedule A, this Commitment becomes effeo five as of the Commitment Date shown in Schedule A If the Requirements shown in this Commitment have not been met within six months after the Comm fitment date, our obligation under this Commitment will end. Also our obligation u nder this Commit- ment will end when the Policy is Issued and then our obligation to you will be under.the Policy. Our obligation under this Commitment is limited by the following: 'The Provisions in Schedule A. The Requirements in Schedule B-1. The Exceptions in Schedule 8-2. The Conditions on page 1-A This Commitment is not valid without SCHEDULE A and Sections 7 and 2 of SCHEDULE B. SECRETARY JNTERSIONED First American Title Insurance Company BY~dI /J /J ~ _ ~~A~ PRESIDENT ~ t\SlF fNSU Q ogP099 ~ '+~ ~ v r '. ~ x e.~ ~ n c v e ,- '. SEPiEM.6E9 29. ? i d ~' 1968 ~ r CONDITIONS 1. DEFINITIONS (a) "Mortgage" means mortgage, dead of trust or other security instrument. (b) "Public Records" means title records that give constructive notice of matters affecting the title according to the state law where the land is located. 2. LATER DEFECTS The Exceptions in Schedule B -Section 2 may be amended to show any defects, liens or encumbrances that appear for the first time in public records or are created or attached between the Commitment Date and the date on which all of the Requirements of Schedule B -Section 1 are met. We shall have no liability to you because of this amendment. 3. EXISTING DEFECTS •• If any detects, liens or encumbrances existing at Commitment Oate are no4 shown in Schedule B, we may amend Schedule B to show them. {f we do amend Schedule B to show these defects, liens or encumbrances, we shall be liable to you according to Paragraph 4 below unless you knew of this information and did not tell us about it in writing. 4. LIMITATION OF OUR LIABILITY Our only obligation is to issue to you the Policy referred to in this Commitment, when you have met its Requirements. If we have any liability to you for any toss you incur because of an error in this Commitment, our Iiabiiity will be limited to your actual loss caused by your relying on this Commitment when you acted in good faith to: comply with the Requirements shown in Schedule B -Section 1 or eliminate with our written consent any Exceptions shown in Schedule B -Section 2. We shall not be liable for more than the Policy Amount shown in Schedule A of this Commitment and our liability is subject to the terms of the Policy form to be issued to you. 5. CLAIMS MUST BE BASED ON THIS COMMITMENT Any claim, whether or not based on negligence, which you may have against us concerning the title to the land must be based on this Commitment and is subject to its terms. zoo-zooa •~ SCHEDULE B - 8ectian 1 Order No. K001020-2-B93 Requirements The following requirements must be mete (a) Pay the agreed amounts for the interest in the land and/or for the mortgage to be insured. (b) Pay us the premiums, fees and charges for the policy. (c) Obtain a certificate of taxes due from the county treasurer or the county treasurer's authorized agent. (d) Provide us the "Affidavit and Indemnity" signed by the parties listed in Paragraph 3, Schedule A of this Commitment and notarized. (e) The following documents satisfactory to us must be signed, delivered and recorded: 1. .Warranty Deed sufficient to convey the fee simple estate or interest in the land described or referred to herein, to the Proposed Insured, Schedule A, Item 2A. 2. The following requirements are made regarding the estate of DONNA LEE HUITT, deceased. ~ •• A) Certified copy of Death Certificate. B) Release of Federal Estate Tax Lien or evidence satisfactory to the Company, that the estate of DONNA LEE HUITT, deceased, is not sub~ect to the Federal Estate Tax. NOTE: IF THE SALES PRICE OF THE SUBJECT PROPERTY EXCEEDS 5100,000.00 THE SELLER SHALL BE REQUIRED TO COMPLY WITH THE DISCLOSURE OR WITHHOLDING PROVISIONS OF C.R.S. 39-22-604.5 (NONRESIDENT WITHHOLDING). Form No.1344-B2 (CO-88) P,LTA Plain Language Commitment SCB$D[ILS B - Section 2 Order No. KO01020-2-893 Exceptions Any policy we issue will have the following exceptions unless they are taken care of to our satisfaction: 1. Taxes and Assessments not certified to the Treasurer's Office. 2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or by making inquiry of persons in possession thereof. 3. Easements, or claims of easements, not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage 'in area, encroachments, and any facts which a correct survey and inspection of the land would disclose, and which are not shown by the public records. 5. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 6. The lien of any upaid taxes or assessments against the Iand, if any. A tax certificate has been ordered, but not received. . ~ " O;der No. K001020-B93 AFFIDAVIT AND INDEFIIdITY TO FIRST AMERICAN TITLE INSURANCE COMPANY i. This is written evidence to you that there are no unpaid bills for materials or labor furnished for construction and erection, repaira or improvements on property located at and legally described as: THE EAST 264 FEET OF THE NORTH 750 FEET OF THE SW 1/4 SE 1/4 OF SECTION 21, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH P.M., EXCEPT THE NORTH 20 FEET THEREOF AND EXCEPT THE WEST 15 FEET THEREOF AND EXCEPT THE EAST 20 FEET THEREOF RND EXCEPT THE SOUTH 230 FEET OF THE EAST 264 FEET OF THE NORTH 750 FEET OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 21, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH P.M., EXCEPT THE WEST 15 FEET THEREOF, AND EXCEPT THE EAST 20 FEET THEREOF, EXCLUDING ANY PORTION OF THE ABOVE DESCRIBED PROPERTY NOT LOCATED IN THE EAST 8 ACRES OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 21, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH P.M., COUNTY OF JEFFERSON STATE OF COIARADO 2. We further represent that there are no public improvements affecting the property prior to the date of closing that would give rise to a special property tax assessment against the property after the date of closing. 3. We further represent that there are no pending proceedings or unsa£isfied judgments of record, in any Court, State or Federal, nor any tax liens filed against us, and that if there are judgments, bankruptcies, probate proceedings, state or federal tax liens of record against parties with same or similar names, they are not against us. 4. We further represent that there are no unrecorded contracts, leases, easements or other agreements or interests relating to said premises of which we have knowledge. 5. We further represent that we are insole possession of the real property described herein. 6. We further represent that there are no unpaid charges and assessments that could result in a lien in favor of any association of homeowners which are provided for in any document referred to in Schedule 8. The undersigned affiant(s) know the matters herein stated are true and indemnifies FIRST AMERICAN TITLE INSURANCE COMPANY against loss, costs, damages and expenses of every kind incurred by it by reason of its reliance on the statements made herein. This agreement is executed with and forms a part of the sale and/or financing of the above described premises, and is given in addition to the conveyance and/or financing of the premises in consideration for the conveyance and/or financing, and forms a complete agreement by itself for any action thereon. SELLER: J. GALEN HUITT, HELEN ANN HUITT AND THE HEIR(S) OR DEVISEE(S) OF DONNA LEE HUITT, DECEASED, (SEE CONTINUATION OF AFFIDAVIT & INDEMNITY ON NEXT PAGE) . '~ ~ (CONTINUATION OF AFFIDAVIT & INDEMNITY) SUBJECT TO ADMINISTRATION BY THE PERSONAL REPRESENTATIVE OF THE DECEASED'S ESTATE. PLEASE REFER TO SCHEDULE B-1 OF THIS COMMITMENT FOR REQUIREMENTS PERTAINING TO SAID ESTATE. STATE OF COLORADO COUNTY OF JEFFERSON ss. The foregoing instrument was acknowledged, subscribed and sworn to before me this day of , 19_ by J. GALEN HUITT, HELEN ANN HUITT AND THE HEIR(S) OR DEVISEE(S) OF DONNA LEE HUITT, DECEASED, SUBJECT TO ADMINISTRATION BY THE PERSONAL REPRESENTATIVE OF THE DECEASED'S ESTATE. PLEASE REFER TO SCHEDULE B-1 OF THIS COMMITMENT FOR REQUIREMENTS PERTAINING TO SAID ESTATE. My commission expires: Notary Public IN C~ALITY RANCH AND PATIO HOME COMMUNITIE8 December 7, 1993 Dear Neighbor, Brookside Homes is planning an exclusive Single Family Community on the Easier Property at 10241 West 38th Avenue and may possibly include some adjoining properties to the East and West. This community will be gated for ultimate security and safety for it's residents. The beautifully landscaped community greenbelts will be maintained by a homeowner's association, so the residents of this community can say goodbye to their lawn mower and snow shovel forever! The roads, curb, gutter, etc., will be private, so it won't cost the city or the tax payers any money for street repairs and maintenance. These single family detached Villa Homes feature exquisite affordability in a secure country-estate setting. Gracious architecture and innovative design concepts will provide a spacious home of a more modest and manageable dimension. Prices will range in the $150,000's to $180,000's. This proposed courtyard style community is being designed especially for Wheat Ridge and Applewood Residents, whose current home is too big and too much work to maintain, now that the children have moved away. Most of the homes will feature main floor master suites and adjoining luxury baths. They will include private studies with a secondary loft bedroom and bath for the occasional guest. Included in the plans are two-car gazages, private courtyard and an optional basement for added space. This will not be a community for young families with school-aged children. Nestled behind the community's private entry gates, these single family Villa Homes will provide a peaceful living environment, custom made for a maintenance free, relaxed lifestyle in secluded privacy. We would like to extend an invitation for you to come to our neighborhood meeting that is planned for Thursday evening at 6:30 P.M., at City Hall, 7500 West 29th Avenue. We will cover all the details of our proposed Community at that time. Sin erely, David C. Dertina President 200 UNION BOULEVARD, SUITE 430 • LAKEWOOD, COLORADO 80228 • TELEPHONE 303 988~G'194 • FAb 303 2TI-0166 NOTICE OF NEIGHBORHOOD INPUT MEETING FOR REZONING Brookside 3emes, Inc. THE LOCATION OF THIS I^.EETING IS lacy THE TZME AND DATE FOR THIS MEETING THE PURPOSE FCR THIS PROPOSAL IS To homes Fith the ernhasis on a maintenance~`i ac ge; CO :30 P.i detect than no lan~E The City of Wheat Ridge has adopted a requirement tnat, prior ~~+ application Ear rezoning of property to a higher use, or for properties in excess of one (1) acre, and for Special Use Permits which allow a special use of land, an applicant must notify all residents within 600 feet and invite them to a Neighborhood Input Meeting. The purpose for this meeting is tc allow the applicant to present his proposal to the neighborhood and also to allow the neighborhood to express directly to the applicant, their concerns, issues and desires. A staff planner •ai11 attend the meeting to discuss City policy and regulations and the process involved, however, the planner will remain impartial regardino viability of the groiect. Keep in mind that this is not a public hearirp. Although a synopsis of the meeting said be entered as testimony, it is the public hearings in front of Planning Commission and City Council where decisions are rendered. if you want input in the decision-making process, it is imperative that you attend the public hearings. The kinds of concerns residents normally have include the following: * Is the FroPosal compatible with surrounding land uses and zoning? * Are there adequate utilities and services in place or proposed to serve the project? * What i the impact cn our streets? * Where will the storm drainage go? * How will the project be designed to enhance rather than detract from the neighborhood? ' * What specific changes can be made in the proposal to make it more acceptable to me? After attending the Neighborhood Input :^.eeting, please use the following space and the back of this form to list any ~speci£ic. concerns, issues or suggestions which you may have regarding this aroposal. Please sign it and~gice it to the applicant,. as he _is_ required to grovide these forms to the.. City alohg with his application. PROPOSING A REZONING FROM PP.INT NAME ADDRESS PHONE <pc>notice/reighborhoodmtq/zk _ ._ _.__i:t 'h ~O , .:.3 ~' ~ ~0 IAL • .il:_ .. _.. .. i ',,;~i!°_a«.wA.1u~ :rl«Y_N.' RECEPT SON N0. B59Cr7•v2 •~ ~~ .•L«+wN•N 01/18/85 11 t23 11.80 • RECORDED IN - ,COUNTY OF JEFFERSON ~;1kNDLLD.1fIAPaN 10th Anr Jamdtp ~ ,llgy ~ STATE OF COLORR00 YHwrn , •MCSLItT. EASIJB ' Y `r1tM Cnn1IN JoC(traon WNatr•! ' CYLraAwNMa RrN lwr.wA / RICLARD NATISC[K AidU OE`1I9E S. NATI8C7JC ~ l .hwiNN WrwsN 10221 Naaz 38th Avenue ~allM CwnIIN 7aClataon MAMaN ar 1 CJnr A.N W «nn1Wn • R'liNEelETN.thwtM NN Prq rrtM Ant Pr4faranUnrNMMnrNa NtM rcnNfS@B,000.00) @1CN7T LILH[ iR005MT1 AND NO/100______~_~_~___--~-_~--.~____-pDLLAIU uA «Mr aarA aM o1N W aMNdnmrma a rM mA NIIY N tM Yru Pul d MM Mb N tM rud P«MS N the rrrM Iul.lhr rwvlN PMnNb hmy eMlesuA •nA «YrwINaM.A« n•Mrd. MrNINd, wb W wnrryri anA M lYr« Nswau ~twr n•M. Mnun, wa, nnrq aM nMrw unu thr oN IsB W N Npnd IsrL eMN Mm aM auianaWon MlNUnanN In nmNnYUbndwnum•nq.W tMlpaa.bl dr«n4A bt Pr Da«d of "{aM,NIMN.lYlnrslrAM,vwIM ,. C.unNN Jeffs reon •M walr et[Nendw u.ir A part oC cha Lasc ono-half oC thv Southeaac quartet of the Southeaac quarter (ftq S}h SE4) of section Z1, ilpvnchip ]South, Aangt , 69 litter wre parttculaely dates Sbed as Eallous: 3aginning of Che 9outhtaK cotrter pC uid Y11 SEk SEk thence Geot 120 feet. them North b0 fete. thanes Sn • Nprch¢ntoely dictceion 177 f<ec to a polnt.vhich Ss 146 feet North at plan of 6eglnnin0. chance South 148 !ne to mht plats of baglnning except the 9nuth 70 fert lylni vlchln N.78th e. aR•bonurtrnt uJn•wlrr County oC lef ftcwn, 8tatt of Colo[ado. ' 10223 V<ee 38th Avenue TOELT'.ILR ttth NI •M mnrvlu tM MnAltaNnu rnA •plurNM«rr lMnuau MNnnna. «in MY•fruPwr' {Jnlnr wA lM rr.•nw• and rwrrWM, rrwsinM •M rcnuMres. nntr. INUN Md w•Ya thnN; sM Nt :M nl«6 naA41114MUInRrbIA aM Ym•M.A•lwrral M'lM Mif MnY NI MnMW4 Mhrr la b. ar.6un).N.m aM N tM •Ynr MINE TA nrnt«w Y1tA tM MnAaaw•n4 aM aDNrNnMn\ r0 NAYL AND TO NOLD tM ulA N•wtW • Wr brrnlnN aM N«NMd. •itA thr •ppmunannu unu tM and NrtNr N aM «nnA Inl. tNN hrm MA mlNa fawn. And IM NIA IrnY a! lM hm pr41w hfnulL Mr Min, meutan, aM WmnnktuNn, A«rnnu•e nul. Arnsin aM Mw N Nd •nA lM uN pnks N tM.w•M por. tArh Mln aM aaupr.lMt a Ne Ymr N tM m«alina anA dsDrwY N Ww Irrwur. M u •rll unN of Nr Dreml«r a4n arnnwd. •• d I•rA. wn. nr W 4 rM.MU and tMr4wihlr nbb N InMrlunr, In 4r, m l« simple, and nu awl Nfh4 NY w•rr anA Iwful NIMnN M Ann4 huWn, MD anA n•M thr uN In wNMr rM farm Nunmd. •M that YA Nw1 m !rw aM dnr ham all fwww aM NMr nmN, MYPin\ Nbr, Ibnr, wn. •wW mm:a.M MrY.Ma«rrN.AatrwrYlMrrnatnrr N.rn axe¢pt the general taxes for 1984 and aubcequen yeast. aaaeln:nta, rasarvecianar raacrltelona, rights of vay and cavenanu apparen or of reecrd, aM tM aMw ANYwnrd IrcmIN In lM auNt and N«uYN p«uwbn N thr ub Irrtiu M IM «rpM Nth [hr NuirM N tAxm. lNp MsINS and tM hmrc NA Wlav eE sash rurr{r«, anlM{ W and auY Nnen rr N«•nr LdvYYYWmInprNeNnIM nMNw ant N«M«rM.tM UiA1«NorrMern WYrhNI S.A.ialY,AAxANT ADD, _ ,•„ IOREYLR DETLSA tAr dnrvlu mrw W sA W IntluG Mr plurN, lM •lunt tM nnrvbr,and Ne nr N spY nn4r ah W M NIIkYYIr a sa INLn 1N MITa/EdY tINLRL4l lM Nb NrtY •f tM Nrl Nrt An MnunN «l Mr haM snA NI Nr do snA srar lint aMn.rla•n. alamA,FaNA MdCrIIwrN In Mr Trcwnr•1 .-X~l^'~ D~~'Y 1LA41 • , . Ym:e.''iJ,~ . NICNAEL E,18GER ' +' rt ~`T' ~ 'SLAW e,6„r -(t ALI SY:~n. a ... n.rf • by N> Gs Arapahos 1M wNAM MNr•NtAI• 10th dwN Januory .roBA, • s.w. NsY 13.1985 ~knr ~Rd: IS11 -,' ' ' • nnnlt .. :: ~~ ~ N ~JOINT,~TC7tAXC3.':.•,~ "" .. • ~ • ~'~~ U,Q+~a . ~~yy~,~ ~~ 111I N bt ~TIINESaiYU~Wl4a M.SfLaa.,.a.] : ...... .. .... ..A .~.~_,_. .... ...., ~~ F S l~ ST AMERS C AN H ERS TAGS T = TL E COMPANY 950 S. CHERRY ST., SUITE 120@ DENVER, CO 80222 (303) 322-2222 ' 8C8BDULg A 1. 2. Commitment Noe K001020-2-B93 Commitment Date. DECEMBER 23, 1993 at 8:00 A.M. Policy or Policies to be issued (a> Owners Policy - Proposed Insured: Policy Amount 5155,000.00 ST. IVES REAL ESTATE, A PROPRIETORSHIP 3. 4 (b) Loan Policy - Proposed Insured: J. GALEN HUITT, HELEN ANN HUITT AND DONNA LEE HUITT (c) Proposed Insureds 5117,500.00 50.00 Fee simple interest in the land described in this Commitment is owned, at the Commitment Date byi J. GALEN HUZTT, HELEN ANN HUITT AND THE HEIRS} OR DEVISEE(S) OF DONNA LEE HUZTT, DECEASED, SUBJECT TO ADMINISTRATION BY THE PERSONAL REPRESENTATIVE OF THE DECEASED'S ESTATE. PLEASE REFER TO SCHEDULE B-1 OF THIS COMMITMENT FOR REQUIREMENTS PERTAINING TO SAID ESTATE. The land referred to in this Commitment is described as follows: THE EAST 264 FEET OF THE NORTH 750 FEET OF THE SW 1/4 SE 1/4 OF SECTION 21, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH P.M., EXCEPT THE NORTH 20 FEET THEREOF AND EXCEPT THE WEST 15 FEET THEREOF AND EXCEPT THE EAST 20 FEET THEREOF AND EXCEPT THE SOUTH 230 FEET OF THE EAST 264 FEET OF THE NORTH 750 FEET OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 21, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH P.M., EXCEPT THE WEST 15 FEET THEREOF, AND EXCEPT THE EAST 20 FEET THEREOF, EXCLUDING ANY PORTION OF THE ABOVE DESCRIBED PROPERTY NOT LOCATED IN THE EAST 8 ACRES OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 21, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH P.M., COUNTY OF JEFFERSON, STATE OF COLORADO (for informational purposes only) (SEE CONTINUATION OF SCHEDULE A ON NEXT PAGE) (CONTINUATION OF SCHEDULE A) PREMIUM, Owners........... 3780.00 Mortgage......... S60.00 Mortgage......... S0.00 Tax Cert......... 515.00 JAN 4, 1994 ilm JR SPECIAL TAXING DISTRICT NOTICE {A Notice Given In Conformity With Section 10-1i-122 C.R.B.) The subiect land may be located in a special taxing district= a certificate of taxes due listing each taxing jurisdiction shall be obtained from the county treasurer or the county treasurer's authorized agent= and information regarding special districts and the boundaries of such districts may be obtained from the board of county commissioners, the county clerk and recorder, or the county treasurer. - /Z:,~~-1~3 i ~/E/6//,t~0~c~~~ tilE~-r"inlG y ~~ 4 NOTICE OF NEIGHBORHOOD INFUT MEETING FOR REZONING Brookside HDmes, Tnc. = IS PROPOSING A REZONING FROM R-1 A-1 , TO PUD ON PROPERTY LOCATED AT 10241 Pest 38th Avenue tdheat id r THE LOCATION OF THIS MEETING 2S City Hall, 500 iJ, g h AveQueg~,iheatridge, CO THE TIME AND DATE FOR THIS MEETING IS~scTay,-Uecem er ° THE PURPOSE FOR THIS PROPOSAL IS To deve o r }'at 6._30 P_;~i. homes with the emphasis on a maintenance ree commPnitopeith andensityloffle~syt~id~tached six homes Der acre fos "empty nesters" Irving at home peoale who s ch;l P no Ion~;er .~ ~~~_ ~~~y ar wneat Ridge has adoptee a requirement that, prior to application for rezoning of property to a higher use, or for properties in excess of one (1) acre, and for Special Use Permits which allow a special use of land, ar. applicant must notify all residents within 600 feet and invite them to a Neighborhood Input Meeting. The purpose for this meeting is to allow the applicant to present his proposal to the neighborhood and also to allow the neighborhood to express directly to the applicant, their concerns, issues and desires. A staff planner will attend the meeting to discuss City policy and regulations and the process involved, however, the planner will remain impartial rega=ding viability of the project. Keep in mind that this is not a public hearing. Although a synopsis of the meeting will be entered as testimany, it is the public hearings in front of Planning Commission and City Council where decisions are rendered. If you want input in the decision-making process, it is imperative that you attend the public hearings. The kinds of concerns residents normally have include the following: * Is the proposal compatible with surrounding land uses and zoning? * Are there adequate utilities and services in place or proposed to serve the project? * What is the impact on our streets? * Where will the storm drainage go? * How will the project be designed to enhance rather than detract from the neighborhood? * What specific changes can be made in the proposal to make it more acceptable to me? After attending the following space and concerns, issues or proposal. Please s required to provide application. - 260 -3od (',err c - -'r~.cu~.^' u1 N~- ,~-~, r inl tom,---1- -r-o See. x,... ~ f~l 'nc:a i ~~e,^-ces c ~ 1 ~ ji ~ ~ ~ ~:.: ~~~.' ~.k ~ ~ 1 ~.- .,. . J ± !+~c-( ~-~~ v _.:_ /, _ .. . w - '~ /~S~ PHONE ~JRN SJa~nlSn rJ z~oC~1 r~t/4 (IJI1 ~ y.n 1.1 w!~31f~~/ PRINT NAME ADDRESS '^L0~'r' ~~fSM!(~e~c Cy- <pc>notice/neighborho~dmtg/zk ~Jp ~ ~,2 /-~O`JS /tF(~ ~~ Neighborhood Input Meeting, please use the the back of this form to list any specific suggestions which you may have regarding this Cgn it and give it to the applicant, as he is these forms to the City along with his 7500 WEST 29TH AVENUE P.O. BOX 638 The City of WHEAT RIDGE. CO 80034-0638 (303) 234-5900 City Admin. Fax # 234-5924 ~Wh e at Police Dept. Fax # 235-2949Ridge February 14, 1994 The Wheat Ridge Department of Communit Develo ment has received a re for Y p - quest Your response.to the followin ~ at the property described below. would be appreciated b g 4uestions and any comments ,on this proposal y -F°br"""" ~'° '""- No response from you by th s ~ date will constitute no ob3ections or concerns regarding this proposal. CASE NO: WZ-9-3/St. Ives LOCATION; Approximately 10241 West 38th Avenue _ REQUESTED ACTION: Rezone from A-1 & R-1 to Planned and for approval of an outline development plan PURPOSE: Construction of 115 patio homes APPROXIMATE AREA: 22.6 acres Residential Development 1. Are public facilities or services provided by your agency adequate to serve thj„~sdevelopment? YES ~ NO-- If "NO", please explain below. 2• Are service lines available to the development? YES NO I,f "NO" ple se xplain below. rr sa.~,e,, ~~t,.~,es w~vst be ~-F~~ed~y ~wv1~w^ a~- l~.s Q,,u-v~ crosT 3. Do you h~ 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 rule nd regulations? YES ~/~~,, If NO "" please explain below. 5. Are there any concerns or problems your agency has identified which would or should a feet appro a of this request? / +krrss rat s6wG~ ~, w, 41 s~ ,'~.K, w ~t! re~~,~ a,c~rQ~R~I-e c~nc1 Please reply to:l-'/-l~eG~ t~r~~,~~~ ~Q,,,e Pµt Department of Planning & Development DISTRIBUTION: X Water District_(Con. Mutual iSani_T-a~ion_.I2i~trict (V,Test,Ldge~ X Fire District (Wheat Ric~:je Adjacent-City ( ~ X Public Service Co. X US West Communications State Land Use Commission State Geological Survey Colorado Dept. of Transportation X Colorado Div. of Wildlife X TCI of Colorado Jefferson Co. Health Dept. X Jefferson Co. Schools X Jefferson Co. Commissioners Denver Water Board W R Post Office X W R Police Dept. X W R Public Works Dept. X W R Parks & Recreation Com: W R Forestry Div. W R Building Div. <pc>referralform r, K,,,,,,,,,,,,,,,,, 3 L W 7500 WEST 29TH AVENUE _ P.O. BOX 638 ThB City Of WHEAT RIDGE. CO 80034-0638 (303) 234-5900 - -~- ~Wheat City Admin. Fax # 234-5924 Police Dept. Fax k 235-2949 Ridge February 14, 1994 The wheat Ridge Department of Community Development has received a request for aonrc"al n~ _ frnm a..,-, ..,.~~.____. _ Your response to the followin at the property described below. would be a 5 questions and any comments on this proposal ppreciated by Febr,ar. ~a~ ~9g4 No_response from you by this date will constitute no objections or concerns regarding this CASE NO: WZ-9¢3/St. Ives proposal. LOCATION: Approximately 10241 West 38th Avenue REQUESTED ACTION: Rezone from A-1 & R-1 to Planned Residential Development and for approval of an outline development plan PURPOSE: Construction of 115 patio homes APPROXIMATE AREA: 22.6 acres 1. Are public facilities or services provided by your agency adequate to serve this development? YES NO If _,"NO", please explain below. 2. Are service lines available to the development? YES ~, NO -.-. If "NO", please explain below. 3. Do you have adequate capacities to service the development? YES NO If "NO", please explain below. 4• Can and will your agency service this proposed development subject to your rules and regulations? YES NO If "NO", please explain below. 5. Are there any concerns or problems your agency has identified which would or should affect approval of this request? ~i Please reply to:r~~L'~fG"-e.CC~~G~~/C~~.c~- Department of Planning & Development DISTRIBUTION: X Water District (Con. Mutual X Sanitation District (Westridge) X Fire District (Wheat Ric-Dge Adjacent City ( ~ X Public Service Co. X US West Communications State Land Use Commission State Geological Survey Colorado Dept. of Transportation X Colorado Div. of Wildlife X TCI of Colorado Jefferson Co. Health Dept. X Jefferson Co. Schools X Jefferson Co. Commissioners X Denver Water Board W R Post Office X W R Police Dept. X W R Public Works Dept. X W R Parks & Recreation Com. W R Forestry Div. W R Building Div. <pc>referralform ~~ rt~~~~~o-•,r v~,v,~ 3 . si~P' pre Op~A GOVNiV p`e( ? ~. -1 y N LL o JEFFERSON COUNTY PUBLIC SCHOOLS 1829 DENVER WES7 DRIVE / BUILDING 27 / GOLDEN, COLORADO 80007 / (303) 273-6500 SOlORP00 n PLANNING COMMENTS JEFFERSON COIINTY SCHOOL DISTRICT NO. R-1 PLANNING SERVICES DIVISION EDIICATIONAL SERVICES CENTER 1829 DENVER WEST DRIVE GOLDEN, COLORADO 80401 SIIBDIVISION NAME: Kipling Township LOCATION: 10241 W. 38th Avenue DATE: Feb. 28, 1994 AREA: 0393 STATIIS: Rezone, ODP Number and Type of Dwelling Units: 115 SFA Total Dwelling Elementary Junior Senior Total Units Yields Yields Yields Yield 115 SFA .34 TOTAL FROM THIS PROPOSAL: 39 Elementary 16 Middle School .14 .12 .60 14 Senior High 69 Total It is estimated that costs to provide classroom facilities for the students anticipated from this proposed development will be $703,488. Currently students from this proposed development will attend: Prospect Valley Elementary - 3400 Pierson St, Wheat Ridge 80033 Everitt Middle School - 3900 Kipling St, Wheat Ridge 80033 Wheat Ridge Senior High School - 9505 W 32nd Av, Wheat Ridge 80033 Page 2 Comments Kipling Township, Rezone, ODP The present capacities and enrollments for these schools are: ENROLLMENT _ CAPACITY 10/93 94/95 95f96 ! *PPC NEW ADDITION **NEW PPC Prospect Valley 424 433 ;^~k43 351 4 459 Everitt 737 753 ! 768 754 0 754 Wheat Ridge 1456 1477 °'1449 :' 1312 0 1312 PPC - Pemranent Program Capacity represents the number of student spaces that are available if there are no temporary buildings at the school. *• New PPC -New Petmanem Program Capacity: We PPC + We New Additions Capacity. This represems the number of swdent spaces that will be available at the school when additions or additional spaces ere cws[tucled from Eae 1992 Bond Issue. NOTE: These are estimates from School District computations. They are subject to change and are for planning purposes only. SCHOOL DISTRICT PLANNING COMMENTS: Prospect Valley Elementary is currently using one temporary classroom and Wheat Ridge Senior is using four. The School District would request fees in-lieu-of land dedications for this plat. In that regard, the School District also requests that the computation of-fees be calculated based on the full market value of the land per acre as zoned and improved for residential purposes as opposed to raw land or any value based upon prezoning approval. Any fees in-lieu-of amounts would be held in escrow accounts for future application by the School District in accordance with our procedures and the Jefferson County Land Development Regulations. Based upon projections from this development and subdivisions in this area which have been approved or are pending approval, school capacities are currently inadequate to serve the anticipated student population from this proposal. The recent passage of the Page 3 Comments Kipling_Township, Rezone, ODP Bond Issue on October 6, 1992, will provide a four classroom addition at Prospect Valley and various improvements at all three schools at a cost of $8,741,800 for this area. ~ ~ ~~ Kathy A. Tully Property Management/Planning Services /7P xc: Wayne Carle Bob Sparks Linda Glandt Dick Ransom Dave Hendrickson Central Transportation Jeff Hall -- ~ MEMORANDUMS Approved Date TO: Meredith Reckert, Planner FROM: Greg Knudson, Development Review Engineer DATE: February 22, 1994 SUBJECT: 10241 W. 38th Avenue, WZ-9-3/St. Ives Public Works has reviewed the site plan for the above referenced project, and has the following comments: 1. We will need a drainage study. 2. We will need a complete set of construction drawings, which includes an erosion_control plan. 3. We will need a copy of the approved NPDES permit. 4. We will need a traffic impact study. 5. We will need 10 feet of right of way dedication on Miller Court and a quit claim deed for 38th Avenue frontage. cc: Steve Nguyen, Civil Engineer G?/`~/;;!' ,._.3,i `~,~3G8 201 'i~'7= 1~YZDFT_,-Cari;i:,;?L STATE OF COLORADD • Roy Ramer, dovernor DEPARTMF-NT OF NATURAL RES0URCES DIVISION ~7F WILDLIFE RN EQUAL OPPORTUNITY EMPLOYER Perry D, Olson, Directory 6060 Broadway Denver, Colnradp 8021E Telephone: (303) 287-1152 February 25, 1994• Meteditlt Reckext PlanninroiDept.i The City Of Wheat Ridge 7500 W. 29th A~ ve. P.O. Box 638 Wheat Ridge, Gt7 80034-0638 Re: case no. W~-9-31 St.Ives Dear Ms. Reckert: rrGG3/JGv REFER TO For Wildlife- For People The above men~ioned property should be considered fair to good wildlife habitat. tit has been disturbed In the past, and is not "pristine". It is composed of mature deciduous trees, grasses and other native and non-native plants, and to some extent weeds. All of these are used by wildlife. The developrneht will impact wildlife, but these impacts can be mitigated. The two proposed detention pond lareas should be re-vegetated with native grBSSes, and left iri a natural state. It will be a bane jt to wildlife if all of the proFwsed trees aze planted. This will make up far the mature trees that will Cerpinly be lost during construction. When landscaping along the streets, a mixture of differettt tree species should be used. I would lye happy to send a fist of beneficial braes to wildlife to you i€ needed. Thank you for ;this opportunity to comment on land use in The City of Wheat Ridge. H you have any questjons, feel free to contact me. Sincerely , ! ~ 7ahn Haod ~ Distal Wildlife Manager (303}291-7227! DEPARTMENT DF NATURAL RESOURCES, Kenneth L. Salazar, Executive Director WILDLIFE COMMISSION, Thomas M. Eve, Chairman • Louis F. Swift, Vice-Chairman • Arnold Salazar. Secretary Jesse Langston Boyd. Jr., Memher • Eldon W. Cooper, Member • Rebecca L. Frank, Member William R. Hogberg, Member • Mark LaVall¢y, Member • THE CONSOLIDATED MUTUAL WATER COMPANY 12700 West 27th Avenue P.0. Box 150068 LAKEWOOD, COLORADO 80215 Telephone 238.0451 February 25, 1994 Ms. Meredith Reckert City of Wheat Ridge Department of Planning and Development P.0. Box 638 Wheat Ridge, Colorado 80034-0638 Re: City of Wheat Ridge Case Number WZ-9-3/St. Ives, proposed rezoning from Agricultural-One (A-1) and Residential-One (R-1) to Planned Residential Development, and for approval of an outline development plan Dear Ms. Reckert: This will acknowledge receipt of your correspondence dated February 14, 1994 regarding the above referenced property. Please be advised that the above referenced property is in an area served by The Consolidated Mutual Water Company by virtue of a Distributor's Contract with the Denver Water Board. Domestic water service may be provided to this property subject to compliance with the Company's rules, regulations and requirements for such service as well as the water tap allocation policies as established by the Denver Water Board. The Company's rules, regulations and requirements further require that each separate structure be served by a separate tap and meter, and in order to receive domestic water service, the property must also front a Company main. If the future planned use o£ this property is within any of the above categories, the owner, engineer or architect should contact this office as soon as possible so that we may determine what water system improvements will be needed to serve this property. Fire protection requirements should be obtained from the Wheat Ridge Fire Protection District and those -requirements forwarded to this office at the earliest possible time. If you have any questions or comments regarding this correspondence, please contact this office. Sincerely, CITY ^- ~.,,~.~ ,-- -_ " 4T RIDGE Michael E. Queen ~ '~r`3~n Water Distribution Manages 'I_ ` ~E3 2 8 1994 MEQ: j 1 _ cc: St. Ives Real Estate, Applicant PLANNING & Dave Roberts, Fire Protection District D~ELGP,MENT Walter Welton, PLS/PE, CMWCo President John Allen, CMWCo Junior Engineer lU~I~T ~IDG~ ~I~~ ~~~1~C110~ DISK ~Y[~dE~W~EAT RIDGE P.O. Box 507 '~'-'-'- 3880 Upham Street ~ r.. ".V.n,) Wheat Ridge, Colorado 80034 ~c, :` 2 ~ (303) 424-7323 ~--, ; j ~ `, Date: February 25, 1994 PLAid(~!:'u u DEVELOPMENT To: Meredith Rechert, Department of Planning and Development, City of Wheat Ridge. From: David Roberts, Fire Marshal, Wheat Ridge Eire Protection District. Subject: Case No.: WZ-94-3/ St. Ives Location: Approximately 10241 W. 38 Ave. Requested Action: Rezone from A-1 & R-1 to Planned Residential Development and for approval of an outline development plan. Purpose: Construction of 115 patio homes. Dear Meredith, After a review of the current plans submitted regarding this case, I am requesting the developer address the following concerns and meet Fire Code requirements in order to gain approval from the Fire District.°- 1. There is a possible "Dump" (refuse) site located on this property. Developer must provide adequate documentation from a recognized source that there is no below grade gases on site, ie: methane, that will endanger the construction of and or occupants of the development now or at a future date. 2. Specify the type of security desired at the main entrance of the development. Card/key access is unacceptable. Suggest 24 hr. guard service at all times if security is an issue. 3. Secondary access point needs to be revised in order to prevent delayed entry in the event main entry is not accessible. Contact Fire Marshal Office to solve secondary access question. Be advised that secondary access must remain accessible under any and all conditions with no delay built in. 4. Turn radius in culdesac's do not meet minimum turning requirements for emergency vehicles. Turn radius must be minimum of 45 feet unobstructed width. 5. Part of the streets are designated as private streets. Will parking be allowed on both sides of the 28 feet wide streets? If parking is allowed on both sides of the street, this will create a 20 foot right of way for emergency vehicles and can impede the ability of the vehicles to negotiate corners. 6. If parking on the streets is allowed, how will parking violations be handled? 7. Fire hydrants must be located not further than 300 feet apart, with hydrants located at the end of each culdesac. 8. How and who will be responsible for clearing and maintaining streets within the development during inclement weather. Road ways will have to be maintained year around. 9. Will there be additional traffic control devices put in place for the main access drive to this development? 10. Hard surface access and fire hydrants must be installed and active before allowing storage of combustibles and above grade construction on development site. These must remain in place at all times regardless of weather conditions or project work will be stopped. 11. The fire department reserves the right to comment and act on any changes or additional requirement regarding unforeseen items not mentioned as of the time. 12. Fire flow requirement for the project is 1200 gallons per minute. If the developer wants shake shingles used for roofs, an additional 500 gallons per minute must be added to 1200 gallons per minute to meet minimum fire flow requirements. 13. Have developer contact Fire Marshal's Office at 424-7323 regarding concerns he may have with the above issues. R~fully, David Roberts Fire Marshal Wheat Ridge Fire Protection District cc:file '~ J 7500 WEST.29TH AVENUE P.o. sox s3s The City of WHEAT RIDGE. CO 80034-0638 (303) 234-5900 Wheat City Admin. Fax n 234.5924 Police Dept. Fax ;# 235.2949 ~1C~g'e March 1,,1994 Mr. Jerry York .York Engineering & Surveying Services 1827 Federal Boulevard Denver, CO 80204 Dear Mr. York: I have reviewed your submittal for the Kipling Township outline development plan and have the following comments: 1. The site data breakdown is 'unclear as to the amount of building, parking, drives and open space, etc. 2. What is included in "public rights-of-way?" If the internal roadways are to be private, then they should not be included in this calculation. Please provide data for public versus private rights-of-way. 3. What is included in landscaped open space? Section 26-25(1)(8) requires that a minimum of 25$ of the land within the PRD be landscaped. Please indicate how this will be met with common and private open space. -. 4. A description of the street system needs to be included which addresses maintenance and on-street parking. 5. Does parking at two spaces per unit include garages? 6. The Department of Public Works will require turn lanes along West 38th Avenue into and out of the property. 7. The Parks and Recreation Commission will be reviewing the proposal regarding potential trail access to-Lena Gulch and standard parks dedication requirements. >8_. A statement needs to be added regarding building materials to be used. 9. There are problems with the legal description which has already been discussed with Ron Powers. 10. Signature blocks with notarial block need to reflect current ownership. 11. The Public Works Department is concerned with the lack of sidewalks along both sides of all drives in regards to ADA requirements, and they are'boncerned with lack of cul-de-sacs or adequate vehicular turn grounds at the end of several of the dead end private drives. Attached are responses received from outside agencies. Of particular concern is the February 25, 1994 letter from the Wheat Ridge Fire District. v r. ...., r., . i Mr. Jerry York Page 2 March 1', 1994 Many of the concerns or questions expressed are issues that can be addressed at the Final Development Plan step. However, it is' important to be prepared to discuss the issues at the public hearing on the Outline Plan, though you don't need to have final solutions detailed. If you have questions concerning any of the items listed above, do not hesitate to contact meat 235-2848 or Glen Gidley at 235-2844. Sincerely, `~~~;~ Meredith Reckert Planner MR:slw cc: WZ-94-3 David Dertina Carl Cerveny x YORK ENGINL~cRING & SURVEYING SERVICES, INC. • 2~°~~`~ ~c~ MEMORANDUM CIVIL STUCTUAAL MECHANICAL ELECTRICAL SURVEYING T0: Dave Roberts, W idge Fire Protection District FROPf: Jerry York DATE: March 2, 1994 RE: WZ-94-3/St. Ives - i ling Township/Fire Department Concerns Following is a summary o our understanding of the agreements reached during our meeting with Dave Dertina, the developer and yourselves in your office today. These are addressed in the order they were listed in your review letter dated February 25, 1994 to the City of Wheat Ridge. 1. Possible Dump Site: The developer agree s_ to remove and dispose of any organic fill materials presentl,v existing onsite in a suitable manner. We have not yet conducted any soils investigation of the site. At that time, the entire site will be thoroughly investigated and any insoluble materials will be removed. 2. Main Entrance Security: The developer intends to provide a ,guard at the main entry during the daylight hours. In the evening and overnight we agreed that the entry gate can be controlled with an "Opticon" system as long as there is emergency backup power. Also, a portion of the gate shall be designed to break away under a minimum of 10 ft. lb. of force. 3. Secondary Access F:int: We have agreed that the secondary access at the northwest corner of the site should be a 20' wide unobstructed asphalt surface with a gate, Opticon system, emergency power and break away fence similar to the main access. We need to further discuss the trail system at the northwest corner of the site with the City of Wheat Ridge. 4. Turn Radius of Cul-de-sacs: We agreed that the turn radius in cul-de-sacs must be a minimum of 45' unobstructed radius. Dead end streets without turnarounds are acceptable but no longer than 150'. The dead-end drive extending to the southeast corner of the site exceeds 150' but will be acceptable without a turnaround by the Fire Department for a period not to exceed five years, since it is planned to be extended as part of the Phase II expansion of this project to the east . (303) 455-3467 1827 FEDERAL BLVD. (708) 318-0160 DENVER, C080204 9575 W. HIGGINS RD., SUITE 560 ROSEMONT, IL60018 F { I I I MEMORANDUM Dave Roberts Piarch 2, 1994 Page Two 5. Street Widths: The Fire Department has suggested the street widths be increased from 28' wide to 34' wide to conform to City standards. This would allow parking on either side of the street and a minimum of 20' right-oP-way for emergency vehicles. down the center. We will discuss this with the developer and the City to determine their willingness to accept the streets as public. 6. Parking Violations: This item also needs to be reviewed with the City to verify they will accept responsibility. 7. Fire Hydrant Locations: Generally, fire hydrants will be located at intersections, at the ends of cul-de-sacs and along continuous runs of street and not more than 300'. apart. A proposed fire hydrant layout plan will be prepared for the Fire Department's review before final engineering proceeds. 8. Clearing and Maintenance of Streets: This item needs to be discussed further with the City of Wheat Ridge regarding their acceptance of these streets for maintenance. 9. Additional Traffic Control Devices at Main Entry: If the traffic study warrants an additional traffic control at the main entry, and the City agrees, the developer will assist with ~.*- ^onstruction. 10. Hard Surface Access and Fire HydrFnts for Construction: It is urd=rstoo:l that the water mains, fire hydrants and a hard driving surface (possibly road base) must be in place before framing can begin on the site. It would be acceptable to con• ~.. ~t the foundations below grade on t,_v site prior to completing these improvements. 11. Additional Fire Department Comments: We understand that the Fire Department may review and comment on any changes or additional requirements regarding unforeseen items. 12. Fire Flow Requirement: We understand the fire flora requirement for this project is 1,200 gallons per minute. The developer intends to use a masonite type of shingle which will not require the additional fire flows for shake shingles. (~ .L ~ . MEMORANDUM Dave Roberts March 2, 1994 Page Three 13. We will be in contact with the Fire Marshall's office in the future regarding any additional concerns they may have. Please review each of the above items at your earliest convenience and advise us if you are not in agreement or have any additional comments or clarifications, otherwise we will assume that they are acceptable as summarized. cc: Dave Dertina, St. Ives Realty Meredith Rechert, City of Wheat Ridge i ... ~ ...5.. .,~, . YORK • ENGINEERING. - & SURVEYING ,, SERVICES, INS.; ;• ` ' ~..: ~. , TO: FROM: DATE: RE: a~~l,y 3 ..~ w • ' ~. ' , ~ ~ ag ~.. °. rth ~ X F N ~, y f rR~ .Y. g ~ ~ ~ ~ ~ 0 ~,~ ~ MEMORANDUM . :9'~ 9 P' :.: C ~w bY• ~: :• ~ . M,k i e Queen,, Consolidated MutUal.Water Company Jerry-York -' March 7x 1994 Kipling Townsl • .., 4 . s .?~, s >' ~ iip .Water Department Concerns X~.^ ~ ,. .ice, CIVIL S7UCTURAL MECHANICAL ELECTRICAL SURVEYING ,~ 13F W~ ~ n ~tt)U~ U .ARR. .. ~ EI.OPMEN PIANNING & DEV Following is a summary~of ourunderstanding of the agreements reached during our meeting with David Dertina the developer and yourselves in your office March 3, 1994. Please review each of the items at your earliest convenience"and advise ua if you are not in agreement or have, any .additional`; comments 'or clarifications, otherwise ,we will,assumg`they..are,acceptable as summarized. ~ . ,: , 1. We reviewedi..a,copy o£ the°outline development plan for the project and you'have'indi~ated that there is sufficient water ' in the district to._supply--the proposed development. There is also adequate .flow ,to provide ,the. 1, 200 gpm minimum fire flow requested by tk~,e Fire Department, and the pressures will range from 95 to 100•. psi. "" 2. We have agreed to provide fire` hydrants at the ends of each cul-de-sac, a blowoff'.at the°end of the dead end private drive and fire hydrants no::more'than~300' apart along continuous portions of the.streets."' ; 3. At the northwest corner 'oY the' site there will be water easement extending west to Miller 'Court. We are uncertain whether this should be a 30' PUD or a 50' non-exclusive. This item needs to be discussed further with Wheat Ridge in view of their interest ,in providing g tFail 'access through this area. 4. Consolidated Mutual. will design'-and construct the water main system for .this project. YE5S.wi11 provide horizontal geometry on disk. .The District will. require a $6,500.00 engineering deposit with an application before initiating design. Upon completion of design a cost estimate for the system will be made and a letter will be sent to the developer requesting payment. Once the District receives a check from the developer they will, begin,conatruction.,;~ ' 5. It is anticipated that the design will take approximately four weeks and them require approximately six weeks for approval by the Denver Water Department. ,,•Cpnstruction can begin following approval andp: take eight, t~,~ tcaif'weeka. to, complete. (303) 455.3467 Rt _" 1827 FEDERAL BLVD.; '~ ` ~ (708) 318-0160 DENVER, C080204 ~~. ~ ' _ 8575 W. HIGGINS RD., SUITE 580 ,G . , - ROSEMONT, IL60018 ~. i , .~ • '. ~ .~. :;p '.~4' I~ 9 :~ Y^ ~. I b~ - Y~+~ ~ - i ~.. ~ ~ w ~. * ~ _ .1 .~ ' 's f ~ ± ~ . U M I ~~ . *~~ .4 ~ .. MEMORANDUM '.'~ Mike Queen P~', , March 7, 1994 '_ - '" ' ".~..• Page Two ., '[. o '.e ,o r s a . .t ... ~ .. , .1 ~ r.•~ 6. The sanitary sewer ,mains must be in place before water mains can be installed. Construction of these can proceed simultaneously if ,necesaary.`~;_.,Ttap fees will be approximately $9,800.00 per lot., ::` ' ' ` 'a: 7. The general contractor can^~tap and set a curb stop for each lot upon payment of a $250.00 tag fee which is credited against the total tap Pee when it, is applied for. 8. The general contractor will be responsible for installing the meter pit meter and valves. #300.00 of the tap fee will apply to the cost of: the meter. ., ~ . 9. Consolidated Piutual will require water main easements to be dedicated to the water company~.prior to approval of the final ;~ , ;... plat. _,.. ,; ,~: , l0. Mike will discuss within the company the possibility of joint trenching of water and sanitary services from the main to the house. We briefly discussed the advantages for this type of project and he indicated,-he•wauld get back to us in the next few days. "•,` ,~; •- ~ . ,;, y . . This summarizes our understanding of the points discussed during the meeting. Please contact us if you have any questions or are not in agreement. ' ' }~ ,a ~; , . cc: Dave Dertina - St. Ives Realty Meredith Rechert - City of Wheat°Ridge . .~,§ (.dq ~ ~~ , +°',` mil THE CO1`~oLIDATED 11~L'TUAL V~~A~~ COMPANY' 12700 West 27th Avenue P.O. Boa 1i006R LAKEWOOD, COLORADO 802li Telephone 23R-Ovil March 1"t, 1994 CITY OF WHEAT RIDGE D -~- MAR 1 6 1994 PLANNING & OEYELO~NIENT Mr. Jerry York, P.E. York Engineering and Surveying Services, Inc. 1827 Federal Boulevard Denver, Colorado 80204 Re: Proposed Kipling Township Development - NW Corner of Kipling Street and West 38th Avenue Dear Jerry: Thank you for your memorandum dated March 7, 1994 regarding the above referenced project. We would like to submit the following clarifications and comments. 1. Domestic water supply for the project is subject to compliance with the Company's rules, regulations and requirements for such service and the water tap allocation policies, operating rules and engineering standards established by the Denver Board of Water Commissioners. Consolidated's By-Laws provide that the Company does not warrant a pressure or delivery of water_ As_- a condition of extending water service to this property;- the "Construction Application" has a specific disclaimer that we do not offer or represent 'the Company's ability to supply water for fire protection service, but merely permit connections for such service. Fire flow data is provided for informational purposes only and should not be construed as a commitment to provide a given flow rate at a given residual pressure. The fire protection requirements for this project have been established by the Wheat Ridge Fire Protection District (WRFPD). 2. The locations of the fire hydrants are subject to final approval by WRFPD. 3. The easement at the northwest corner of the property will have to meet Denver Water's standards. If there is a thirty (30) foot-wide paved surface, a P.U.D. format would work. If it is a "soft" surface, then you should ,plan on a 50-foot non-exclusive. If it is to be a public right-of-way, 50 feet-will be needed. If the trail is going to be in an easement to the. City, we will have..to have .our agreement executed and recorded first to preserve the dominate right. Mr. Jerry York York Engineering and Surveying Services, Inc. March 11, 1994 Page 2 4. In addition to the Construction funds, a Construction Agreement is also required. Upon receipt of the agreement and funding, materials are ordered and the project is scheduled for construction. The sooner the developer makes this happen, the better chance he has of getting a time slot that meets the project needs. 5. See 4 above. 6. All underground utilities requiring proper vertical alignment should be in place (i.e.: sanitary and storm sewer). There are stub-in fees payable both to Denver -and Consolidated. Denver requires a stub-in permit and $250 plus a tapping charge of $80 for a total of $330. Of that, $225 is credited against the system development charge of $3,820, when the actual license is applied for. Consolidated requires a tap application and $168.49 - $68.49 is for stub-in materials. The balance of the meter package is about $230. Note that $lOD of our stub-in fee is not refundable nor is it credited to any portion of the tap purchase. In addition, Consolidated, has a stock requirement of five (5) shares to support a 3/4-inch meter. The Capital Stock is presently priced at $1,100 per share or 55,500 per five (5) share block. Total cost of a stub-in is right at $500. Total cost of converting that stub-in to an active tap is $9,700 (+/-) less the $225 credit Denver allows and the material credit of $70 we allow. Please keep in mind that all prices stated herein are subject to change at any time and without notice. 8. Denver Water makes the actual tap on the main and the owner's contractor, who must be bonded with Denver, installs the service line from the main to the curb stop and box. We inspect all installations from main, up to, and including the meter and pit. 9. Item 9 is correct as stated. 10. Joint water and sewer trenching may be allowed only in special cases where there is insufficient room or interference from other utilities. Unless it can be shown that there is a special circumstance, the standard ten (10) foot horizontal separation between water and sewer service laterals will be required. • Mr. Jerry York York Engineering and Surveying Services, Inc. March 11, 1994 Page 3 I believe the above clarifies the points discussed in your memo and if you have any questions, please do not hesitate to contact either Mike Queen or myself. Sincer ly, ~.~~`~ Walter S.faWelton, PLS/PE President WSW:rm cc: David Dertina, St. Ives Investment Real Estate Meredith Reckert, Department of Community Development City of Wheat Ridge Michael E. Queen, Water Distribution Manager 1 NOTICE OF PUBLIC HEARING Notice is hereby given that a Public Hearing is to be held before the City of Wheat Ridge Planning Commission on April 7, 1994 at 7:30 p.m. at 7500 West 29th Avenue, Wheat Ridge, Colorado. All interested citizens are invited to speak at the Public Hearing or submit written comments. The following petition shall be heard: 1. Case.No. wZ-94-3• An application by St. Ives Realty for approval of a rezoning from Agricultural-One, Residential-One and Residential-Two to Planned Residential Development and for approval of an Outline Development Plan. Said property is located at 10241 West 38th Avenue and is legally described as follows: A parcel of land situated in the Southeast one-quarter of Section 21, Township 3 South, Range 69 West of the Sixth Principal Meridian, Jefferson County, State of Colorado, more particularly described as follows: The East 264 feet of the North-750 feet of the Southwest one- quarter Southeast one-quarter Section 21, Township 3 South, Range 69 West of the 6th P.M., except the North 20 feet thereof and except the West 15 feet thereof and except the East 20 thereof and except the South 230 feet of the East 264 feet of the North 750 feet of the Southwest Quarter of the Southeast Quarter of Section 21, Township 3. South, Range 69 West of the 6th P.M., except the West 15 feet thereof, and except the East 20 feet thereof, excluding any portion of the above described property not located in the East 8 acres of the Southwest Quarter of the Southeast Quarter of Section 21, Township 3 South, Range 69 West of the 6th P.M., County of Jefferson State of Colorado. and including The West one-half of the Southeast one-quarter of the Southeast one-quarter of Section 21,,TOwnship 3 South, Range 69 West, except any portion which may lie within 38th-Ave., and except: A part of the West one-half of the Southeast one-quarter of the Southeast one-quarter (W 1/2 SE 1/4 SE 1/4) of Section 21, Township 3 South, Range 69 West, more particularly described as follows: beginning at the Southeast Corner of said W 1/2 SE 1/4 SE 1/4; thence West 120 feet, thence North 80 feet, thence in a Northeasterly direction 137 feet to a point which is 148 feet North of place of beginning. • e and including All that part of the West one-half of the East one-half of the Southeast one-quarter of the Southeast one-quarter of Section 21, Township 3 South, Range 69 West of the 6th P.M., City of Wheat Ridge, Jefferson County, Colorado, lying north or northerly of center line of a certain stream commonly called Dry Creek together with a strip 20 feet wide to be used for road purposes along the East side of that portion of the West one-half of the East one-half of the Southeast one-quarter of the Southeast one- quarter lying south of center line of said Dry Creek being a roadway connecting the first above described tract with West 38th Avenue, excepting therefrom that portion of the above described land as taken by the City of Wheat Ridge for the Lena Gulch drainageway as evidenced by order for immediate possession recorded October 10, 1980 at Reception no. 80076775 of the Jefferson County records, containing 1,302,493 square feet or 29.9 acres more or less.' 2. Case No. CUP-94-1: An application by the Sons of Italy for approval of a Conditional Use Permit for expansion of a private club within a Residential-Three (R-3) zone district located at 5925 West 32nd Avenue and legally described as follows: The S1/2 of the W1/2 of the SW1/4 of the SW1/4 of the NE1/4 of Section 25 Township 3 South Range 69GJ; except the south 30 feet thereof; except the west 25 feet thereof; and except the east 25 feet thereof; Jefferson County, State of Colorado. 3. Case No WZ-94-1/MS-94-1• An application by George Johnston and Linda and Cal Cummings for approval of a rezoning from Agricultural-Two to Restricted-Commercial, a site plan for development and a two-lot minor subdivision for property located at 4217 Xenon Street. Said property is legally described as follows: A part of the southwest one quarter of Section 20, Township 3 south, Range 69 west of the Sixth Principal Meridian, City of Wheat Ridge, County of Jefferson, State of Colorado, more particularly described as follows: Commencing at the point of intersection of the north/south center line of said Section 20 with the center line of West 44th Avenue, thence south 89050'00" west along said center line of west 44th Avenue 567.40 feet, thence south 0032'00" east along the west right of way line of Xenon Street 1054.50 feet to the point of beginning; thence continuing south 0°32'00" east along said west right of way line of Xenon Street 145.45 feet to the north right of way line of West 42nd Avenue; then south 89050'00" west along said north right of .way line of West 42nd Avenue 217.22 feet; then north 0°32'00" west 30.00 feet; thence south 89050'00" west -' ~ M -~,l 63.00 feet; thence south 0032'00" east 30.00 feet to a point on said north right of way line of west 42nd Avenue; thence south 89050'00" west along said north right of way line 147.00 feet; thence north 0010'00" west 145.55 feet; thence north 89050'00" east 426.25 feet to the Point of Beginning; cont fining 1.382 acres, more or less. ~ . Sa ra Wiggins, Se r ary ATTEST: Wanda Sang, City Clerk To be published: March 22, 1994 'Wheat Ridge Sentinel <pc>pnwz943/cup941/wz941.ms941 `t 4 . ~ P.O.BOX 638 TtLEPHOWE:303/237-6944 The Ciirw a! 7500 WEST 29TH AVENUE • WHEAT RIDGE. COLORADO 60034 ~1Vheat Ridge POSTING CERTIFICATION CASE N0. ~.1~ Z- ~ ~-j--3 PLANNING COMMISSION - CITY COUNCIL - BOARD OF ADJUSTMENT (Circle One) HEARING DATE: __~ f~l'`„ y ~~ T e~~ __ _ - I, ~tgv1 residing at __14~-? 3 W 3 n a m e a tl d r e s s CD ~ ~~D r as the applicant for Case No. Ly 2 _ ~ y _'3 hereby certify that I have posted the Notice of Public Hearing at [ 0 24-I w 3~7N W~~ ~N~ 3q~ 5 ~.~, ~ ~.~. c~ t o c a t i o n') on this z~~ day of ~~y,.,,z~ , ~g$'9tf , and do hereby certify that said sign has been posted and remained in place for fifteen (15) days prior to and including the scheduled day of public hearing of this ease. The sign w:~s posted in the position shown on the map below. ~ Signature• ~y NOTE: This form must be submitted at the public hearing on this case and will be placed in the applicants ease file at the Department of Community Development. ~ i P.O.SOX 638- _ -_ TELEPHONE:.303/237-6944__ -The-clfy O{ 7500 WEST 29TH AVENUE .WHEAT RIDGE, COLORAD0~80034 cWheat Ridge March, 22, 1994 This is to inform you that Case No. WZ-94-3 which is a request for approval of a rezoning from Agricultural-One, Residential-One and Residential-Two to Planned Residential Development and for approval of an outline development plan for property _ lbcated at 10241 W. 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 April 7, 1994 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 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 hearing. If you have any questions or desire to. review any plans, please contact the Planning Division. Thank you. PLANNING DIVISION C.6.1. "The Carnation City" i i I. I F $t f!r II i I ;~ i . _. { . j it .. t~ _ a ~ ifs e~~ ' W a ;, ~~ . , ,. .. E ~ , ,~ ...~ j. , C ~'I ~ ~ 9. ~, ~: 7.~~• ~ _ Y I T ~ ~ ~ M 'I NG} ° €' ' 'I C ~ ~ m ~ a ^ ~ W LL - U ~ ~ O LL ~ a U o i W ~ w ~~ -a .._. ~.. Y 6 N O 1 F~ pp~ ~ LLI ~ W ~" U! i .d w o ~I ~~ "'~ ~ a~ !I ~_ ~ s~ ~ .C. f w~ LI ~ Y 'ma v 'rt x^ '4L' ~ p ~$ ~ p F:. «~ ~ M &~` h O W ~ via ~ ~~ ~ _ ~ O R cv c; ~ q z a ~ F- - O Z w ~ ~ l ~, w w~ W I ~- ~ w w Z ~ ~ Q a v i. e ¢ w (n a ¢ ¢ ~ ~ (n h r v ¢ a _1 ~~~ 2g9 L99 E`L6 d 969 L99 E'C6 d ~ OOL L99 E'C6 d i -~ .-4,,.,e.~~.~...~..,_...._. . - _ _ F .~ ~ _ ,~ Y s m ~ c- a- ,.~ w ,. _ ?- -Ew m m.E .D-. 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P °Z3 X67 cos 1 =o ~~ DtA ~~~ n _,~_ .- - U I fn m m Z_. ~~O to ...v _f ,/ ~ O Z ~ ' m ~ ~ ~ i"f "' ~ m JJ -! m a ~ ~ W Q {r 4v y 1 /~. O Q ~ Iw ~ ~ j CF 4 ~ r `. ~(/ u. r '6 v q ~} y QYt~ ~ O . ~ ~ t„ oN ~ ion m ~9 v' , o pm ~~ K ^Y~ aim o f PL •1~ /f A ti a0 m ~ ~ r, G O zn~ E ~ w C ~ ~ ~$ _ \ ~ n °z" I ~ N ~~ ~_ ~ v ~ ~O _N t N Fo ~D c o :..: \ f~~.y 'ter ~a "_ A A v." A.~ r. y E;i I .:; ~~ 0 ~ [~ ~ .J x 6 °x ~ ! m i PLACE STICKER qT TOP ~~ ~ THE RIGHT OF RE OF ENVELOPE TO TURN gDDRESS. _ - ~., .~. ^>- :., n. ~, ~-~ ~, ~` ~ i I~/~I ~tt ~f Z - -~ 0 I oG .~i u l _ i G C C.~ ~~ m ~~ o ..~ =c ~ ~ r - aC ' ti ~ _ ..= IU~~RT ~IDG~ ~I~~ P~ROl~C1100 DISI~ICT P.O. Box 507 3880 Upham Street Wheat Ridge, Colorado 80034 (303) 424-7323 Date: March 30, 1994 To: Meredith Rechert, Department of Planning & Development, City of Wheat Ridge. From: David Roberts, Fire Marshal, Wheat Ridge Fire Protection District. Subject: Case No.: WZ-94-3/ St. Ives Location: Approximately 10241 W. 38 Ave. Requested Action: Rezone from A-1 & R-1 to Planned Residential Development and for approval of an outline development plan. REVISED O.D.P. SUBMITTED, RECEIVED BY FIRE DISTRICT, 3-29-94, REVIEWED 3-30-94. Purpose: Comment/requirement review of revised submitted plans, desired construction of 140 patio homes. Dear Meredith, After a review of the resubmitted plans concerning this case, I am requesting the following issues to be addressed as a result of the proposed changes: 1. The turn radius has been increased to the required 45 feet in the culdesacs, however, there is still a planter designated to be in the middle of the culdesac bulb that needs to be removed for adequate turn capability within the culdesac. 2. The issue of parking is still at hand if the private 28 foot streets are allowed. Again suggest this development be to minimum city standards for vehicle. access. 3. The issue of enforcement regarding parking violations if the streets are allowed to be private needs to still be addressed. 4. The issue of responsibility of street maintenance regarding access throughout the complex still needs to be addressed. 5. There may be additional issues and or requirements not foreseen at this time that will be addressed as they arise. i • On March 2, 1994, I met with Mr. York of York Engineering & Surveying Services, Inc. & Mr. Dertina of St. Ives Realty concerning the previous review of the first proposed development plan. 12 items were addressed regarding the meeting and a potential resolve was reached regarding 7 of the items. The other 5 issues involve acceptance of responsibility by the city. Previous issues and resolves listed on the first review are not and will not be negated as a result of the resubmittal and need to remain in place. Again, we reserve the right to review and comment on any and all additional changes that may occur with this development. We are willing to meet with any and all involved parties concerning this development and would like to see the resolve of the issues prior to presentation to Planning Commission. Respectfully, D~ob Fire Marshal Wheat Ridge Fire Protection District cc:file Public Service® March 31, 1994 City of WheatRidge P O Box 638 WheatRidge, CO 80033 OF jNHEAT RIDGE ~iPR 1 3 1.~i9~ ~~~ P1iaNN9NG & f3EYEl.~PAAE~IT, Public Service Company of Colorado 2701 W.7th Avenue Denver, CO 80204-4114 Public Service Compzny acknowledges receipt of the preliminary plans for St. Ives. #WZ-94-3 PROJECT TITLE After reviewing the proposed plans of the above-named project, we would like to suggest that the following requirements be indicated on your final plot plans and so indicated in the dedication: Eight-foot-wide easements are hereby granted for the exclusive use of electric, telephone, gas, cable television and postal facilities. These easements are located on private property immediately adjacent to both sides of all platted roadways. Other utilities shall have the right to cross at substantially right angles, but in no event shall any water meters, other structures, trees or shrubs be allowed in the above-described areas. Concrete driveways and sidewalks are permissible as long as they cross at substantially right angles and do not exceed 26 feet in width. Other additional easements may be required when the developer builds and points of service become known. Approval of electric and/or gas service to this subdivision is subject to Public Service Company of Colorado rules, regulations and tariffs on file and in effect with the Colorado Public Utilities Commission. If you have any questions regarding the above subject matter, please contact Teresa Wilson at 571-3735. R.~ "'BeleckY V Electric Distribution Engineering Manager ^ CITY OF WHEAT RIDGE .PLANNING DIVISION STAFF REPORT TO: Planning Commission Date Preparedarch 31, 1994 Date of Meeting: April 7, 1994 Case Manager: eredith Reckert Case No. & Name: WZ-94-3/St. Ives Action Requested: Rezone from R-1, R-2 & A-2 to PRD and approval of an outline development plan Location of Request: 10241 West 38th Avenue, 10150 West 40th Avenue Name/Address of Applicant(s): Dave Dertina, St. Ives Realty 200 Union Blvd., #200, Lakewood Name/Address of Owner(s): 1) J. & Helen Huitt 2) Paul & Anna Weller 3975 Miller Ct, W R 10150 W 40th, W R 3) Raymond Michael Easler 6325 Depew Ct, Arvada Approximate Area: 28.7 acres Present Zoning: R-2, A-1 & A-2 Present Land Use: Single-family residential/vacant Surrounding Zoning: N: A-1 & R-2; S~ PRD, R-1 & C-1; s C-1 & R-1; W: R-3, PRD Surrounding Land Use: N: low density, vacant; ~ multi-family, commercial; Ez Low-density residential, commercial, vacant; d¢~~. multi-family, low- •density residential Comprehensive Plan for Area: Low-density residential/multiple use Date Published: _ 'March 22, 1994 Date to be Posted: March 24, 1994 Date Legal Notices Sent: March 22, 1994 Agency Check List (xX) In staff report Related Correspondence (XX) Attached ( ) None ---------------------------------------------------------------- ENTER INTO RECORD: (XX) Comprehensive Plan (XX) Case File & Packet Materials (XX) Zoning Ordinance ( ) Slides Subdivision Regulations (XX) Exhibits JURISDICTION: The property is within the City of Wheat Ridge; and all notification and posting requirements have been met, therefore there is jurisdiction to hear this case. Planning Commission Staff Report Case No. WZ-94-3/St. Ives Page 2 I. REQUEST The applicant requests approval of a rezoning from Residential-One, Residential-Two and Agricultural-One to Planned Residential Development and for approval of an Outline Development Plan. The plan includes three properties located at 3975 Miller Court, 10241 West 38th Avenue and 10150 West 40th Avenue. There are existing residences on the Miller Court and West 40th Avenue properties which will remain. Although they are both excluded from the PRD zoning, they will need to be included as part of the final plat to legally separate them from the remainder of the property. A house located on the West 38th Avenue property will be demolished. II . OUTLI~L~T At this time, the developer is requesting approval only of the PRD zoning and outline development plan. The intent of the outline plan is to establish a general character of the proposed development, establish allowable densities and major access points. Prior to any construction on the property, a combined final development plan and plat must be approved by Planning Commission and City Council. The applicant is proposing an outline plan which allows 140 single- family "patio" homes on 28.7 acres. The patio home concept may include detached and/or attached (duplex) dwellings and zero lot line configurations. The density proposed would be 4.90 units/acre gross density. As the interior streets are private, they have been included in this calculation. If the 5.94 acres of private streets are taken out of the calculation, the net density would be 6.24 dwelling units per acre. For comparison purposes, the gross density, including public streets, for standard residential zone districts are as follows: Gross Density !including G+reetG~ R-1: 2.90 du/a R-lA: 4.03 du/a R-1B: 4.84 du/a R-1C: 6.97 du/a Net Density lexcludinc tr e+al 3.48 4.84 5.81 8.71 This is proposed to be a gated community with a single access point off of West 38th Avenue. A gated entrance with guard house will allow cars into the development. A secondary access point at the northwest corner of the project is provided for emergency vehicles and pedestrians. This emergency access will have a break away fence shown at the intersection of West 41st Avenue and Miller Street right-of-way extended from the north. The Wheat Ridge Fire District will require this gate to be moved farther west toward the Miller Court/West 41st Avenue intersection as they are concerned that this will become Planning Commission Staff Report Page 3 Case No. WZ-94-3/St. Ives "overflow" parking for the development, unless some other traffic barrier such as bollards are put in at that location. Lot sizes will be a minimum of 4500 square feet in size with a maximum building coverage of 2100 square feet (47$ lot coverage). The homes proposed will generally be two stories with a maximum height of 35 feet. While each lot has a small amount of open space/yard area, the overall project will have 1.8 acres of common landscaped open space. This would include a club house with swimming pool, walking paths and detention areas/ponds. The responsibility for maintenance of these areas will be the home owners association. Each home will have two garage stalls plus two off-street parking spaces in the driveway. As no on-street parking is allowed, Staff feels the need for additional, congregate off-street parking areas in addition to the ten stalls at the club house. Staff is recommending that at the time of final plan and plat, congregate parking areas be scattered throughout the development. Aside from right-of-way dedications for Miller Court (10') and West 38th Avenue (10'), all streets within the development will be privately owned and maintained. The developer is proposing a 40-foot private right-of-way width with a 28-foot-wide built street section. No parking would be allowed on the street. See further discussion under Section IV. A right-of-way vacation for Miller Street will occur at the time of final plat. West 41st Avenue needs to be designated for emergency access, pedestrian access and utilities. A six-foot-high screening wall with perimeter landscaping will surround the development. Staff concludes that all requirements for an outline development plan have been met. III. NEIGHBORHOOD MEETING A meeting for neighborhood input was held on December 16, 1993. Those attending were: Meredith Reckert (staff) David Dertina (applicant) Jody Dertina (applicant) Phyllis Easler (owner) Mike Easler (owner) Helen Huitt (owner) J. Huitt (owner) Glen Huitt (owner) Jeff Huitt (owner) Mike Kingston, 4070 Moore Street Phil Plummer, 10398 West 41st Avenue Dan Benson, 4045 Miller Court Mike Crawford, T0921 West 79th Avenue Maureen Fitz, 3580 Miller Street Chris Galves, 10094 West 41st Avenue Irene Galves, 10094 West 41st Avenue Carl Cerveny, 3425 Moore Street Paul Longo 8485 West Hampden, ##107 Planning Commission Staff Report Page 4 Case No. WZ-94-3/St. Ives Items discussed included style, design and cost of the proposed units, street design and perimeter buffering. Drainage was also a major concern as there are current drainage problems at the northeast corner of the site. Residents on West 41st Avenue would like assurance that this project will not exacerbate the existing problem. in general, however those in attendance were supportive of the design concept. IV. CRITERIA TO JUSTIFY A ZONE CNANGE Staff has the following comments regarding the criteria used to justify a zone change. 1. That the change of zone is in conformance, or will bring the property into conformance with the City of Wheat Ridge Comprehensive Plan goals, objectives and policies, Comprehensive Land Use plan and other related policies or plans for the area. The Comprehensive Plan designates this property as low-density residential on the northwestern .one-third and as multiple use on the remainder. Low density residential is defined as containing from one through seven dwelling units per acre. Multiple use is defined in the Comprehensive Plan as including "a mix of residential, office and/or retail commercial uses, and .parks and open space, and public/semi-public uses to be developed in a manner which insures compatibility between uses within multiple use areas and adjacent uses, especially where adjacent to low-density residential uses. Industrial uses are specifically prohibited." The proposed density of 4.9 units per acre gross or 6.24 unit/acre-net is in conformance with the low-density designation. The development as proposed showing single-family units with a fair amount of landscaping interspersed would be consistent with Multiple Use concept. Lena Gulch which traverses the property at the southeast corner provides a physical barrier between this property and the commercial use and zoning at the West 38th Avenue/Kipling intersection. A strip of C-1 zoning will be left along Kipling to allow future commercial development. 2. That the proposed change of zone is compatible with the surrounding area and there will be minimal adverse impacts considering the benefits to be derived. Development surrounding the property includes R-2 zoned, single-family residences and duplexes and a small piece of undeveloped A-1 land on the north. To the west is a single-family neighborhood with R-3 zoning with a density of roughly 5.8 units per acre. A multifamily project with a density of 9.7 units per acre adjoins this land on the southwest. Planning Commission Staff Report Page 5 Case No. WZ-94-3/St. Ives C-1 property abuts the project south of West 38th Avenue. There are three R-1 zoned single-family lots remaining along the north side of West 38th Avenue at the southeast corner of the project.- C-1 zoned land along Kipling abuts the property to the east. 3. That there will be social, recreational, physical and/or economic benefits to the community derived by the change of zone. There will be economic benefits derived by an increased property tax base and increased buying power within the community. 4. That adequate infrastructure/facilities are available to serve the type of uses allowed by the change of zone, or that the applicant will upgrade and provide such where they do not exist or are under capacity. All utilities can serve the property with the infrastructure improvements discussed under Section V. 5. That the proposed rezoning will not adversely affect public health, safety or welfare by creating excessive traffic congestion, create drainage problems, or seriously reduce light and air to adjacent properties.' There will be minimal impact to the public street system except for West 38th Avenue. Public Works will require a ten-foot right-of-way dedication along that stretch plus the construction of a continuous accel/decal lane. Drainage on the southern portion will flow to Lena. Gulch. Adequate detention areas must be provided on the north so as not to cause drainage problems for the neighbors on the north. 6. That the property cannot reasonably be developed under the existing zoning conditions. The property could be developed as zoned (R-1, R-2 & A-1), however the planned development proposed creates a more integrated neighborhood and allows better use of the land form. 7. That the rezoning will not create an isolated or spot zone district unrelated to adjacent or nearby areas. Approval of this request would not constitute spot zoning as the property is abutted by residentially-zoned property on three sides. 8. That there is a void in an area or community need that the change of zone will fill by providing for necessary services, products or facilities especially appropriate at the location, considering available alternatives. Planning Commission Staff Report Case No. WZ-94-3/St. Ives Page 6 There is an apparent-void in the market for single-family residential units on smaller lots. This is the first proposal of this type in the City. Staff concludes that the criteria used to evaluate a rezoning support approval of this request. V. STREET SYSTEM This application is unusual in that the developer is proposing a totally private street system. The City's standard for a local street is 50 feet of right-of-way with a 34 foot section flow line to flow line. This design allows for two travel lanes with curb, gutter and sidewalk and parking on both sides of the street. The developer is proposing 40 feet of ,private right-of-way with a section 28 feet wide curb-to-curb with sidewalk on one side. No on- street parking would be allowed. Private streets are not uncommon throughout metropolitan Denver. The following entities deal with private streets for residential subdivision development in the following manner: ,7efferson County Allows private streets but they have to meet their standards for section and construction If less than the County' standards are being proposed, a specific variance is required from the County Commissioners No congregate parking is required Streets are posted as fire lanes Snow removal and street maintenance and repair are responsibilities of the homeowners association through covenants Lakewood Allows private streets but they have to meet the City's standards for construction, however width can be less (not less than 28 feet from flow line to flowline) Curb and gutter is not required, but provisions must be made for drainage such as drainage pans No congregate parking is required Snow removal, street maintenance and repair and police protection are responsibilities of the homeowners association through covenants Littleton Allows private streets if approved as a part of a p.u.d. Private streets must meet-the City's standards for construction, however the width can be less s ~ Planning Commission Staff Report Page 7 Case No. WZ-94-3/St. Ives No on-street parking is allowed and streets are posted as fire lanes Snow removal, street maintenance and repair and police enforcement are responsibilities of the homeowners association through covenants In general, Staff is not unsupportive of the private street concept. However, at the time of final plat, a development covenant must be submitted which provides for snow removal and street maintenance and repair. The street should be constructed to City standards for local streets (relative to pavement design) and designated as fire lanes with no on-street parking allowed. Further, at the time of final plat, parking pods must be interspersed throughout the subdivision. The City Attorney has suggested that at the time of final plat, that all of the private streets in the development be included in a single "outlot tract" and that use restrictions be indicated on the face of the document as well as in the covenants. VI. AGENCY REFERRALS Consolidated Mutual Water District can serve. The easement at the northwest corner of the property extending west to Miller Court will have to be 30 feet wide with a paved surface or a 50-foot-wide "soft" surface. Westridge Sanitation can serve the property. A 15-foot-wide easement for sanitary sewer has been obtained to reach West 41st Avenue to the north. Jefferson County School District reviewed this request as a typical development rather than a project marketed toward "empty nesters". They indicated that schools serving the development are currently inadequate, however, future improvements should lessen the problem. Wheat Ridge Fire District will require fire hydrants at intersections, at the end of cul-de-sacs and along continuous street runs. Cul-de- sac turn radii are adequate, however, the fire district, in general does not approve of private streets with smaller cross-sections than the City's normal local street standard. The secondary access point at the northwest corner of the site is acceptable as long as the gate is moved farther west towards the intersection of Miller Court and West 41st Avenue unless other traffic barriers are put in place. This would prohibit overflow parking to occur which could be a problem if the-gate is located as shown on the plan. The Park and Recreation Commission will require an trail access along Lena Gulch. They would like to connection from West 38th Avenue north through the Housing Authority property to continue north along sidewalk), west along West 41st Avenue to Miller S north to West 41st Avenue. easement for a see the pedestrian Jefferson County Miller Court (a's greet extended, and Planning Commission Staff Report Page 8 Case No. WZ-94-3/St. Ives The Police Department is requesting that internal addressing follow the metropolitan grid system. They are requesting 24-hour access to the property. Tickets can be issued for on-street fire lane parking violations on private streets. Public Works will require a drainage plan and report. An approved NPDES permit is required. At the time of final plat, ten-foot right- of-way dedication occur for Miller Court and West 38th Avenue. A right-of-way vacation for Miller Street will also occur at that time. West 41st Avenue needs to be re-designated as being for emergency vehicle access, pedestrian access and utilities. In general, Public Works does not object to the internal private street system as long as the streets are constructed to the City's standards for local streets (i.e., pavement thickness). Because of the reduced width, they need to be designated as fire lanes and posted for no parking. Provisions for maintenance, repair, snow removal, etc., must be assured. They concur that additional off-street parking areas should be required. VII. STAFF CONCLUSIONe Staff concludes that the proposed zoning and outline development plan are compatible with adjacent zoning and land use and are consistent with the Comprehensive Plan. Staff further concludes that the private street concept is workable if adequate provisions are made for police and fire protection, snow removal and street maintenance and repair. Based on the conclusion that the change supports this request and Development plan have been met, a for Case No. WZ-94-3. criteria used to evaluate a zone that all requirements of an Outline recommendation of Approval is given VIII. RECOMMENDED MOTION OPTION A: "I move that Case No. WZ-94-3, a request for approval of a rezoning from R-1, R-2 and A-2 to Planned Residential Development and for approval of an outline development plan for properties located at 10241 West 38th Avenue, 10150 West 40th Avenue and 3975 Miller Court be Approved for the following reasons; 1. The request is consistent with the Comprehensive Plan. 2. It is compatible with adjacent land use and zoning. 3. The criteria used to evaluate a rezoning support approval of this request. With the following stipulations that should be considered when the Final Development Plan and Plat is submitted for approval: 1. The street system should be legally described as an "out-lot tract" and designated fire lane with specific design and maintenance provisions specified, including parking restrictions. • i Planning Commission Staff Report Page 9 Case No. WZ-94-3/St. Ives 2. Resolution of the various agency comments 'regarding fire and police access and services, public works comments, planning department comments, etc. should be incorporated into the final plan and plat. OPTION B: "I move that Case No. WZ-94-3, a request for approval of a rezoning from R-1, R-2 and A-2 to Planned Residential Development and for approval of an outline development plan for properties located at 10241 West 38th Avenue, 10150 West 40th Avenue and 3975 Miller Court be Denied for the following reasons: 1. 2. 3. <pc>srwz943 OFFIGI,hL ZONING M~F Wi-fEr°cT RIDGE GOLOR,hDO MAP ADOPTED Las+ Revision. huqust 17, 1993 DB+NTit~ OF PL.ANLNB h+D DEV9.t7PhETtT - 85-2852 ® AREA REQUIRING SITE PLAN APPROVAL r- .i r•••••~ 100-YEhR FLOOD PLAIN ~__.j UPPROXIMATE LCGhTION) ZONE DISTRICT BOUNDRY PARGEL/LOT BGUNDRY (DESIGNATES OWNERSHIP) _._ _._ WATER FEATURE r DENOTES MULTIPLE ADDRESSES 5~ 21 nxrH o® SGhLE I•=4C0 Planning Commission Minutes April 7, 1994 Page 8 3. Case No WZ- 4-3• An application by St. Ives Realty for approval of a rezoning ,from Agricultural-One, Residential-One and Residential-Two to Planned Residential Development and for approval of an Outline Development Plan. Said property is located at 10241 West 38th Avenue. Commissioner CERVENY announced his wish to be excused from hearing this case, due to a conflict of interest. Commissioner LANGDON informed Commission that he owned property 'adjacent to the subject site. He asked that they decide whether his ownership created a conflict of interest. Mr. Gidley explained the term "conflict of interest". Commissioner excused Commissioner-CERVENY from hearing the case -and informed Commissioner LANGDON that he could remain and hear the case. Meredith Reckert presented the staff report, which included slides. Entered and accepted into the record were the Comprehensive Plan, Zoning Ordinance, case file, packet materials and exhibits. Commissioner ECKHARDT asked what was an NPDES permit. Ms. Reckert answered it is a State/Federal (EPA) required permit for off-site drainage. Mr. Gidley explained further that it is a permit issued to control soil erosion when a property (greater than five acres) is under constrµction. Commissioner QUALTERI asked what would happen if the residents of the proposed development desired to abandon the private street and dedicate it back to the City? Is the City required to accept that dedication? Mr. Gidley stated the City is not required to accept the dedication, however the City Council could decide to accept the dedication. He elaborated on street design and standards. Commissioner QUALTERI asked if the City, by law, could refuse to accept the streets? Mr, Gidley answered yes in his opinion the City could. Commissioner QUALTERI asked who would maintain the street? Planning Commission Minutes April 7, 1994 Page 9 Mr. Gidley answered that the homeowners would. The City could enjoin them from that action in court. He added it would be mandatory to maintain a specific set of declarations and legal means of holding the homeowners and a specific person (such as the president of the homeowners) responsible. Commissioner QUALTERI asked if the vacation of Miller Street would require public hearing? Ms. Reckert stated that the vacation would be part of the public hearing process. Discussion followed. Commissioner QUALTERI asked Ms. Reckert if a traffic report was done? He was concerned about traffic versus the proposed one major entrance/exit design. .~-. •. •. Ms. Reckert stated that several designs were considered and suggested that the consultant for the developer could best talk about the proposed plan. Mr. Gidley added that the City's traffic engineer evaluated the projected traffic generated from the proposed subdivision. He found that West 38th Avenue has adequate capacity to accept the anticipated increase. A traffic signal may be required, which would be determined by a traffic impact study. The study would be the responsibility of the developer. • David Dertina, 14473 West 33rd Avenue, Golden was sworn in. Mr. Dertina stated the complex is to be constructed with the "empty nester" in mind. He added that the "gated community" is rather unique in this area. He explained further. Commissioner QUALTERI asked how the sales could be restricted to "empty nesters"? Mr. Dertina stated that sales could not be "restricted", but that proposed marketing would appeal to older. citizens. He elaborated. Commissioner QUALTERI stated that he could see younger families inheriting these homes in the future. He then asked about how the gated entrance would work. Mr. Dertina stated a guard would open and close the gate during daytime hours. At night, a transmitter, something like a garage door opener, would open the gate. 1 Commissioner QUALTERI asked With the gated entrance, how could ./ police could patrol the area? • Planning Commission Minutes April 7, 1994 Page 10 Mr. Dertina stated the police and fire department would have access 24 hours a day. Chairperson RASPLICKA stated a fence was mentioned in the staff report but the plan indicates a wall would surround the development. M~_Dertina stated that a stucco wall would be constructed along the West 38th Avenue, the main entrance. He elaborated. Chairperson RASPLICKA asked if the wall would be six feet in height? Mr Derti*+ answered yes. Chairperson RASPLICKA asked if six feet would be sufficient to .,,protect the .residents? ~ . Mr Dertina stated that typically, six feet to six and one-half feet walls are sufficient. Chairperson RASPLICKA asked if the developer had done cost projections regarding snow removal? Mr' D--- P~rtina stated they were constructing a similar project in Littleton. -100 units out of 120 are pre-sold. He added that he felt they had "done their homework" before beginning such a project. Chairperson RASPLICKA asked if the street would be constructed to City standards? Mr. D-- e_. ~t3na answered_that yes, the street would meet City standards. He added that if the street was initially constructed properly, maintenance costs would be lower. Mr. Dertina stated that maintenance fees for the Littleton project were anticipated at $110/residence per month. That figure includes all snow removal, lawn maintenance, manning the entrance gate daily, etc. Chairperson RASPLICKA asked the developer at what point th8 project would be turned over to a homeowners association, since the developer had a three-year build-out plan. Mr. Dertina. stated usually the developer is involved with the project until 90~ complete. Commissioner ECKHARDT asked Mr. Dertina if curbs and gutters would be installed. MrMr-~na stated that no curb and gutter was preferred to add to the "country feel" of the development. He noted it was shown on the plan, however, the plan is not a final version. Planning Commission Minutes April 7, 1994 Page 11 Jerry York, of York Engineering, 1827 Federal Blvd., Denver was sworn in. Mr. York stated the plan was to install a defined edge of asphalt with concrete rather than curb and gutter. Some past projects had been installed with a pan and rolled curb. Mr. York added that setbacks from the street would average 20 feet, except for those properties with side-loading garages. Commissioner QUALTERI asked what percentage of the lots would have 4500 square feet? Mr. York stated approximately one-third, or between 30-40$. Commissioner QUALTERI asked for the average size residence. Mr. York stated 2100 square feet, or 50 feet by 30 or 40 feet. Commissioner QUALTERI thought the size of home would^make it difficult to get the 20 foot setback. Mr. York. stated the back yards would be small, about 20 feet deep. Commissioner QUALTERI asked what the average lot width would be. Mr. York answered anywhere from 50 to 60 feet. He elaborated. Mr. Gidley stated the City's Zoning Ordinance allows for a zero lot line or a shared lot line. He explained how this works. Mr.'York explained that some zero lot lines might occur at the end of some stud streets. Phil lummer, 10398 West 41st Avenue was sworn in. Mr. Plummer stated he thinks the concept presented tonight is acceptable. He is happy the project will not exceed 4.9 units/acre. He feels it is a good compromise. His concern was the location of the emergency access. Paul Weiler, 10150 West 40th Avenue was sworn in. Mr. Weller was concerned that his property was shown in the 100-year flood plain. He stated that he had farmed the property for 45 years and had experienced no water problems. A water problem had been created when the City built a concrete bike path, filling the overflow ditch. This construction had created a drainage problem. Mr. Weller had asked the City to rectify the problem numerous times to no avail. Mr. Gidley volunteered to speak with the Parks and Recreation Director, Gary Wardie about this problem. Planning Commission Minutes April 7, 1994 Page 12 Nancy Snow, 11155 West 40th Avenue was sworn in. Ms. Snow stated she is part-owner of a duplex near the proposed development. She wondered what the developer planned to do about landscaping and fencing along West 41st Avenue. Ms. Snow was also concerned about the maintenance of fencing/landscaping. She was hopeful that the developer had allowed for adequate parking. Where would RVs be parked? She hoped the developer would not market the homes to seniors exclusively. Mr. Xork stated that options are a wood fence, steel fence with intermittent brick pillars, open pickets, cedar staggered pickets, etc. Discussion followed.' Chairperson RASPLICKA asked if the Building Division could review the fence permit? ,„ Mr. Gidley stated Planning Commission would review at the Final Building Development stage. Commissioner LANGDON asked if the fence would be placed on the property line. } Mr. York stated this was discussed at the input meeting. Discussion was heard at that time about placing the fence three feet from the property line and installing a low maintenance ground cover from the fence to the property line. He noted that the area is difficult to get to. Discussion followed regarding possible bike/pedestrian/horse trail access. Mr. Gidley stated the Parks Department makes the determination of trail design. The current design is a ten-foot-wide concrete path. The fence may be relocated, since it is in the right-of- way. The City would recommend bollards be installed at the intersection of West 41st Avenue and Miller Street prohibiting vehicular access. Mr. Gidley did not recommend a gate access at that location. He added that perhaps the Fire Department would allow two concrete strips, rather than solid concrete drives. Commissioner ECKHARDT stated the idea of a gated enclave in the City bothered him. He agreed with the concept of imaginative type housing/streets. Commissioner ECKHARDT felt an edging to the asphalt was necessary. FIe suggested sidewalks (possibly detached) be installed when traffic paths are worn to determine placement. The single access point concerned him due to safety factors. With a single access, he felt traffic problems would be a certainty. He thought an additional access on Kipling should be studied. Commissioner ECKHARDT felt walkways in the northeast corner and on the south near the lower detention pond, would be desirable to connect with the Greenbelt along the East. Between Lots 94 and 35, the storm sewer connection could tie into the Planning Commission Minutes April 7, 1994 Page 13 proposed walkway on Miller Court. He felt Ms. Snow's comment about parking for RVs was good. Commissioner ECKHARDT felt there was a need for additional parking pods throughout the development. He added that problems could arise if setbacks were less than 20 feet, since cars would then be parked on sidewalks. Mr. Gidley pointed that looking at the typical design provided, parking of vehicles occurs well off the street. He was more concerned about the possibility of dangerous icy sidewalks which would occur on northern exposures if setbacks are less than,20- feet. Commissioner ECKHARDT asked what was the planned width of sidewalks. - Mr. York answered four feet. Commissioner ECKHARDT stated that four feet should be the minimum allowed. Mr. York told about projects he had participated in where no sidewalks were constructed and the residents walked in the streets. } Commissioner LANGDON moved that Case No. WZ-94-3, a request by St. Ives Realty for approval of a rezoning from Agricultural-One, Residential-One and Residential-Two to Planned Residential Development and for the approval of an Outline Development Plan for property located at 10241 West 38th Avenue, 10150 West 40th Avenue and 3975 Miller Court be Approved for the following reasons: 1. The request is consistent with the Comprehensive Plan. 2. It is compatible with adjacent land use and zoning. 3. The criteria used to evaluate a rezoning support approval of this request. With the following stipulations: 1. The street system should be legally described as an "out-lot tract" and designated fire lane with specific design and maintenance provisions specified, including parking restrictions. 2. Resolution of the various agency comments regarding fire and police access and services, public works comments, planning department comments, etc. should be incorporated into-the final plan and plat. 1 Commissioner OWENS seconded the motion. Planning Commission Minutes April 7, 1994 Page 14 Commissioner QUALTERl offered a friendly amendment that before the final plat is submitted an additional entry way be added onto Kipling Street on the east. He added that he was very uncomfortable with a single access to this development. Additionally, the second entry would relieve traffic on West 38th Avenue. Commissioner LANGDON suggested further discussion Mr. Gidley suggested the requirement for the developer to require a traffic study that addresses the issue of a single entrance, impact to the street system and the proposed intersection and the possibility for other access points for traffic signalization. Commissioner QUALTERl accepted that suggestion as did Commissioner LANGDON. Motion carried 6-0. Commissioner LANGDON commented to the developer about the difficulty .to maintain greenbelt-type or bikeway fence; they become a maintenance headache. Mr. Gidley requested that Item 10 be discussed first. At 10:50 p.m. a brief recess was called. Meeting reconvened at 10:55 p.m, Commissioner CERVENY reentered the meeting. 8. CLOSE THE PUBLIC HEARING 9. NEW BUSINESS 1. Meeting with City Council Mr. Gidley reminded Commission that they would be'meeting jointly with City Council on Monday, April 18, 1994. Mr. Gidley went over his memo with Commission. Discussion was heard regarding prioritizing some of those topics for the scheduled meeting. Mr. Gidley offered to draft a memo listing suggested .topics and if it meets approval, either the Chairperson or Vice Chairperson will sign it. Commissioners OWENS and RASPLICKA will be unable to attend the meeting. 10. OLD BUSINESS 11. DISCUSSION AND DECISION ITEMS l 12. COMMITTEE & DEPARTMENT REPORTS J i PUBLIC HEARING SPEAKE~ LIST CASE N0: w~,_gn_ DATE• na-n7-g4 REQUEST: An application by St. Ives Realty for approval of a rezoning from Agricultural-One, Residential-One and Residential-Two tq Planned Residential Development and for approval of an Outline Development Plan. Said property 1 is located at 10241 West 38th Avenue. ~ position O,n Request; ~ _ (Please Check) ; i SP£AKER~S NAHE ~ ADDRESS (PLEASE PRINT} i IN FAVOR i OPPOSED i 1 1 1 1 1 I -- i i i I I I i I I I 1 i i 1 1 i i 1 1 1 i I 1 1 l 1 ' 1 1 I 1 1 t 1 ~ 1 1 I t • 1 i 1 1 I 1 1 ~, 1 I 1 I ~ i i 1 1 ~ 1 I 1 1 ~ 1 1 1 I I i 1 1 1 1 1 1 i 1 1 1 ~ CERTIFICATION OF RESOLUTION CITY OF WHEAT RIDGE PLANNING COMMISSION ,CASE NO: WZ-94-3 LOCATIONS: 10150 West 40th Ave 10241 West 38th, Ave 3975 Miller Court APPLICANT(S) NAME: St. Ives Realty OWNER(S) NAME: J/Helen Huitt; Paul/Anna Weller; R M Easler REQUEST: Rezone from R-1, R-2 & A-2 to PRD and approval of an outline development plan APPROXIMATE AREA: 28.7 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 heard 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 LANGDON, seconded by Commissioner OWENS, that Case No. WZ-94-3, a request by St. Ives Realty for approval of a rezoning from Agricultural-One, Residential-One and Residential-Two to Planned Residential Development and for the approval of an Outline Development Plan for property located be forwarded to City Council with a recommendation for Approval for the following reasons: 1. The request is consistent with 2. It is compatible with adjacent 3. The criteria used to evaluate a this request. the Comprehensive Plan. land use and zoning. rezoning support approval of With the following stipulations: 1. The street system should be legally described as an "out-lot tract" and designated fire lane with specific design and maintenance provisions specified, including parking restrictions. 2. Resolution of the various agency comments regarding fire and police access and services, public works comments, planning department comments, etc. should be incorporated into the final plan and plat. 3. That a traffic study be done that addresses the issue of a single entrance, impact to the street system and the proposed intersection. Further, the study should investigate the possibility of other access, points for traffic signalization. VOTE: YES: Eckhardt, Qualteri, Owens, Rasplicka and Crumpton NO: None Certificate of Resolution Page 2 Case No. WZ-94-3/St. Ives Realty I, Sandra Wiggins, Secretary to the City of Wheat Ridge Planning Commission, do hereby and herewith certify that the foregoing Resolution was duly adopted by a 6-0 vote of the members present at their regular meeting held in the Council Chambers of the Municipal Building, Wheat Ridge, Colorado, on the 7th day of April, 1994. Jay Rasplicka, Vice Chairperson WHEAT RIDGE PLANNING COMMISSION <pc>resowz943 Sa ra Wiggins, S _ ~ a~ WHEAT RIDGE PLANNING COMMISSION QIIASI-JUDICIAL X Yes No _ PUBLIC HEARINGS __ CITY ADM. MATTERS ELEC. OFFICIALS MATTERS _ PROC./CEREMONIES CITY ATTY. MATTERS X ORDINANCES FOR 1ST READING _ BIDS/MOTIONS LIQUOR HEARINGS __ ORDINANCES FOR 2ND READING INFORMATION ONLY PUBLIC COMMENT RESOLUTIONS ACiSNDA ITEli TITLE:. Ordinance on 1st Reading - Case No. WZ-94-3 SUMMARY/RECOMMENDATION: Council Bill provides for approval of rezoning from A-1, R-1 and R-2 to Planned Residential Development and for approval of an outline development plan. Properties are located at 10211 West 38th Avenue, 10150 West 40th Avenue and 3975 Miller Court. ATTACHMENTS: 1) Council Bill 2) 3) ITEM: Yes No Fund Dept/Acct # Budgeted Amount $ Requested Expend.S Requires Transfer/ Supp. Appropriation Yes No 1 move the Council Bill No. be approved on first reading, ordered published, public hearing to be set for Monday, May 23, 1994 at 7:00 p.m. in City Council Chambers, Municipal Building, and if approved on second reading take effect upon passage. INTRODUCED BY COUNCIL MEMBER Council Bill No. ORDINANCE NO. Series of 1994 TITLE: AN ORDINANCE PROVIDING FOR THE APPROVAL OF REZONING FROM AGRICULTURAL-ONE, RESIDENTIAL-ONE AND RESIDENTIAL-TWO TO PLANNED RESIDENTIAL DEVELOPMENT ON LAND LOCATED AT 10241 WEST 38TH AVENUE, 10150 WEST 40TH AVENUE AND 3975 MILLER COURT, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, THAT: Section 1. Upon application by St. Ives Realty for approval of rezoning in Wheat Ridge, Colorado, Case No. WZ-94-3 and based upon recommendation for approval, with conditions from the Wheat Ridge Planning Commission, and pursuant to findings made based on testimony and evidence presented at public hearing before the Wheat Ridge City Council, Wheat Ridge maps are hereby amended to exclude from the Agricultural-One, Residential-One and Residential-Two Districts and to include in the Planned Residential Development District, the following described land: A parcel of land situated in the Southeast one-quarter of Section 21, Township 3 South, Range 69 West of the Sixth Principal Meridian, Jefferson County, State of Colorado, consisting of approximately 29.9 acres, more particularly described as follows: The East 264 feet of the North 750 feet of the Southwest one- quarter Southeast one-quarter Section 21, Township 3 South, Range 69 West of the 6th P.M., except the North 20 feet thereof and except the West 15 feet thereof and except the East 20 thereof and except the South 230 feet of the East 264 feet of .the North 750 feet of the Southwest Quarter of the Southeast Quarter of Section 21, Township 3 South, Range 69 West of the 6th P.M., except the West 15 feet thereof, and except the East 20 feet thereof, excluding any portion of the above described property not located in the East 8 acres of the Southwest Quarter of the Southeast Quarter of Section 21, Township 3 South, Range 69 West of the 6th P.M., County of Jefferson State of Colorado. and including The West one-half of the Southeast one-quarter of the Southeast one-quarter of Section 21, Township 3 South, Range 69 West, except any portion which may lie within 38th Ave., and except: A part of the West one-half of the Southeast one-quarter of the Southeast one-quarter. (W 1/2 SE 1/4 SE 1/4) of Section 21, Township 3 South, Range 69 West, more particularly described as follows: beginning at the Southeast Corner of said W 1/2 SE 1/4 Ordinance No. Series of 1994 Page 2 SE 1/4; thence West 120 feet, thence North 80 feet, thence in a Northeasterly direction 137 feet to a point which is 148 feet North of place of beginning. and including All that part of the West one-half of the East one-half of the Southeast one-quarter of the Southeast one-quarter of Section 21, Township 3 South, Range 69 West of the 6th P.M., City of Wheat Ridge, Jefferson County, Colorado, lying north or northerly of center line of a certain stream commonly called Dry Creek together with a strip 20 feet wide to be used for road purposes along the East side of that portion of the West one-half of the East one-half of the Southeast one-quarter of the Southeast one- quarter lying south of center line of said Dry Creek being a roadway connecting the first above described tract with West 38th Avenue, excepting therefrom that portion of the above described land as taken by the City o£ Wheat Ridge for the Lena Gulch drainageway as evidenced by order for immediate possession recorded October 10, 1980 at Reception no. 80076775 of the Jefferson County records. Section 2 Condition The Outline Development Plan, attached hereto and incorporated herein, is hereby adopted and shall serve as a general guideline for the future development and use of the legally described property. Prior to development and use of the property, preliminary and final development plans, and a subdivision plat must be approved in accordance with Wheat Ridge Code of Laws,,Section 26-25. Right to development shall not accrue until the Final Planned Residential Development Plan and Subdivision Plat have been legally approved by the Wheat Ridge Planning Commission and City Council and recorded with the Jefferson County Clerk and Recorder, and subject to meeting all other requirements as provided by the Wheat Ridge City Charter and the Wheat Ridge Code of Laws. Section 3. Safety Clause The City Council hereby finds, determines, and declares that this ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public, and that this ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the ordinance bears a rational relation to the proper legislative object sought to be attained. Section 4 ~verabilit~ If any clause, sentence, paragraph, or part of this ordinance or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid, such judgment shall not affect, impair or invalidate the remainder of this ordinance or its application to other persons or circumstances. Ordinance No. Series of 1994 Page 3 Section 5. This ordinance shall take effect days after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of _ to on this __ _ day of 1994, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for 1994, at 7:00 o'clogk p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of tc this day of , 1994. SIGNED by the Mayor on this day of 1994. Dan Wilde, MAYOR Wanda Sang, CITY CLERK APPROVED AS TO FORM BY CITY ATTORNEY Kathryn Schroeder, CITY ATTORNEY 1st Publication: 2nd Publication: Wheat Ridge Sentinel Effective Date: ^ <pc>ordwz943 .~' P.CI.6OX 638 TELEPHONE: 307/277.6944 The Cr~ 7500 WEST 29TH AVENL~Wt1EAT (710CE. COLORA00 8G0]i . ~Iheat Ridge POSTING CERTIFICATION CASE N0. (,t1Z -gel -3 PLANNING COMMISSION - CITY COUNCIL - BOARD OF ADJUSTMENT (Circle One) HEARING DATE: ~%~~~~ ~,~ n a m e residing at a d r e s s) as the applicant for Case No. _~ z -~J~1-,3 hereby certify on this ~ day of __~~ n , ~ ~9~ 7 6c=_;- , and do hereby certify that said sign 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: 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 Community Development. that I have posted the Notice of Public Hearing at 7500-WEST 29TH AVENUE _ _ T11B (illj/ Of P.O. BOX 638 WHEAT RIDGE. CO 80034-0638 (303) 234-5900 ~1Vheat City Admin. Fax ~ 234-5924 Police Dept. Fax k 2352949 ,. Ridge May 9, 1994 This is to inform you that Case No. WZ-94-3 which is a. request fOT an,~rov~1 of - re2on;ng from A~ric~nltn ral-nn a, Raci~lant One and Residential-Two to Planned Residential Development and-for approval of an outline development plan __ for property located at i ma,i ~T ~R+fi Avam a 2Q"!G M' l l rnnr+ and and 10150 W 38th Avenue will be heard by the Wheat Ridge ~;ty Cbunci~ in the Council Chambers of the Municipal Complex, 7500 West 29th Avenue at 7:00 p.m., on Mav 23 1994 All owners and/or their legal counsel 'of the parcel under consideration must be present at this hearing before the 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. 2£ you have any questions or desire to review any plans, please contact the Planning Division. Thank you. PLANNING DIVISION <pc>phnoticeform' v ,;,,,,~,.~,,,~,., ~J Dear Adjacent Property Owner: If you have received this notice, you reside or own property adjacent to a property involved in a land use case being processed by the City of Wheat Ridge. This notice is intended to inform you of the process involved in land use development applications. Prior to application for rezoning or special use permit, the developer is responsible for holding an info ovideetheborhood meeting. The purpose of the meeting is to p opportunity for citizens to become aware of a proposed development in their neighborhood and to allow the developer to respond to citizen concerns in the design of their project. All residents within 600 feet are required to be notified of the meeting. A staff planner will attend the meeting to discuss City policy and regulations and the process involved, however, the planner will remain impartial regarding viability of the project. Keep in mind that this is not a public hearing. Althoi~his the synopsis of the meeting will be entered as testimony, public hearings in front of Planning Commission and City Council where decisions are rendered. If you want input in the decision- making process, it is imperative that you attend the public hearings. The public hearings you will be attending are quasi-judicial in nature. Please do not contact your Planning Commior1toethe Council people to discuss the merits of a case p public hearing. It could jeopardize your representatives' ability to hear the case. If you are an adjacent property, you may have the right to file a "legal protest" against the application. The result of this filing is that it requires a 3/4 majority of City Council to approve a request. If you have questions regarding any of the information given above, do not hesitate to contact a planner at the City offices by calling 235-2846. The Planning & Development Department is open Monday through Friday _8:30 a.m. through 5:00 p.m• <pc>adjpropowner ,~ P.O. BOX 638 TELEPHONE: 303/237-6944 7500-WEST 29TH AVENUE .WHEAT RIDGE, COLORADO 80034 May 12, 1994 ***CORRECTION NOTICE*** The City of Wheat Ridge This is to inform you that Case No. WZ-94-3 which is a request fOr ~proval of a rp on;ng from Acfr;c,l ,ral On R ;dential- One and Residential--Two to Planned Residential Development and for gpproval o an on line dP Plopmc~n plan _ for property located at 10241 W 38th Avenue 3975 Miller Court _and ***1015 W 40th 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 nrtay 24, 1994 All owners and/or their legal counsel of the parcel under consideration must be present at this hearing before the As an area resident or interested party, you have the right to attend this Public Hearing and/or submit written comments. It shall be the applicant's responsibility to notify any other persons whose presence is desired at this meeting. If you-have any questions or desire to review any plans, please contact the Planning Division. Thank you. PLANNING, DIVISION <pc>phnoticeform "The Carnation City" ~ w CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: City Council Date Prepared: May 10, 1994 Date of Meeting: May 23, 1994 Case Manager: Meredith Reckert Case No. & Name: WZ-94-3/St. Ives Action Requested: Rezone from A-1, R-1 & R-2 to PRD and approval of an outline development plan Location of Request: 10241 West 38th Ave, 10150 West 40th Ave & 3975 Miller Ct Name/Address of Applicant(s): David Dertina, St. Ives Realty 200 Union Blvd., #200, Lakewood Name/Address of Owner(s): 1) J. & Helen Huitt 2) Paul & Anna Weller 3975 Miller Ct, W R 10150 W 40th, W R 3) Raymond Michael Easler 6325 Depew Ct, Arvada ----------------------------------------------- Approximate Area: 28.7 acres Present Zoning: A-1, R-1 and R-2 Present Land Use: Single-family residential/vacant Surrounding Zoning:, N: A-1 & R-2; ~ PRD, R-1 & C-1; Ez C-1 & R-1; W: R-3, PRD Surrounding Land Use: s low density, vacant; ~ multi-family, commercial; ~ Low-density residential, commercial, vacant; nT~ multi-family, low- density residential Comprehensive Plan for Area: Low-density residential/multiple use ----------------------------------------------------------------- Date Published: May 3, 1994 Date to be Posted: May 9, 1994 Date Legal Notices Sent: May 9, 1994 Agency Check List (XX) In staff report Related Correspondence (XX) Attached ( ) None ----------------------------------------------------------------- ENTER INTO RECORD: (XX) Comprehensive Plan (XX) Case File & Packet Materials (XX) Zoning Ordinance ( ) Slides ( ) Subdivision Regulations (XX) Exhibits ------------------------------------------------------------------ rrrorcnrrmrnwr. ' The property is within the City of Wheat Ridge, and all notification and posting requirements have been met, therefore there is jurisdiction to hear this case. City Council Staff Report Page 2 Case No. WZ-94-3/St. Ives I. REQUEST The applicant requests approval of a rezoning from Agricultural-One, Residential-One and Residential-Two to Planned Residential Development and for approval of an Outline Development Plana The plan includes three properties located at 3975 Miller Court, 10241 West 38th Avenue and 10150 West 40th Avenue. There is an existing residence on the Miller Court property which will remain. Although it is both excluded from the PRD zoning, it will need to be included as part of the final plat to legally separate it from the remainder of the property. The houses located on West 38th Avenue and on West 40th Avenue will be demolished. II. OUTLINE PLAN At this time, the developer is requesting approval only of the PRD zoning and outline development plan. The intent of the outline plan is to establish a general character of the proposed development, establish allowable densities and major access ,points. Prior to any construction on the property, a combined final development plan and plat must be approved by Planning Commission and City Council. The applicant is proposing an outline plan which allows 140-158 single-family "patio" homes on 28.7 acres. The number of lots cannot be specifically determined until a final plat and development plan is designed, however, the total number of units could be up to 158. The patio home concept may include detached and/or attached (duplex) dwellings and zero lot line configurations. The density proposed would be 4.90 to 5.6 units/acre gross density. As the interior streets are private, they have been included in this calculation. If the 5.94 acres of private streets are taken out of the calculation, the net density would be 6.24 to 7.0 dwelling units per acre. For comparison purposes, the gross density for standard residential zone districts are as follows: Gross Density Net Density (including s resat ) (excluding streets) R-1: 2.90 du/a 3.48 R-lA: 4.03 du/a 4.84 R-1B: 4.84 du/a 5.81 R-1C: 6.97 du/a 8 71 This is proposed to be a gated community with a single access point off of West 38th Avenue. A gated entrance with guard house will allow cars into the development. A secondary access point at the northwest corner of the project is provided for emergency vehicles and pedestrians. This emergency access will have a break away fence shown at the intersection of West 41st Avenue and Miller Street right-of-way City Council Staff Report Case No. WZ-94-3/St. Ives Page 3 extended from the north. The Wheat Ridge Fire District will require this gate to be moved farther west toward the Miller Court/West 41st Avenue intersection as they are concerned that this will become "overflow" parking for the development, unless some other traffic barrier such as bollards are put in at that location. Lot sizes will be a minimum of 4500 square feet in size with a maximum building coverage of 2100 square feet (47~ lot coverage). The homes proposed will generally be two stories with a maximum height of 35 feet. While each lot has a small amount of open space/yard area, the overall project will have 1.8 acres of common landscaped open space. This would include a club house with swimming pool, walking paths and detention areas/ponds. The responsibility for maintenance of these areas will be the home owners association. Each home will have two garage stalls plus two off-street parking spaces in the driveway. As no on-street parking is allowed, Staff feels the need for additional, congregate off-street parking areas in addition to the ten stalls at the club house. Staff is recommending that at the time of final plan and plat, congregate parking areas be scattered throughout the development. An alternative to this would be to permit parking on one side of the street. Aside from right-of-way dedications for Miller Court (10') and West 38th Avenue (10'), all streets within the development will be privately owned and maintained. The developer is proposing a 40-foot private right-of-way width with a 28-foot-wide built street section. As proposed, no parking would be allowed on the street. See further discussion under Section IV. A right-of-way vacation for Miller Street will occur at the time of final plat. West 41st Avenue needs to be designated for emergency access, pedestrian access and utilities. A six-foot-high screening wall with perimeter landscaping will surround the development. Staff concludes that all requirements for an outline development plan have been met. III. NEIGHBORHOOD MEETIIC A meeting for neighborhood input was held on December 16, 1993. Those attending were: Meredith Reckert (staff) David Dertina (applicant) Jody Dertina (applicant) Phyllis Easier (owner) Mike Easier (owner) Helen Huitt (owner) Mike Kingston, 4070 Moore Street Phil Plummer, 10398 West 41st Avenue Dan Benson, 4045 Miller Court Mike Crawford, 10921 West 79th Avenue Maureen Fitz, 3580 Miller Street Chris Galves, 10094 West 41st Avenue City Council Staff Report Case No. WZ-94-3/St. Ives J. Huitt (owner) Glen Huitt (owner) Jeff Huitt (owner) Page 4 Irene Galves, 10094 West 41st Avenue Carl Cerveny, 3425 Moore Street Paul Longo 8485 West Hampden, #107 Items discussed included style, design and cost of the proposed units, street design and perimeter buffering. Drainage was also a major concern as there are current drainage problems at the northeast corner of the site. Residents on West 41st Avenue would like assurance that this project will not exacerbate the existing problem. In general, however those in attendance were supportive of the design concept. IV. CRITERIA TO JUSTIFY A ZONE CH_A1~IGE Staff has the following comments regarding the criteria used to justify a zone change. 1. That the change of zone is in conformance, or will bring the property into conformance with the City of Wheat Ridge Comprehensive Plan goals, objectives and policies, Comprehensive Land Use plan and other related policies or plans for the area. The Comprehensive Plan designates this property as low-density residential on the northwestern one-third and as multiple use on the remainder. I,ow density residential is defined as containing from one through seven dwelling units per acre. Multiple use is defined in the Comprehensive Plan as including "a mix of residential, office and/or retail commercial uses, and parks and open space, and public/semi-public uses to be developed in a manner which insures compatibility between uses within multiple use areas and adjacent uses, especially where adjacent to low-density residential uses. Industrial uses are specifically prohibited." The proposed density of 4.9 to 5.3 units/acre gross or 6.24 to 6.7 units/acre net is in conformance with the low-density designation. The development as proposed showing single-family units with a fair amount of landscaping interspersed would be consistent with Multiple Use concept. Lena Gulch which traverses the property at the southeast corner provides a.physical barrier between this property and the commercial use and zoning at the West 38th Avenue/Kipling intersection. A strip of C-1 zoning will be left along Kipling to allow future commercial development. 2. That the proposed change of zone is compatible with the surrounding area and there will be minimal adverse impacts considering the benefits to be derived.' Development surrounding the property includes R-2 zoned, single-family residences and duplexes and a small piece of undeveloped A-1 land on the north. To the west is a single-family neighborhood with R-3 City Council Staff Report Page 5 Case No. WZ-94-3/St. Ives zoning with a density of roughly 5.8 units per acre. A multifamily project with a density of 9.7 units per acre adjoins this land on the southwest. C-1 property abuts the project south of West 38th Avenue. There are three R-1 zoned single-family lots remaining along the north side of West 38th Avenue at the southeast corner of the project. C-1 zoned land along Kipling abuts the property to the east. 3. That there will be social, recreational, physical and/or economic benefits to the community derived by the change of zone. There will be economic benefits derived by an increased property tax base and increased buying power within the community. 4. That adequate infrastructure/facilities are available to serve the type of uses allowed by the change of zone, or that the applicant will upgrade and provide such where they do not exist or are under capacity. All utilities can serve the property with the infrastructure improvements discussed under Section V. 5. That the proposed rezoning will not adversely affect public health, safety or welfare by creating excessive traffic congestion, create drainage problems, or seriously reduce light and air to adjacent properties. There will be minimal impact to the public street system except for -- West BSth Avenue. Public Works will require a ten-foot right-of-way dedication along that stretch .plus the construction of a continuous accel/decel lane. Drainage on the southern:.-portion will flow to Lena Gulch. Adequate detention areas must be provided on the north so as not to cause drainage problems for the .neighbors on the north. 6. That the property cannot reasonably be developed under the existing zoning conditions. The property could be developed as zoned (R-1, R-2 & A-1), however the planned development proposed creates a more integrated neighborhood and allows better use of the land form. 7. That the rezoning will not create an isolated or spot zone district unrelated to adjacent or nearby areas. Approval of this request would not constitute spot zoning as the property is abutted by residentially-zoned property on three sides. 8. That there is a void in an area or community need that the change of zone will fill by providing for necessary services, = i City Council Staff Report Page 6 Case No. WZ-94-3/St. Ives products or facilities especially appropriate at the location, considering available alternatives. There is an apparent void in the market for single-family residential units on smaller lots. This is the first proposal of this type in the City. Staff- concludes that the criteria used to evaluate a rezoning support approval of this request. V. STREET SYSTEM This application is unusual in that the developer is proposing a totally private street system. The City's standard for a local street is 50 feet of right-of-way with a 34 foot section flow line to flow line. This design allows for two travel lanes with curb, gutter and sidewalk and parking on both sides of the street. The developer is proposing 40 feet of private right-of-way with a section 28 feet wide curb-to-curb with sidewalk on one side. No on- street parking is proposed, however parking on one side may be considered as an alternate to parking pods. Private streets are not uncommon throughout metropolitan Denver. The following entities deal with private streets for residential subdivision development in the following manner: Jeffers on Co ntv _. Allows private streets but they have to meet the County's standards for section and construction If less than the County' standards are being proposed, a specific variance is required from the County Commissioners No congregate parking is.required Streets are posted as fire lanes Snow removal and street maintenance and repair are responsibilities of the homeowners association through covenants Lakewoad Allows private streets but they have to meet the City's. standards for construction, however width can be less (not less than 28 feet from flowline to flowline) Curb and gutter is not required, but provisions must be made for drainage such as drainage pans No congregate parking is required Snow removal, street maintenance and repair and police protection are responsibilities of the homeowners association through covenants City Council Staff Report Case No. WZ-94-3/St. Ives Littleton Allows private streets if approved as a part of Private streets must meet the City's standards however the width can be less Page 7 a p.u.d. £or construction, No on-street parking is allowed and streets are posted as fire lanes Snow removal, street maintenance and repair and police enforcement are responsibilities of the homeowners association through covenants In general, Staff is not unsupportive of the private street concept. However, at the time of final plat, a development covenant must be submitted which provides for snow removal and street maintenance and repair. The street should be constructed to City standards for local streets (relative to pavement design) and designated as fire lanes with no on-street parking allowed. If parking is allowed on one side, then 20 feet would be designated as fire lane. Further, at the time of final plat, parking pods must be interspersed throughout the subdivision, unless on-street (one side) parking is permitted. The City Attorney has suggested that at the time of final plat, that all of the private streets in the development be included in a s`i3rgle "outlot tract" and that use restrictions be indicated on the face of the document as well as in the covenants. VI. AGENCY REFERRALS Consolidated Mutual Water District can serve. The easement at the northwest corner of the property extending west to Miller Court will have to be 30 feet wide with a paved surface or a 50-foot-wide "soft" surface. Westridge Sanitation can serve the property. A 15-foot-wide easement for sanitary sewer has been obtained to reach West 41st Avenue to the north. Jefferson County School District reviewed this request as a typical development rather than a project marketed toward "empty nesters". They indicated that schools serving the development are currently inadequate, however, future .improvements should lessen the problem. Wheat Ridge Fire District will require .fire hydrants at intersections, at the end of cul-de-sacs and along continuous street runs. Cul-de- sac turn radii are adequate, however, the fire district, in general does not approve of private streets with smaller cross-sections than the City's normal local street standard. The secondary access point at the northwest corner of the site is acceptable as long as the gate 3s moved farther west towards the intersection of Miller Court and West 41st Avenue unless other traffic barriers are put in place. This would prohibit overflow parking to occur which could be a problem if the gate is located as shown on the plan. City Council Staff Report Page 8 Case No. WZ-94-3/St. Ives The Park and Recreation Commission will require an trail access .along Lena Gulch. They would like to connection from West 38th Avenue north through the Housing Authority property to continue north along sidewalk), west along West 41st Avenue to Miller S north to West 41st Avenue. easement for a see the pedestrian Jefferson County Miller Court (as treet extended, and The Police Department is requesting that internal addressing follow the metropolitan grid system. They are requesting 24-hour access to the property. Tickets can be issued for on-street fire lane parking violations on private streets. Public Works will require a drainage plan and report. An approved NPDES permit is required. At the time of final plat, ten-foot right- of-way dedications occur for Miller Court and West 38th Avenue. A right-of-way vacation for Miller'Street will also occur at that time. West 41st Avenue needs to be re-designated as being for emergency vehicle access, pedestrian access and utilities. In general, Public Works does not object to the internal private street system as long as the streets are constructed to the City's standards for local streets (i.e., pavement thickness). Because of the reduced width, they need to be designated as fire lanes and posted for no parking. Provisions for maintenance, repair, snow removal, etc., must be assured. They concur that additional off-street parking areas should be required. VII. PLANNING COMMISSION ACTION- Planning Commission reviewed this request at a public hearing held on April 7, 1994. A recommendation of Approval-was made for the following reasons: 1. The request is consistent with the Comprehensive Plan. 2. It is compatible with adjacent land use and zoning. 3. The criteria used to evaluate a rezoning support approval of this request. With the following stipulations: 1. The street system should be legally described as an "out-lot tract" and designated fire lane with specific design and maintenance provisions specified, including parking restrictions. 2. Resolution of the various agency comments regarding fire and police access and services, public works comments, planning department comments, etc. should be incorporated into the final plan and plat. 3. That a traffic study be done that addresses the issue of a single entrance, impact to the street system and the proposed intersection. Further, the study should investigate the possibility of other access points for traffic signalization. City Council Staff Report Page 9 Case No. WZ-94-3/St. Ives VIII. STAFF CONCLUSIONS Staff concludes that the proposed zoning and outline development plan are compatible with adjacent zoning and land use and are consistent with the Comprehensive Plan. Staff further concludes that the private street concept is workable if adequate provisions are made for police and fire protection, snow removal and street maintenance and repair, and parking. Based on the conclusion that the criteria used to evaluate a zone. change supports this request and that all requirements of an Outline Development plan have been met, a recommendation of Approval is given for Case No. WZ-94-3. With the following conditions in regard to the final development plan and plat stage: 1. The street system should be legally described as an "out-lot tract" and designated fire lane with specific design and maintenance provisions specified, incl,~ding parking restrictions. 2. Resolution of the various agency comments regarding fire and police access and services, public wor'.ss comments, planning department comments, etc. should be incorporated into the final plan and plat. 3. That a traffic study be done that addresses the issue of a single entrance, impact to the street system and the proposed intersection. Further, the study should investigate the possibility of other access points. IX. RECOMMENDED MOTIONS' OPTION A: "I move that Case No. WZ-94-3, a request for approval of a rezoning from A-1, R-1 and R-2 to Planned Residential Development and for approval of an outline development plan for properties located at 10241 West 38th Avenue, 10150 West 40th Avenue and 3975 Miller Court be Approved for the following reasons: 1. The request is consistent with the Comprehensive Plan. 2. It is compatible with adjacent land use and zoning. 3. The criteria used to evaluate a rezoning support approval of this request. With the following conditions in regard to the Final Development Plan and Plat stage: 1. The street system should be legally described as an "out-lot tract" and designated fire lane with specific design and maintenance provisions specified, including parking restrictions. 2. Resolution of the various agency comments regarding fire and police access and services, public works comments, planning department comments, etc. should be incorporated into the final plan and plat. City Council Staff Report Page 10 Case No. WZ-94-3/St. Ives 3. That a traffic study be done that addresses the issue of a single entrance, impact to the street system and the proposed intersection. Further, the study should investigate the possibility of other access points. OPTION B: "I move that Case No. WZ-94-3, a request for approval of a rezoning from R-1, R-2 and A-2 to Planned Residential Development and for approval of an outline development plan for properties located at 10241 West 38th Avenue, 10150 west 40th Avenue and 3975 Miller Court be Denied for the following reasons: 1. 2. 3. " <pc>srwz943 • cSt. Investment Real Estate 100 Union Boulevard Suite 430 Lakewood, Colorado 80228 TEL. (303) 986-9499 FAX (303) 988-8609 o+uroo• May 9, 1994 Ms. Meredith Reckert Y:tanner City of Wheat Ridge 'iSOO West 29th Avenue Wheat Ridge, CO 80034-0638 Uekfr Meredith: Concerning the rezoning of the Easler, Huit, and Weller properties, please be advised that the site plans we have given to you have been preliminary and conceptual. A number of factors will influence the actual lot sizes and numbers once a]i of our engineering ar_d architectural designs get further along. We presently expect to net about 5.5 dwelling units to the acre on the average for all three parcels which would amount to about 158 lots. This expectation still keeps us in the low density single family catagory as we originally planned. 9`he~ planning commission's approval for rezoning of our development 2 don't think addressed the fact that the site plan shaven at the hearing was a preliminary lot layout showing only 140 lots for the three parcels. This preliminary site plan did not address the latest planning information we now have. I hope you will convey this information at our city counsel hearing set for May 23rd. I didn't want everyone to think we are only planning the number of lots shover. on our preliminary drawings. franks for you for ail of your support and help with this development. We appreciate the level of professionalism shown ]ay you, Glen, and the rest of your staff. 5i cef el David D t na CITY OF WHEAT RIDGE ~ 2 MAY 11 1994 PLANNING & DEVELOPMENT CITY COUNCIL MINUTES: May 23, 1994 Page -5- PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 2. Council Bill No. 54 - An Ordinance providing for the approval of rezoning from Agricultural-One, Residential-One and • Residential-Two to Planned Residential Development on Land located at 10241 West 38th Avenue, 10150 West 40th Avenue and 3975 Miller Court, City of Wheat Ridge, County of Jefferson, State of Colorado. (Case No. WZ-94-3) (St. Ives Realty) Council Bill 54 was introduced on second reading Mr. Hall; title read by the Clerk. Glen Gilley gave the staff report. Mr. Edwards stated he wants to make a quick motion that is not pertaining to this. Mayor Wilde asked him to wait until this item is over. Mr. Edwards wants to do it right now, it will just take a minute. Mayor Wilde said to wait. Mr. Edwards made a point of order that a motion to reconsider takes precedence. over any other motion whatsoever and it yields to nothing,--nothing. He is asking for a point of order and moves to reconsider his previous motion on 38th Avenue. The reason he is moving to reconsider is because if it does not fail, you cannot reconsider a vote to reconsider, and it dies tonight. Motion by Mr. Edwards to reconsider his previous motion on 38th Avenue. Mayor Wilde stated we are not going to hear this until after this item. Mr. Edwards appealed the Mayor's decision to the full Council; seconded by Mrs. Worth. Ms. Schroeder needs a recess to look at this. Mayor Wilde called for a 1.0 Minute recess. After the recess Ms. Schroeder stated that Mr. Edwards is correct, the making of a motion to reconsider yields to absolutely nothing; however, Roberts Rules of Order and Procedure makes it clear that the time for actual consideration of that is of the Chairs choosing and if the motion is made when actual consideration of that motion is not appropriate, the motion is accepted and it is placed in abeyance until such time as it is appropriate to take up before this Council. She recommends that Mr. Edwards be allowed to make this motion and that Council take it up after this Agenda Item, or do it now if they prefer. Mr. Edwards is further correct in his presumption that once something has been reconsidered, it cannot be reconsidered again. Mr. Hall questioned Ms. Schroeder on Section 6.3 of the Council Rules of Order and Procedure, where the last sentence reads "A motion to reconsider shall require an affirmative vote of a majority of the entire Council". What is the meaning of this section? Ms. Schroeder replied that a majority of the entire Council is 5 votes, so a motion to reconsider requires 5 votes. CITY COUNCIL MINUTES: May 23, 1994 Page -6- h1r. Edwards made a point of order that it takes 5 votes to reconsider. At this point he moved to reconsider his motion on 38th Avenue, which takes 5 votes to reconsider; seconded by Mrs. Worth. At this point Mayor Wilde called out to Tony Solana, who had been hooked by via telephone, to see if he could hear and understand the proceedings. Mr. Solano replied that he could hear everything. Ms. Schroeder recommended that a vote on this motion, although made in a timely manner, be deferred until a majority of the entire Council can be present to vote on this because that is what the Ceuneil Rules state. Mayor Wilde did not agree with Ms. majority. Ms. Schroeder stated th mean. Mr. Edwards made a point of in the Charter that state either a of the Quorum present. You need 5 Ms. Schroeder does not agree. Schroeder. 5 Councilmembers are a at is not what it was intended to order--there are different sections majority of the Council or a majority votes to reconsider. Mr. Edwards called for the question; carried 4-2 with Mr. Hall and Mr. Eafanti voting no. Mr. Solana explained that he had not heard the question correctly over the telephone and requested that Council be polled again. Call far the question was tied 3-3 with Councilmembers Edwards, Fields, and Worth voting yes. Mayor Wilde broke the tie by voting no. Motion failed 4-3. Motion by Mr. Hall to table this Item; seconded by Mr. Eafanti; carried 4r 2 with Mrs. Fields and Mrs. Worth voting no. Mr. Gidley stated that the applicants for Case No. WZ-94-3 have formally requested a continuance to June 13, so that they may address several issues brought up at staff report. Motion by Mr. Hall that this matter be rescheduled to June 13, 1994; seconded by Mr. Eafanti; carried 6-0. Item 3'. Council Bill No. 56 - An Ordinance adopting by reference a replacement official zoning map pursuant to Wheat Ridge Code of Laws, Section 26-3(D). Council Bill 56 was introduced by Mrs. Worth on second reading; title read by the Clerk; Ordinance No. 966 assigned. Motion by Mrs. Worth for the adoption of Council Bill 56 (Ordinance seconded by Mr. Edwards; carried 6-0. Item 4. Council Bill 57 - An Ordinance amending the Sign Code of the Code of Laws of the City of Wheat Ridge relating to political signs. Council Bill 57 was introduced by Mr. Eafanti on second reading; title read by the Clerk; Ordinance No. 967 assigned. F - ti CITY COUNCIL MINUTES: June 13, 1994 Page -3- *Mary Mosley, 11325 W. 40th Avenue, Jim Rogers, 387.5 Robb Street, *Jim Deeds, 9515 W. 38th Avenue, *June Wiebe, 9745 w. 38th Avenue, Annette Mulholland, 4185 Everett Drive, *Kay Pesci, 3815 Garland Street, Tom Slattery (read letter from Louise Turner) Ida Tyler, 10895 W. 38th Avenue, Ken Lewis, 3840 Wright Street, spoke regarding ESTIP program; questioned availability of records on how ESTIP money is being used; be careful to vote far an extension to the program; Karen Snyder, 9111 W. 38th Avenue, Melissa Snyder, 9111 W. 38th Avenue, *Jaak Cooper, 3890 Hoyt Street, Teri Dalbee, 3810 Garrison Street, Ron Selstad, 2890 Lamar Street, questioned Council Rules of Order and Procedure; Council breaks or ignores their own Rules, but censors the citizens far speaking; called for Council to resign. *Charles Dalbee, 3810 Garrison Street, *Ric Ondrusek, 3815 Garrison Street, Ruth Ondrusek, 3815 Garrison Street. PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 1. Council Bill No. 54 - An Ordinanee'providing for the approval of rezoning from Agricultural-One, Residential-One and Residential-Two to Planned Residential Development on Land located at 10241 West 38th Avenue, 10150 West 40th Avenue and 3975 Miller Caurt, City of 'riheat Ridge, County of Jefferson, State of Colorado. '''~" (St. Ives Realty) (Continued from May 23, 1994) Mr. Middaugh stated that this case had been presented an N,ay 23, 1994 and exhibits had been entered into the record. He explained that what appears to be a valid legal protest from adjacent property owners has been submitted and therefore this needs a two-third majority vote of Council to pass. This will not be a legal protest if the property is rezoned far 140 units or less. He entered the protest into the record. Council Bill 54 was introduced on second reading by Mrs. Behm; title read by the Clerk; Ordinance Plo. 968 assigned. Applicant, David Dertina, President of St. Ives. Realty, and Jerry York, of York Engineering, were sworn in by the Mayor and explained the plans for this project. Their preliminary site plan presented to the neighbors showed 140 units, and if they are stuck with this, fine, but they would like more flexibility. ~ 4~ CITY COUNCIL MINUTES: June 13, 1994 Page -4- Motion by Mrs. Behm that Case No. Wz-94-3, a request for approval of a rezoning from A-1, R-7 and R-2 to Planned Residential Development and for approval of .an outline development plan for properties located at 10241 West 38th Avenue, 10150 West 40th Avenue and 3975 Miller Court be approved for the following reasons: 1. The request is consistent with the Comprehensive Plan. 2. It is compatible with adjacent land use and zoning. 3. The criteria used to evaluate a r=zoning support approval of this request. With the following conditions in regard to the final Development Plan and Plat stage: 1. The street system should be legally described as an "out-lot tract" and designated fire lane with specific design and maintenance provisions specified, including parking restrictions. 2. Resolution of the various agency comments regarding fire and police access and services, public works comments, planning department comments, etc, should be incorporated intc the final plan and plat. 3• That a traffic study be done that addresses the issue of a single entrance, impact to the street system and the proposed intersection. Further, the study should investigate the possibility of ether access points. It should not exceed 150 units. Seconded by Mr. Eafanti. Motion by hir. Edwards to amend the motion that it net exceed 140 units; seconded by h1rs. Worth; carried 5-3 with Cauncilmembers Siler, Behm, and Eafanti voting no. Original Motion as amended carried 8-0. Authorization of Capital.Improvements in the area of 38th Avenue and Youngfield Street. ~~=' .4r. Middaugh explained the need for road drainage and other capital improvements and answered Councils questions. Mr. Edwards wanted noted for the record that he has discussed Item 5.A. with Mr. Lewis and Mr. Ficco, but not 5.8., which is quasi-judicial. After lengthy discussion Mrs. Worth moved to postpone this Item until it could be discussed at a Study Session, and that Mr. Biehl, the owner of Applewood Shopping Center, be invited to participate; seconded by Mr. Edwards; failed 3-5 with Couneilmembers Edwards, Fields, and Worth voting yes. Mrs. Behm introduced Item S.A. and Clerk read the title. Ralph Santangelo, 3801 Wright Court, was sworn ,in by the i~ayor. He complimented some of the Couneilmembers and staff who had taken care of many of the problems addressed at neighborhood meetings; he hoped this cooperation would continue and problems in the area would be resolved, such as .major drainage problems. CITY COUPICIL MINUTES: June 13, 1994 *Mary Mosley, 11325 W. 40th Avenue, *Jim Rogers, 3875 Robb Street, *Jim Deeds, 9515 W. 38th Avenue, *June Wiebe, 9745 W'. 38th Avenue, *Annette Mulholland, 4185 Everett Drive, *Kay Pesci, 3815 Garland Street, *Tom Slattery Cread letter from Louise Turner) *Ida Tyler, 10895 'd. 38th Avenue, -,''i,~~ Page -3- Ken Lewis, 3840 Wright Street, spoke regarding ESTIP program; questioned availability of records on how ESTIP money is being used; be careful to vote for an extension to the program; *Karen Snyder, 9111 W: 38th Avenue, *Melissa Snyder, 9111 W. 38th Avenue, *Jaek Cooper, 3890 Hoyt Street, *Teri Dalbec, 3810 Garrison Street, Ron Selstad, 2890 Lamar Street, questioned Council Rules of Order and Procedure; Council breaks or ignores their own Rules, bat censors the citizens for speaking; called for Council to resign. *Charles Dalbec, 3810 Garrison Street, *Ric Ondrusek, 3815 Garrison Street, *Ruth Ondrusek, 3815 Garrison Street. PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 1. Council Bill No. 54 - An Ordinance providing for the approval of rezoning from Agricultural-One, Residential-One and Residential-Two to Planned Residential Development on Land located at 10241 West 38th Avenue, 10150 West 40th Avenue and 3975 Miller Court, City of Wheat Ridge, County of Jefferson, State of Colorado. ~-"'~' (St.,Ives °Realty) (Continued from May 23, 1994) htr. Middaugh stated that this case had been presented on May 23, 1994 and exhibits had been entered into the record. He explained that what appears to be a valid legal protest from a3jacent property owners has been submitted and therefore this needs a two-third majority vate of Council to pass. This will not be a legal protest if the property is rezoned far 140 units or less. He entered the protest into the record. Council Bill 54 was introduced an second reading by Mrs. Behm; title read by the Clerk; Ordinance No. 968 assigned. Applicant, David Dertina, President of St. Ives. Realty, and Jerry York, of York Engineering, were sworn in by the Mayor and explained the plans for this project. Their preliminary site plan presented to the neighbors showed 140 units, and if they are stuck with this, fine, but they would like more flexibility. 'Ya CITY COUNCIL MINUTES: June 13, 1994 Page -4- Moticn by Mrs. Behm that Case Pto. WZ-94-3, a request far approval of a rezoning from A-1, R-1 and R-2 to Planned Residential Development and for approval of .an outline development plan for properties located at 10241 West 38th Avenge, 10150 West 40th Avenue and 3975 Miller Court be approved for the fallowing reasons: 1. The request is consistent with the Comprehensive Plan. 2. It is compatible with adjacent land use and zoning. 3. The criteria used to evaluate a rezoning support approval of this request. With the following conditions in regard to the final Development Plan and Plat stager 1. The street system should be legally described as an "gut-lot tract" and designated fire lane with specific design and maintenance provisions specified, including parking restrictions. 2. Resolution of the various agency comments regarding fire and police access and services, public works comments, planning department comments, etc. should be incorporated intc the final plan and plat. 3. That a traffic study be done that addresses the issue of a single entrance, impact to the street system and the proposed intersection. Further, the study should investigate the possibility of other access points. It should not exceed 150 units. Seconded by Mr. Eafanti. Motion by hir. Edwards to amend the motion that it not exceed 140 units; seconded by htrs. Worth; carried 5-3 with Councilmembers Siler, Behm, and Eafanti voting no. Original Motion as amended carried 8-0. Authorization of Capital.Improvements in the area of 38th Avenue and Youngfield Street. "'i~>°" ~1r. Middaugh explained the need for road .9rainage and other capital i[nprove[nents and answered Councils questions. t9r. Edwards wanted noted for the record that he has discussed Item 5.A. with Mr. Lewis and Mr. Ficco, but not 5.6., which is quasi-judicial. After lengthy-discussion Mrs. Worth moved to postpone this Item until it could be discussed at a Study Session, and that h7r. Biehl, the owner of Applewood Shopping Center, be invited to participate; seconded by Mr. Edwards; failed 3-5 with Councilmembers Edwards, Fields, and Warth voting yes. Mrs. Behm introduced Item 5.A. and Clerk read the title. Ralph Santangelo, 3801 iVright Court, was sworn in by the Mayor. He complimented some of the Councilmembers and staff who had taken care cf many of the problems addressed at neighborhood meetings; he hoped this cooperation would continue and problems in the area would be resolved, such as .major drainage problems. QUASI-JUDICIAL X _ Yes No ~ PUBLIC HEARINGS • PROC./CEREMONIES _ BIDS/MOTIONS INFORMATION ONLY _ CITY ADM. MATTERS ELEC. OFFICIALS MATTERS _ CITY ATTY. MATTERS ORDINANCES FOR 1ST READING _ LIQUOR HEARINGS _}j~ ORDINANCES FOR 2ND READING PUBLIC COMMENT RESOLUTIONS AGENDA ITEIi TITLE: Case No. WZ-94-3/St. Ives SUMMARY/RECOMMENDATION: This is a request £or approval of a rezoning from A-1, R-1 and R-2 to Planned Residential Development and for approval'of an outline development plan. The properties are located at 3975 Miller Court, 10241 West 38th Avenue and 10150 West 40th Avenue. Staff recommends approval. ATTACHMENTS: BUDGETED 1) staff report ITEM: Yes No 2) Fund 3) Dept/Acct # Budgeted Amount $ _ Requested Expend.S Requires Transfer/ Supp. Appropriation Yes- No SUGGESTED MOTION: I move that Case No. WZ-94-3, a request for approval of a rezoning from A- 1, R-1 and R-2 to Planned Residential Development and for approval of an outline.deve_lopment gl.an for properties located.. at-roved fortthetfollowing 10150 West 40th Avenue and-3975 Miller Court be App reasons.: _ -_ __ 1. The request is consistent with the Comprehensive Plan. 2. It is compatible with adjacent land use and zoning. 3. The criteria used to evaluate a rezoning support approval of this request. With the following conditions in regard to the Final Development Plan and Plat stage: 1. The street system should be legally described as an "out-lot tract" and designated fire lane with specific design and maintenance provisions specified, including parking restrictions. 2. Resolution of the various agency comments regarding fire and police access and services, public works comments, planning depia~ment comments, etc. should be incorporated into the final plan and p 3. That_a traffic study be done that addresses the issue of a single entrance, impact to the street system and the proposed intersection. Further, the study should investigate the possibility of other access points. .r k ~~v`~ INTRODUCED BY COUNCIL MEMBER BERM Council Bill No. 54 ORDINANCE NO. 968 Series of 1994 TITLE: AN ORDINANCE PROVIDING FOR THE APPROVAL OF REZONING FROM AGRICULTURAL-ONE, RESIDENTIAL-ONE AND RESIDENTIAL-TWO TO PLANNED RESIDENTIAL DEVELOPMENT ON LAND LOCATED AT 10241 WEST 38TH AVENUE, 10150 WEST 40TH AVENUE AND 3975 MILLER COURT, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, THAT: Section 1, Upon application by St. Ives Realty for approval of rezoning in Wheat Ridge, Colorado, Case No. ~7Z=94-3 and based upon recommendation for approval, with conditions from the Wheat Ridge Planning Commission, and pursuant to findings made based on testimony and evidence presented at public hearing before the Wheat Ridge City Council, Wheat Ridge maps are hereby amended to exclude from the Agricultural-One, Residential-One and Residential-Two Districts and to include in the Planned Residential Development District, the following described land: A parcel of land situated in the Southeast one-quarter of Section 21, Township 3 South, Range 69 West of the Sixth Principal Meridian, Jefferson County, State of Colorado, consisting of approximately 29.9 acres, more particularly described as follows: The East 264 feet of the North 750 feet of the Southwest one- quarter Southeast one-quarter Section 21, Township 3 South, Range 69 West of the 6th P.M., except the North 20 feet thereof and except the West 15 feet thereof-and except the East 20 thereof and except the South 230 feet of the East 264-feet of the North 750 feet of the Southwest Quarter of the Southeast Quarter of Section 21, Township 3 South, Range 69 West of. the 6th P.M., except the West 15 feet thereof, and except the East 20 feet thereof, excluding any portion of the above described property not located in the East 8 acres of the Southwest Quarter of the Southeast Quarter of-Section 21, Township 3 South, Range 69 West of the 6th P.M., County of Jefferson State of Colorado. and including The west one-half of the Southeast one-quarter of the Southeast one-quarter of Section 21, Township 3 South, Range 69_West, except any portion which may lie within 38th Ave., and except: A part of the West one-half of the Southeast one-quarter of-the Southeast one-quarter (W 1/2 SE 1/4 SE 1/4) of Section 21, Township 3 South, Range 69 West, more particularly described as follows: beginning at the Southeast Corner of said W 1/2 SE 1/4 r i . Ordinance No. 968 Series of 1994 __ Page 2 SE 1/4; thence west 120 feet, thence North 80 feet, thence in a Northeasterly direction 137 feet-to a point which is 148 feet North of place of beginning. and including All that part of the West one-half of the East one-half of the Southeast one-quarter of the Southeast one-quarter of Section 21, Township 3 South, Range 69 West of the 6th P.M., City of Wheat Ridge, Jefferson County, Colorado, lying north or northerly of center line of a certain stream commonly called Dry Creek together with a strip 20 feet wide to be .used for road purposes along the East side of that portion of the West one-half of the East one-half of the Southeast one-quarter of the Southeast one- quarter lying south of center line of said Dry Creek being a roadway connecting the first above_described tract with West 38th Avenue, excepting therefrom that portion of the above described land as taken by the City of Wheat Ridge for the Lena Gulch drainageway as evidenced by order for immediate possession recorded October 10, 1980 at Reception no. 80076775 of the Jefferson County records. Section 2. Condition. The Outline Development Plan, attached hereto and incorporated herein, is hereby adopted and shall serve as a general guideline for the future development and use of the legally described property. Prior to development and use of the property, preliminary and final development plans, and a subdivision plat must be approved in accordance with Wheat Ridge Code of Laws, Section 26-25. Right to development shall not accrue until the Final Planned Residential Development Plan and Subdivision Plat have been legally approved by the Wheat Ridge Planning Commission and City Council and recorded with the Jefferson County Clerk and Recorder, and subject to meeting all other requirements, as provided by the Wheat Ridge City Charter and the Wheat Ridge. Code of Laws. Section 3. Safety Clause. The City Council hereby finds, determines, and declares that this ordinance is promulgated under the general police. power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public, and that this ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the ordinance bears a rational relation to the proper legislative object sought to be attained. Section 4. Severability_, If any clause, sentence, paragraph, or part of this ordinance or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid, such judgment shall not affect, impair or invalidate the remainder of this ordinance or its application to other persons or circumstances. J ~ ~ ~ ~ Ordinance No. 968 Page 3 Series of 1994 Section 5 This ordinance shall take effect upon passage. INTRODUCED, READ, AND ADOPTED on First reading by a vote of 7 to ~ on this 25th day of April 1994, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for.'- May 23 1994, at 7:00 o'clock p.m., i.n the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. 5/23/94 Continued to June 13 ,. 1994 by a vote of 6-0. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of 8 to 0 -this 13th day of June , 1994. SIGNED by the Mayor on this 14th day of June 1994. 1st Publication: May 3,1994 2nd Publication: June 21, 1994 Wheat Ridge Sentinel Effective Date: June 13, 1994 Dan Wilde, MAYOR APPROVED AS TO FORM BY CITY ATTORNEY ~~ d~,r K h yn Sc roeder, CITY ATTORNEY <pc>ordwz943 `~ ,, -~ Ali ~~ ~'' ~. i i " /, w~ ,~1~~ ~~ fry .~" ,,~- ~ i '1 !~ ~ ~a ~x ~a, ~ ~~